ML20140C770
| ML20140C770 | |
| Person / Time | |
|---|---|
| Issue date: | 05/29/1997 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Quillin R COLORADO, STATE OF |
| Shared Package | |
| ML20140C777 | List: |
| References | |
| NUDOCS 9706100065 | |
| Download: ML20140C770 (307) | |
Text
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4 UNITED STATES
- f j
NUCLEAR REGULATORY COMMISSION
't WASHINGTON. D.C. 20555 4004
,,,,,,d May 29,1997 Mr. Robert Quillin, Director Laboratory and Radiation Services Division Department of Public Health and Environment 8100 Lowry Boulevard Denver, CO 80220-6928
Dear Mr. Quillin:
The comments below address the review of Colorado regulations sent to the Office of State Programs on March 27 and April 2,1997.
A.
Final Colorado Regulations 1.
Licensing Requirements for Land Disposal of Low Level Radioactive Waste, Part 14, Section 14.2, Definitions, " Land disposal facility," and Section 14.7.10 Quality Assurance Program, dated January 1,1997. The final regulation was reviewed by comparison to the equivalent NRC regulations in 10 CFR Part 61. As a result of our review, we have determined that the regulations are compatible with the equivalent NRC regulations. However, we have one comment as enclosed.
2.
Licenses and Radiation Safety Requirements for irradiators, Part 19, dated July 1,1997, which became effective January 1,1997. The final regulation was reviewed by comparison to the equivalent NRC regulation in 10 CFR Part 36. As a result of our review, we have determined that the regulation is compatible with the equivalent NRC regulation.
3.
Emergency Plans, RH Part 3, Section 3.9.11, dated January 1,1994. The final regulation was reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 30 and 40. As the result of nur review, we have determined that the regulation is compatible with the equivalent NRC regulations.
4.
Radiation Safety Requirements for Industrial Radiographic Operations, RH Part 5, dated June 30,1994, and RH 3.10.5, dated December 30,1990.
The final regulation was reviewed by comparison to the equivalent NRC f
regulation in 10 CFR Part 34. As a result of our review, we have two comments, as enclosed; the second comment needs to be addressed to
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establish compatible regulations.
5.
Uranium Mill Tailings, RH Part 18, Appendix A, dated December 30,1990, as amended to July 1,1995. The final regulations were reviewed by 0900M E~. 6 5
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NHC FEE CETER C&Y 5 F-k-5 9706100065 970529 PDR STPRG ESGCO
Mr. Robert Quillin l comparison to the equivalent NRC regulations in 10 CFR Part 40, Appendix A. As a result of our review, we have one comment, as enclosed, that needs to be addressed to establish compatible regulations.
6.
Notification of incidents, RH 4.51 effective January 1,1994 (520.2201),
l RH 4.52, 4.53, 4.54 effective November 30,1994 (520.2202-2204),
RH 4.52,4.53 effective November 30,1994 (630.50), RH 4.58 effective November 1,1994 (634.25), RH 7.13 effective December 30,1990 (535.33), RH 4.52, 4.53 effective November 30,1994 (140.60, 570.50).
The final regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 20,30,31,34,35,40, and 70, which became effective on December 30,1990, January 1,1994, and November 30, 1994. We also discusted our review of the regulations with Jake Jacobi, who was contacted on April 23,1997. As a result of our review we have one comment, as enclosed, that needs to be addressed to establish compatible regulations.
B.
Proposed Colorado Regulations 1.
Standards for Protection Against Radiation, RH 4.33.2.4, dated April 1, 1997. The proposed regulation was reviewed by comparison to the equivalent NRC regulation 10 CFR 20.2001 (a) (1). As a result of our review, we have no comment.
2.
Notice and Disposition of Records Prior to License Termination and Decommissioning Recordkeeping, RH Part 3, Sections 3.15.4 and 3.16.6.8, dated February 4,1997. The proposed regulations were reviewed by comparison with the equivalent NRC regulations in 10 CFR 30.35,10 CFR 30.36, and 10 CFR Part 3D, Appendices A and C. As a result of our review, we have no comment.
3.
Self-Guarantee as an Additional Financial Assurance Mechanism, RH Part 3.9.5.1.2.5, dated February 4,1997. The proposed regulation was reviewed by comparison with the equivalent NRC regulations in 10 CFR Parts 30 and 40. As a result of our review, we have no comment.
The proposed regulations, Licensing of Radioactive Material, RH 3.1.1 and RH 3.1.2, dated April 1,1997, were not reviewed because the equivalent NRC regulations do not impose regulatory requirements that should be adopted by Agreement States for the purpose of program compatibility (Compatibility Division 3).
l Please note that we are providing comments only on issues that appear to conflict with Divisions 1 or 2 compatibility requirements. Also, please be aware that under our current procedure, a finding that a reguistion meets the compatibility requirements may only be made based on a review of the final text of the regulation. However, we have determined l
that if the proposed regulations we reviewed were adopted without other significant f
change, they would be compatible.
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Mr. Robert Quillin We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as published" regulations be provided to us for review.
As requested in our All Agreement States Letter SP-96-027, "Reauest to Hiahliaht Chances to Aareement State Reaulations Submitted to NRC for Compatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.
Finally, we will correspond separately with you on three other proposed regulations provided to us on April 2,1997 (Transportation, Timeliness in Decommissioning and LLW Shipment Manifests).
For these regulations, if you have any questions regarding the comments, the compatibility criteria, or the NRC regulation used in the review, please contact me or Dr. Stephen N.
Salomon of my staff at (301) 415 2368, or INTERNET: SNS@NRC. GOV.
Si erely, W) \\ \\7 gvyyV Paul H. Lohaus, Deputy Director Office of State Programs
Enclosure:
As stated
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j Mr. Robert Quillin MAY 2 9 1997, We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as published" regulations be provided to us for review.
As requested in our All Agreement States Letter SP-96-027, "Reauest to Hiahliahl Chanaes to Aareement State Reaulations Submitted to NRC for Compatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.
l Finally, we will correspond separately with you on three other proposed regulations provided to us on April 2,1997 (Transportation, Timeliness in Decommissioning and LLW l
Shipment Manifests).
For these regulations, if you have any questions regarding the comments, the compatibility
)
criteria, or the NRC regulation used in the review, please contact me or Dr. Stephen N.
j Salomon of my staff at (301) 415-2368, or INTERNET: SNS@NRC. GOV.
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Sincerely,
)
Original Signed By:
PAUL H. LOHAUS Paul H. Lohaus, Deputy Director Office of State Programs
Enclosure:
As stated l
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Distribution:
DIR RF (7S-81, -82, -84, -85, -86, -87, -88 and -110)
RLBlanton PMLarkins DCD (SP08)
SDroggitis PDR (YESf)
KNSchneider Colorado File DOCUMtivi NAWlE: G:\\SNS\\C0141935.WP5
- See Previous Co rps ca.
. osure
'N" = No copy j
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. 3py. thi. e.com. indic.i. in in. boa: c = copy without.et.chment/.nclosur.
- E" = Copy with.tt.
m /ei OFFICE OSP l
OSP:DD l
OGC OSf:Df/} 3 i
NAME SNSalomon:gd/nb PHLohaus FXCameron RLBanghirt/ T'b I
DATE 05/16/97*
05/16/97*
05/28/97*
05/P1/97 I-By telephone OSP FILE CODE: SP-AG-!a r
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COMMENTS ON FINAL COLORADO REGULATIONS 1
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State NRC Djn Reaulation Reaulation publect and Comments 2
RH 14.7.10 ' 61.12(j)
The substitution of " quality assurance program" for " quality control program" is correct.
However, the concept of " quality assurance" i
instead of " quality control" later in the sentence was not carried forward. We recommend that i
Colorado complete the substitution of " quality assurance" for " quality control" at a future time when the regulation is revised.
2 RH 3.10.5 34.11 Issuance of specific licenses for use of sealed sources in industrial Radiography.
This regulation uses the term " radiographer's assistant." Since a definition of this term has not been adopted, a clarifying revision is recommended. As an alternative to adopting the definition, we recommend that consideration be given to using the term " radiographer trainee,"
as used in Part 5.
2 RH 5.10 34.25 Leak Testing, Repair, Tagging, Opening, Modification, and Replacement of Sealed Sources.
RH 5.10.5 requires the labeling of exposure devices, while the equivalent NRC regulation in 10 CFR 34.25(e) requires the labeling of sealed sources not fastened to or contained in exposure devices. Regulatory requirements for the labeling of exposure devices are found in 10 CFR 34.20(b) and the equivalent Colorado regulation RH 5.5.2. As a result of this, the Colorado regulations do not meet the compatibility criteria with respect to the requirements for labelir.g of l
sealed sources not fastened to or contained in exposure devices. As such, RH 5.10.5 should be amended to incorporate the text of 10 CFR 34.25(e).
i State NRC h
Reaulation Reaulation Subiect and Comments 2
RH Part 18 40 App A Criteria for mill operation and 11 e.(2) tailings Appendix A (except
- disposal, criteria 12)
The Colorado appendix does not include the definitions and the equivalent of criterion 7 in the NRC regulation. Unless the missing provisions l
are located elsewhere, the Colorado regulations do not meet the compatibility criteria, and the missing provisions should be adopted.
l 2
7.13.2 35.33 Notifications, reports of misadministrations.
For section 7.13.2 to be compatible the words, "why the event occurred," should be added.
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i Mr. Robert Quillin ;
We request that when the proposed regulations are adopted and published as final j
regulations, a copy of the "as published" regulations be provided to us for review.
As requested in our All Agreement States Lettdr SP-96-027, "Reauest to Hiahliaht Chances to Aareement State Reaulations Subrnitted to NRC for Compatibility Review" (March 1,1996), please highlight the final c 'anges and send one copy in a computer l
readable format, if possible.
l t
Finally, we will corresponding separately vy'ith you on three other proposed regulations l
provided to us on April 2,1997 (Transporiation, Timeliness in Decommissioning and LLW -
Shipment Manifests).
j I
For these regulations, if you have any questions regarding the comments, the compatibility i
criteria, or the NRC regulation used in the review, please contact me or Dr. Stephen N.
Salomon of my staff at (301) 415-2368, or INTERNET: SNS@NRC. GOV.
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Sincerely,
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Paul H. Lohaus, Deputy Director
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Office of State Programs i
Enclosure:
/
As stated
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Distribution:
DlR RF (7S-81, 82, -84, -85, -86, -87, -88 and -110)
RLBlanton f
PMLarkins DCD (SP08)
SDroggitis i
PDR (YES.r)
KNSchneider
/
Colorado File
- Telephone concurrence.
DOCUMENT NAME: G:\\SNS\\CO141935.WP5
- See Previous Concurrence.
T. r..uv.. copy of thi. nocum.ni, indic.t. in in. bo.: c. copy without.tt. chm.nt/.nclosur. *E" = Copy with attachm.ntl.nclosur.
- N" = No copy j
OFFICE OSP l
OSP:DD l
OGC OSP:D l
NAME SNSalomon:gd/nb PHLohaus ft) JK FXCameron RLBangart DATE 05/16/97 *
/ 05/g /97 WJ 05/28/97**
05/ /97
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OSP FILE CODE: SP-AG-b
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i Mr. Robert Quillin '
We request that when the proposed regulations areIdopted and publishad as final regulations, a copy of the "as published" regulations bt: provided to us for review.
As requested in our All Agreement States Letter SP-96-027, "Recuest to Hiahliaht i
Chanaes to Aareernent State Reaulations Submitted to NRC for Comoatibility Review" l
(March 1,1996), please highlight the final changes and send one copy in a computer l
readable format, if possible.
l Finally, we will corresponding separately wit $ you on three other proposed regulations provided to us on April 2,1997 (Transportation, Timeliness in Decommissioning and LLW Shipment Manifests).
For these regulations, if you have any questions regarding the comments, the compatibility criteria, or the NRC regulation used in the review, please contact me or Dr. Stephen N.
Salomon of my staf f at (301) 415-2368, or INTERNET: SNS@NRC. GOV.
I Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs
Enclosure:
As stated Distribution:
DlR RF (7S-81, -82, -84, -85, -86, -87, -88 and -110)
RLBlanton PMLarkins DCD (SP08)
SDroggitis PDR (YESf)
KNSchneider Colorado File DOCUMENT NAME: G:\\SNS\\C0141935.WP5
- See Previous Concurrence.
To receive a copy of this document, indicate in the boa:
- C"
- Copy without attachment! enclosure
- E" = Copy with attachment' enclosure
- N* = No copy OFFICE OSP l'
OSP:DD l
OGC l
OSP:D l
l NAME SNSalomon:gd/nb PHLohaus n p iv FXCameron RL8angart DATE 05/16/97 */
05/3 /97 ee) 05/4fdD7 05/ /97 OSP FILE CODE: SP-AG-S flle f* p l
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Mr. Robert Quillin /
i' For these regulations, if yoti have any questions regarding the po,mments, the compatibility criteria, or the NRC regulation used in the review, please coptsct me or Dr. Stephen N.
Salomon of my staff at (301) 415-2368, or INTERNET: SNS@NRC. GOV.
Sincerely [/
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/
t P,a l H. Lohaus, Deputy Director
{
Office of State Programs
Enclosure:
/j/
l As stated l
Distribution:
i DIR RF (7S-81, -82, -84,785, -86, -87, -88 and -110)
RLBlanton PMLarkins DCD (SP08) i SDroggitis PDR (YESf)
KNSchneider Colorado File l
l DOCUMENT NAME: G:\\SNS\\C0141935.WP5 l
l T escriv.. copy or thi. dociJn,.nt, indic.t. In the box: "C" = Copy without attachment / enclosure
- E" - Copy with attachment /enclosur.
- N" = No copy OFFICE
/ OSP g'ng lC
_ OSP:DD l
OGC l
OSP:D l
l NAME SNSalomon:gd PHLohaus FXCameron RLBangart DATE
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05//l197 05/ /97 05/ /97 05/ /97 OSP FILE CODE: SP-AG-b
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< TRANSACTION REPORT >
Os-av isan TMu> 14:26 C
TRANSMIT 3
NO.
DATE TIME DESTINATION STATION PO.
DURATION MODE RESULT h, Mgg 32237 5-29 14:24 817 860 8122 6
O*02'39" NORM.E OK 6
O'02'39*
1 e
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< TRANSACTION REPORT >
05-29-1997(THU) 14:15 C
TRANSMIT 3
NO.
DATE tit 1E DESTINATION STATIOrw PO, DURATION MODE RESULT
[ f) f 6
O'02'54" NORM.E OK 32236 5-29 14:12 303 343 3697 6
O'02'54" 4
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J AGREEMENT STATE REGULATIONS REVIEW RECORD Colorado rules equivalent to:
10 CFR 30.32,10 CFR Part 34,10 CFR Part 40 Appendix A (Final rules) and 10 CFR 30.35,10 CFR 40.36,10 CFR Part 30 Appendices A & C (Proposed rules)
Acril 1997
f.
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Rule Package: Colorado 1997 IMPEP
- Djy Definition CFR Citation State Citation Comments 2
Permanent radiographic installation 34.2
[RH 5.3]
2 Radiographer 34.2
[RH 5.31 2
Radiographer's assistant 34.2
[]
OR: Radiographer trainee
[RH 5.3]
2 Radiographic exposure device 34.2
[RH 5.31 2
Radiography (Industrial radiography) 34.2
[RH 5.3]
2 Source changer 34.2
[RH 5.3]
2 Sealed source use definition in 30.4 2
Storage area 34.2
' [RH 5.31 2
Storage container 34.2
[RH 5.3]
ALL OTHER DEFINITIONS UNCHANGED 1
2 i
Rule Package: Colorado 1997 IMPEP Division and CFR citation Rule subiect State citation Comments 10 CFR PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 2 30.32(i)
Application - emergency planning
[RH 3.9.11]
- final rule meets compatibility criteria 2 30.35 Financial assurance and recordkeeping for IRH 3.9.5]
- subsections reviewed as noted below:
decommissioning 2 30.35 (a) - (d)
- applicability
[RH 3.9.5.1.2.5] : proposed rule - adds provisions from part 40, meets compatibility criteria 2 30.35 (e)
- decommissioning plans
[RH 3.9.5.3.1]
- proposed rule - adopts equivalent requirements, meets compatibility criteria 2 30.35 (f)(2)
- guarantee methods IRH 3.9.5.2.4]
- proposed rule - adopts self-guarantee provisions, meets compatibility criteria 2 30.35(g)
- decommissioning recordkeeping requirements
[RH 3.16.6.8]
- proposed rule - adopts equivalent requirements, meets compatibility criteria 2' 30.51[except(e)] Records
[RH 3.15.4]
- proposed rule - adopts disposition of records rule, meets compatibility criteria i
2 30 Appendix A Financial tests and parent company
[Part 3 appendix A] : proposed amendments to existing rule, meets guarantees for decommissioning compatibility criteria 2 30 Appendix C Financial tests and self guarantees for
[Part 3 Appendix Bl : proposed rule, meets compatibility criteria decommissioning 10 CFR Part 34 LICENSES FOR RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR RADIOGRAPHIC OPERATIONS 1 34.2 Definitions
[RH 5.3]
- all submitted rules in part 5 are final rules 3
Rule Package: Colorado 1997 IMPEP Division and CFR citation Rule sub_iect State citation Comments 2 34.11 issuance of specific licenses for use of sealed
[RH 3.10.51
- addresses radiographer ~ assistants, not radiographer sources in incsustrial Radiography trainees, does not meet compatibility criteria 2 34.20 Performance requirements for radiography
[RH 5.5]
- does not include the 6730/95 amendments due for equipment States by 6/30/98, otherwise meets compatibility criteria 2 34.21 Radiation level limits for IR equipment
[RH 5.6]
2 34.22 Locking of radiographic equipment
[RH 5.7]
2 34.23 Storage precautions
[RH 5.8]
2 34.24 Rediation survey instruments
[RH 5.9) 2 34.25 Leak Testing, Repair, Tagging, Opening,
[RH 5.10)
- RH 5.10.5 addresses exposure devices,' while Modification, and Replacement of Sealed 34.25(e) addresses sealed sources, does not meet Sources compatibility criteria 2 34.26 Quarterly inventory
[RH 5.11]
2 34.27 Utilization logs
[RH 5.12]
2 34.28 Inspection and maintenance of radiographic
[RH 5.13) equipment 2 34.30 Reporting requirements
[RH 5.15]
2 34.31 Training
[RH 5.16]
2 34.32 Operating and emergency procedures
[RH 5.17]
2 34.33 Personnel monitoring
[RH 5.18]
2 34.41 Security
[RH 5.20]
4
3 Rule Package: Colorado 1997 IMPEP Division and I
CFR citation Rule subiect State citation Comments I
34.42 Posting
!RH 5.21]
- Category C under draft revised B.7 3
3 j
2 34.43 Radiation surveys
[RH 5.22]
2 34 Appendix A Required subjects for training instruction
[Part 5 appendix Al :
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t 10 CFR Part 40 DOMESTIC LICENSING OF SOURCE MATERIAL 2* 40 Appendix A Criteria for mill operation and 11e.(2)
[Part 18 Appendix Al : final rule, does not include definitions (except criteria tailings disposal Criterion 6A(3), first line, change " report" to j
12)
" request"; does not include the equivalent of criteria 7 which may be located elsewhere in the rules; does not include the equivalent of criteria 9 or 10, which may be located in part 9 of the rules.
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ALL OTHER RULES UNCHANGED t
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I EXECUTIVE TASK MANAGEMENT SYSTEM
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<<< PRINT SCREEN UPDATE FORM >>>
TASK # - 7S-85
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DATE- 0 4 / 0 7 / 9 7 ;;--- - - ;--- ; ----
MAIL CTRL. - 1997 TASK STARTED - 04/07/97 TASK DUE - 04/21/97 TASK COMPLETED -
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TASK DESCRIPTION - COLORADO DEFINITION OF LAND DISPOSAL AND WASTE SITE QA
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PROGRAM, PART 61 REQUESTING OFF. - COL REQUESTER - QUILLIN WITS -
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PROG.- SNS PERSON -
STAFF LEAD - SNS PROG. AREA -
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PROJECT STATUS -
OSP DUE DATE: 4/22/97
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PLANNED ACC. - N LEVEL CODE -
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PART 14 x
LICENSING REQUIREMENTS FOR LAND DISPOSAL OF LOW LEVEL RADIOACTIVE WASTE v
General Provisions RH 14.1 Purpose and Scoce.
14.1.1 The regulations in this part establish procedure, criteria, and terms and conditions upon which the Department issues licenses for the land disposal of low-level radioactive wastes received from other persons. The requirements of this part are in addition to, sand not in substitution for, other applicable requirements of these regulations.
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14.1.2 The regulations in this part do not apply to disposal of byproduct material as defined in the second definition of " byproduct material" in RH 1.4 of these regulations in quantities greater than 10,000 kilograms containing more than 185 MBq (5 millicuries) of radium-226, or disposal of waste as provided for in Part 4 of these regulations.
14.1.3 This part establishes procedural requirements and performance objectives applicable to any method of land disposal.
It establishes specific technical requirements for near-surface disposal of low-level radioactive waste which involves disposal in l
the uppermost portion of the earth, approximately 30 meters.
Burial deeper than 30 meters may also be satisfactory.
I RH 14.2 Definitions. As used in this part, the,following definitions l {f'"x apply:
" Active maintenance" means any significant activity needed during the period of institutional control to maintain a reasonable assurance that the perf ormance objectives in RH 14.18 and 14.19 are met.
Such active maintenance includes ongoing activities such as the pumping and treatment of water from a disposal unit or one-l time measures such as replacement of a disposal unit cover.
l Active maintenance does not include custodial activities such as repair of fencing, repair or replacement of monitoring equipment, l
revegetation, minor additions to soil cover, minor repair of l
disposal unit covers, and general disposal site upkeep such as mowing grass.
" Buffer zone" means a portion cf the disposal site that is controlled by the licensee and that lies under the disposal units and between the disposal units and the boundary of the site.
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" Chelating agent" means amine polycarboxylic acids, j
hydroxycarboxylic acids, gluconic acid and polycarboxylic acids.
l 14 - 1 g
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January 1, 1997
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" Commencement of construction" means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a disposal facility.
The term does not mean disposal site exploration, necessary roads for disposal site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background 1
information related to the suitability of the disposal site or the protection of environmental values.
" Custodial Agency" means an agency of the government designated to act on behalf of the federal or state government owner of the disposal site.
i
" Disposal" means the isolation of radioactive wastes from the biosphere inhabited by man and his food chains by emplacement in a
- land disposal facility with no intention of retri, eval.
" Disposal site" means the portion of a land disposal facility which is used for disposal of waste.
It consists of disposal units and a buffer zone.
" Disposal unita means a discrete portion of the disposal site into which waste is placed for disposal.
For near-surface disposal the unit is usually a trench.
" Engineered barrier" means a man-made structure or device that is
' intended to improve the land disposal facility's ability to meet the performance objectives in this part.
" Explosive material" means any chemical compound, mixture, or device which produces a substantial instantaneous release of gas and heat spontaneously or by contact with sparks of flame.
" Hazardous waste" means those wastes designated as hazardous by U.S. Environmental Protection Agency regulations in 40 CFR Part 261.
"Hydrogeologic unit" means any soil or rock unit or zone which by virtue of its porosity or permeability, or lack thereof, has a distinct influence on the storage or movement of groundwater.
" Inadvertent intruder" means a person who might occupy the disposal site after closure and engage in normal activities, such a agriculture, dwelling construction, or other pursuits in which an individual might be unknowingly exposed to radiation from the waste.
" Intruder barrier" means a sufficient depth of cover over the waste that inhibits contact with waste and helps to ensure that radiation exposures to an inadvertent intruder will meet the performance objectives set forth in this part, or engineered structures that provide equivalent protection to the inadvertent intruder.
b/ " Land disposal facility" means the land, buildings and structures, and equipm' nt which sre intended to be used for the disposal of e
low-level radioactive wastes.
14 - 2 January 1, 1997
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" Monitoring" means observing and making measurements to provide
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data to evaluate the performance and characteristics of the
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disposal site.
m,-
"Near-surface disposal facility" means a land disposal facility in which low-level radioactive waste is disposal of within approximately the upper 30 meters of the earth's surface.
"Pyrophoric liquid" means any liquid that ignites spontaneously in dry or moist air at or below 1300F (54.4 0C).
"Pyrophoric solida means any solid material, other than one classed as an explosive, which under normal conditions is liable to cause fires through friction, retained heat from manufacturing
' or processing, or which can be ignited readily and which ignited burns so vigorously and persistently as to creat'e a serious transportation, handling, or disposal hazard.
Included are spontaneously-combustible and water-reactive-materials < -
" Site closure and stabilization" means those action that are taken upon completion of operations that prepare the disposal site for custodial care and that assure that the disposal site yiM remain stable and will not need ongoing active maintenance.
" Stability" means structural stability.
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"" Surveillance" means monitoring and observation of the disposal site for purposes of visual detection of need for maintenance, custodial care, evidence of intrusion, and compliance with other license and regulatory requirements.
" Waste" means radioactive waste other than:
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1.
Waste generated as a result of the defense activities of the
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- federal government or federal research and development activities; 2.
High-level waste such as irradiated reactor fuel, liquid waste from reprocessing irradiated reactor fuel, or solids into which any such liquid waste has been converted; 3.
Waste materials containing transuranic elements with contamination levels greater than one hundred nanocuries (3700 bq) per gram of material; 4.
Byproduct material as defined in Section 11.e. (2) of'the
" Atomic Energy Act of 1954", as amended on November 8, 1978;* or 5.
Waste from mining, milling, smelting, or similar processing of ores and mineral-bearing material primarily for minerals other than radium;*
The disposal of thesa materials is licensed under Part III of the regulations.
1 I
l 14 - 3 I
December 30, 1985 l
o
's FH 14.3 License Recuired 14.3.1 No person may receive, possess, and dispose of waste received from other. persons at a land disposal facility unless authorized by a license issued by the Department pursuant to this Part, and Part III of these regulations.
14.3.2 Each person shall file an application with the Department pursuant RH 3.8 of these regulations and obtain a license as provided in this part before commencement of construction of land disposal facility.
Failure to comply with this requirement may be grounds for denial of a license.
RH 14.4 Reserved RH 14.5 Content of Application.
In addition to the requ'irements set forth in RH 3.9 of these regulations, an application to receive from others, possess and dispose-of wastes shall consist of general information, specific technical information, institutional information, and financial information as set forth in RH 14.6 through 14.10.
,, a, 14.5.1 The licensee shall submit written statements under oath _upon request of the Department, to enable the Department to determine the qualifications of individuals, the status of site operators,
" and whether or not additional actions at the site might be warranted.
RH 14.6 Geperal Information.
The general information shall include each of the following:
14.6.1 Identity of the application including:
14.6.1.1 The full name, address, telephone number and description of the business or occupation of the applicant; 14.6.1.2 If the applicant is a partnership, the name and address of each partner and the principal location where the partnership does business; 14.6.1.3 If the applicant is a corporation or an unincorporated association, (i) the state where it is incorporated or organized and the principal location where it does business, and (ii) the names and addresses of its directors and principal officers; and 14.6.1.4 If the applicant is acting as an agent or representative of another person in filing the application, all information required under 14.6.1 must be supplied with respect to the other person.
14 - 4 December 30, 1985
i 14.6.2 Qualifications of the applicant:
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14.6.2'.1 The organizational structure of the applicant, both offsite N- /
and onsite, including a description of lines of authority i
and assignments of responsibilities, whether in the form of administrative directives, contract provisions, or otherwise; 14.6.2.2 The technical qualifications, including training and experience, of the applicant and members of the applicant's staff to engage in the proposed activities. Minimum training and experience requirements for personnel filling key positions described in 14.6.2.1 must be provided.
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14.6.2.3 A description of the applicant's personnel training program; and 1
14.6.2.4 The plan to maintain an adequate complement of trained personnel to carry out waste receipt, handling, and disposal 1
operations in a safe manner.
14.6.3 A description of:
14.6.3.1 The location of the proposed disposal site; 14.6.3.2 The general character of the proposed activities; 14.6.3.3 The types and quantities of waste to be received, possessed, and disposal of; 14.6.3.4 Plans for use of the land disposal facility for purposes
-~s other than disposal of wastes; and
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14.6.3.5 The proposed facilities and equipment.
14.6.4 proposed schedules for construction, receipt of waste, and first j
emplacement of waste at the proposed land disposal facility.
j RH 14.7 Specific Technical Information.
The specific technical information shall include the following information needed for demonstration that the performance objectives and the applicable j
technical requirements of this part will be met:
14.7.L A description of the natural and demographic disposal site characteristics as determined by disposal site selection and characterization activities. The description shall include, but not be limited to, geologic, geotechnical, geochemical, ecologic, archeological, hydrologic, meteorologic, climatologic, and biotic features of the disposal site and vicinity.
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I 14 - 5 A
December 30, 1985 l
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14.7.2 A description of the design features of the land disposal facility and the disposal units.
For near-surface disposal, the description shall include those design features related to infiltration of water; integrity of covers for disposal units, structural stability of backfill, wastes, and covers; contact of wastes with standing water; disposal site drainage; disposal site closure and stabilization; elimination to the extent practicable of long-term disposal site maintenance; inadvertent intrusion; occupational exposures; disposal site monitoring; and adequacy of the size of the buffer zone for monitoring and potential miti &tive measure.
O 14.7.3 A description of the principal design criteria and their relationship to the performance objectives.
14,.7.4 A description of the design basis natural events or phenomena and their relationship to the principal design criteria.
14.7.5 A. description of codes and standards which the applicant has applied to the design and which will apply to construction of the land disposal facilities.
14.7.6 A description of the construction and operation of the land disposal facility.
The description shall include as a minimum the methods of construction of disposal units; waste emplacement; the procedure for and areas of waste segregation; types of intruder barriers; onsite traffic and drainage systems; survey control program; methods and areas of waste storage; and methods to control surface water and groundwater access to the wastes.
The description shall also include a description of the methods to be employed in the handling and disposal of wastes containing chelating agents or other non-radiological substances that might affect meeting the performance objectives of this part.
14.7.7 A description of the disposal site closure plan, including those design features which are intended to facilities disposal site closure and to eliminate the need for ongoing active maintenance.
14.7.8 An identification of the known natural resources at the disposal site, whose exploitation could result in inadvertent intrusion into the waste after removal of active institutional control.
14.7.9 A description of the kind, amount, classification and specifications of the radioactive materials proposed to be received, possessed, and disposed of at the land disposal facility.
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14.7.10 A description of the quality assurance program, developed and applied by the applicant for the determination of natural disposal site characteristics and for quality [controT)during the design, construction, operation and closure of the' land disposal facility and the receipt, handling, and emplacement of waste. Audits and managerial controls must be included, i
14 - 6 January 1, 1997
/,_'N A description of the radiation safety program for control and 14.7.11 monitoring of radioactive effluents to ensure compliance with the
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performance objective in RH 14.19 and occupational radiation
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exposure to ensure compliance with the requirements of Part IV of these regulations and to control contamination of personnel, vehicles, equipment, buildings, and the disposal site.
Both routine operations and accidents shall be addressed. The program description must include procedures, instrumentation, facilities,
.and equipment.
14.7.12 A description of the environmental monitoring program to provide data to evaluate potential health and environmental impacts and the plan for taking corrective measures if migration is indicated.
14.7.13
> A description of the administrative procedures that the applicant will apply to control activities at the land disposal facility.
14.7.14 A description of the facility electronic recordkeeping system as required in RH 14.33.
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RE 14.8 Technical Analyses. The specific technical information shall also include the following analyses needed to demonstrate that the performance objectives of this part will be met:
14.8.1 pathways analyzed in demonstrating protection of the general population trom release of radioactivity shall include air, soil, groundwater, surface water, plant uptake, and exhumation by burrowing animals. The analyses shall clearly identify and differentiate between the roles performed by the natural disposal site characteristics and design features in isolating and segregating the wastes. The analyses shall clearly demonstrate
, -^x that there is reasonable assurance that the exposures to humans Q)
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from the release of radioactivity will not exceed the limits set forth in RH 14.19.
14.8.2 Analyses of the protection of individuals from inadvertent intrusion shall include demonstration that there is reasonable assurance the waste classification and segregation requirements will be met and that adequate barriers to inadvertent intrusion will be provided.
14.8.3 Analyses of the protection of individuals during operations shall include assessments of expected exposures due to routine operations and likely accidents during handling, storage, and disposal of waste. The analyses shall provide reasonable assurance that exposures will be controlled to meet the requirements of part IV of these regulations.
14.8.4 Analyses of the long-term stability of the disposal site and the need for ongoing active maintenance af ter closure shall be based upon analyses of active natural processes such as erosion, mass wasting, slope failure, settlement of wastes and backfill, infiltration through covers over disposal areas and adjacent soils, and surface drainage of the disposal site.
The analyses shall provide reasonable assurance that there will not be a need for ongoing active maintenance of the disposal site following closure.
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January 1, 1997 l
. 1 RH 14.9 Institutional Information.
The institutional information submitted by the applicant shall include:
14.9.1 A certification by the federal or state custodial agency which owns the disposal site that the federal or state agency is prepared to accept transfer of the license when the provisions of i
RH 14.16 are met, and will assume responsibility for institutional control after site closure and post-closure observation and maintenance.
14.9.2 Where the proposed disposal site is on land not owned by the federal or state government, the applicant shall submit evidence that arrangements have been made for assumption of ownership in fee by the federal or a state agency before the Department issues
,a license.
RH 14.10 Financial Information. The financial information shall be sufficient to demonstrate that the financial qualifications of the applicant are adequate to carry out the activities for which the license is sought and meet other financial assurance requirements 1
of this part.
RH 14.11 Recuirements for Issuance of a License. A license for the receipt, possession, and disposal of waste containing or centaminated with radioactive material will be issued by the 1
Department upon finding that:
i 14.11.1 The issuance of the license will not constitute an unreasonable risk to the health and safety of the public-1 14.11.2 The applicant is qualified by reason of training and experience to carry out the disposal operations requested in a manner that i
protects health and minimizes danger te life or property; i
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14.11.3 The applicant's proposed disposal site, disposal design, land disposal facility operations, including equipment, facilities, and procedures, disposal site closure, and postelosure institutional control are adequate to protect the public health and safety in j
that they provide reasonable assurance that the general population will be protected from releases of radioactivity as specified in the performance objective in Rh 14.19; 14.11.4 The applicant's proposed disposal site, disposal site design, land disposal facility operations, including equipment, facilities, and procedures, disposal site closure, and postclosure institutional control are adequate to protect the public health and safety in i
that they will provide reasonable assurance that individual inadvertent intruders are protected in accordance with the performance objective in RE 14.20; 14.11.5 The applicant's proposed land disposal facility operations, including equi' ment, facilities, and procedures, are adequate to p
protect the public health and safety in that they will provide reasonable assurance that the standards for radiation protection set out in Part IV of these regulations will be met; 14 - 8 December 30, 1985 J
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14.11.6 The applicant's proposed disposal site, disposal site design, land disposal facility operations, disposal site closure, and postelosure institutional control are =9 ;2.ce to protect the l
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public health and safety in that they will provide reasonable l
assurance that long-term stability of the disposed waste and the disposal site will be achieved and will eliminate to the extent practicable the need for ongoing active maintenance of the l
disposal site following closure; l
14.11.7 The applicant's demonstration provides reasonable assurance that I
the applicable technical requirements of this part will be met; i
14.11.8 The applicant's proposal for institutional control provides reasonable assurance that such control will be provided for the
)
- length of time found necessary to ensure the findings in Rh
'l 14.11.3 through 14.11.6 and that the institutional control meets the requirements of 14.28; and 14.11.9 The financial or surety arrangement meets the requirements of this part.
RH 14.12 Conditions of Licensure.
14.12.1 A license issued under these regulations for the purpose of near-
_ surface land disposal of low-level radioactive wastes, or any right thereunder, may be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily,' directly or indirectly, through transfer of control of the license to any person, only if the Department finds, after securing full 1
information, that the transfer is in accordance with the provisions of the Act and gives its consent in writing in the form
)
.'N of a license amendment.
i 14.12.2 The license will be terminated only on the full implementation of the final closure plan as approved by the Department, including j
postclosure observation and maintenance.
14.12.3 The licensee shall be subject to the provisions of the Act now or hereafter in effect, and to all rules, regulations, and orders of the Department. The terms and conditions of the license are subject to amendment, revision, or modification, by reason of I
amendments to, or by reason of rules, regulations, and orders issued in accordance with the terms of the Act.
14.12.4 Each person licensed by the Department pursuant to the reg &lations in this part shall confine possession and use of materials to the locations and purposes authorized in the license.
14.12.5 The licensee shall not dispose of waste unt.il the Department has inspected the land disposal facility and has found it to be in conformance with the description, design, and construction described in the application for a license.
I 14 - 9 December 30, 1985
14.12.6 The Department may incorporate in any license at the time of issuance, or thereafter, by appropriate rule, regulation or order, additional requirements and conditions with respect to the
- licensee's receipt, possession, and disposal of waste as it deems appropriate or necessary in order to:
14.12.6.1 Protect' health or to minimize danger to life or property; 14.12.6.2 Require reports and the keeping of records, and to provide for inspections of activities under the license that may be necessary or appropriate to effectuate the purposes of the Act and regulations thereunder.
14.12.7
' The authority to dispose of wastes expires on the date stated in the license. Any expiration date on a license applied only to the above ground activities and to the authority to dispose of waste.
Failure to renew the license shall not relieve the licensee of responsittiity-for carrying out-site closurei postelosure--
observation and transfer of the license to the site owner.
RH 14.13 Aeolication for Renewal or Closure.
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14.13.1 An application for renewal, or an application for closurg under RH 14 must be filed at least ene year prior to license expiration.
14.13.2
' Applications for renewal of a license must be filed in accordance with RH 14.5 through 14.10.
Applications for closure must be filed in accordance with RH 14.14.
Information contained in previous applications, statements or reports filed with the Department under the license may be incorporate by reference if the references are clear and specific.
14.13.3 In any case in which a licensee has filed an application in proper form for renewal of a license, the license does not expire until the Department has taken final action on the application for renewal.
14.13.4 In determining whether a license will be renewed, the Department will apply the criteria set forth in RH 14.11.
RH 14.14 Contents of Apolication for Site Closure and Stabilization.
14.14.1 Prior to final closure of the disposal site, or as otherwise directed by the Department, the applicant shall submit an,
application to amend the license for closure. This closure application shall include a final revision and specific details of the disposal site closure plan included as part of the license application submitted under RH 14.7.8 that includes each of the following:
14.14.1.1 Any additional geologic, hydrologic, or other data pertinent to the long-term containment of emplaced wastes obtained during the operational period.
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1 14 - 10 i
O1 December 30, 1985 l
l f-x 14.14.1.2 The results of tests, experiments, or any other analyses
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)i relating to backfill of excavated areas, closure and
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sealing, waste migration and interaction with emplacement media, or any other tests, experiments, or analysis 4
pertinent to the long-term containment of emplaced waste within the disposal site.
14.14.1.3 Any proposed revision of plans for:
14.14.1.3.1 Decontamination and/or' dismantlement of surface facilities; 14.14.1.3.2 Backfilling of excavated areas; or j
14.14.1 3.'3 Stabilization of the disposal site f,or post closure care.
14.14.1.4 Any significant-new-information<regarding the' environmental impact of closure activities and long-term performance of the disposal site.
Uponreviewandconsideration.ofanapplicationtoameN$the 14.14.2 license for closure submitted in accordance with RH 14.14.1, the i
Department shall issue an amendment authorizing closure if there is reasonable assurance that the long-term performance objectives
" of this part will be met.
RH 14.15 Post-Closure Observation and Maintenance. The licensee shall observe, monitor, and carry out necessary maintenance and repairs at the disposal site until the site closure is complete and the license is transferred by the Department in accordance with RH 2
/'~h 14.16.
Responsibility for the disposal site must be maintained by
(\\_e) the licensee for 5 years following closure. A shorter or longer time period for post-closure observation and maintenance may be established and approved as part of the site closure plan, based on site-specific conditions.
RH 14.16 Transfer of License. Following closure and the period of post-closure observation and maintenance, the licensee may apply for an amendment to transfer the license to the disposal site owner.
The license shall be transferred when the Department finds:
14.16.1 That the closure of the disposal site has been made in conformance with the licensee's disposal site closure plan, as amended'and
. approved as part of the license; 14.16.2 That reasonable assurance has been provided by the licensee that the performance objectives of this part are met; 14.16.3 That any funds and necessary records for care will be transferred to the disposal site owner; 14.16.4 That the post-closure monitoring program is operational for implementation by the disposal site owner; and 14 - 11
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December 30, 1985
14.16.5 That the federal or state agency which will assume responsibility for institutional control of the disposal site is prepared to assume responsibility and ensure that the institutional requirements found necessary under RH 14.11.8 will be met.
RH 14.17 Termination of License.
14.17.1 Following any period of institutional control needed to meet the requirements found necessary under RH 14.11, the licensee may apply for an amendment to terminate the license.
14.17.2 This application will be reviewed in accordance with the provisions of RH 3.8 of these regulations.
14.17.3 A license shall be terminated only when the Depa,rtment finds:
14.17.3.1 That the institutional control requirements found necessary under RH-14c11,8-have been metr-14.17.3.2 That any additional requirements resulting from new information developed during the institutional eporg;yol period have been met; and
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14.17.3.3 That permanent monuments or markers warning against intrusion have been installed.
Performance Objectives RH 14.18 General Recuirement.
Land disposal facilities shall be sited, designed, operated, closed, and controlled after closure so that reasonable assurance exists that exposures to individuals are within the requirements established in the performance objectives in RH 14.19 through 14.22.
RH 14.19 Protection of the General Population from Releases of Eadioactivity. Concentrations of radioactive material which may be released to the general environment in ground water, surface water, air, soil, plants, or animals shall not result in an annual dose exceeding an equivalent of 25 millirems (0.25 mSv) to the thyroid, and 25 millirems-(0.25 mSv) to any other organ of any member of the public.
Reasonable effort should be made to maintain releases of radioactivity in effluents to the general environment as low as is reasonably achievable.
RH 14.20 Protection of Individuals from Inadvertent Intrusion. Design, operation, and closure of the land disposal facility shall ensure protection of any individual inadvertently intruding into the disposal site and occupying the site or contacting the waste at any time after active institutional controls over the disposal site are removed.
14 - 12 De7 ember 30, 1985
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RH 14.21 Protection of Individuals Durino Ooerations. Operations at the
['~%)
land disposal facility shall be conducted in compliance with the
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standards for radiation protection set out in Part IV of these l
regulations, except for releases of radioactivity in effluents from the land disposal facility, which shall be governed by RH i
14.19.
Every reasonable effort should be made to maintain l
radiation exposures as low as is reasonably achievable.
RH 14.22 Stability of the Disposal Site After Closure. The disposal facility shall be sited, designed, used, operated, and closed to l
achieve long-term stability of the disposal site and to eliminate, to the extent practicable, the need for ongoing active maintenance of the disposal site following closure so that only surveillance, monitoring, or minor custodial care are required.
Technical Requirements for Land Disposal Facilities RH 14.23 Discosal Site-Sui-tabildtv.Reeuiremente~for-Land DisposaI. - -
14.23.1 Disposal Site Suitability for Near-Surface Disposal. The primary emphasis in near-surface disposal site suitability is gigen to isolation of wastes, and to the disposal site features that ensure that the long-term performance objectives are met.
14.23.1.1 The disposal site shall be capable of being characterized, modeled, analyzed and monitored.
14.23.1.2 Within the region where the facility is to be located, a disposal site should be selected so that projected,
population growth and future developments are not likely to affect the ability of the disposal facility to meet the
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performance objectives of this part.
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14.23.1.3 Areas shall be avoided having known natural resources which, if exploited, would result in failure to meet the performance objectives of this part.
14.23.1.4
'The disposal site shall be generally well drained and free of areas of flooding or frequent ponding. Waste disposal shall not take place in a 100-year flood plain, coastal high-hazard area or wetland, as defined in Executive Order 1988, " Flood plain Management Guidelines."
14.23.1.5 Upstream drainage areas shall be minimized to decrease the amount of runoff which could erode or inundate waste ^
disposal units.
14.23.1.6 The disposal site shall provide sufficient depth to the water table that ground water intrusion, perennial or otherwise, into the waste will not occur. The Department will consider an exception to the requirement to allow disposal below the water table if it can be conclusively shown that disposal site characteristics will result in molecular diffusion being the predominant means of radionuclide movement and the rate of movement will result in the performance objectives being met.
In'no case will waste disposal be permitted in the zone of fluctuation of the water table.
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December 30, 1985 t
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l 14.23.1.7 The hydrogeologie unit used for disposal shall not discharge ground water to the surface within the disposal site.
14.23.1.8 Areas shall be avoided where tectonic processes such as faulting, folding, seismic activity, or vulcanism may occur with auch frequency and extent to significantly affect the ability of the disposal site to meet the performance objectives of this part or may preclude defensible modeling and prediction of long-term impacts.
14.23.1.9 Area shall be avoided where surface geologic processes such as mass wasting, erosion, slumping, landsliding, or weathering occur with such frequency and extent to significantly affect the ability of the disposal site to meet the performance objectives of this part, or may preclude defensible modeling and prediction of long-term impacts.
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14.23.1.10 The disposal site must not be located where nearby facilities or activities could adversely impact the ability of the site to meet the performance objectives qi.g.his part or significantly mask the environmental monitoring program.
14.23.2 Reserved RH 14.24
' Disposal Site Desian for Land Disposal.
14.24.1 Disposal Site Desien for Near-Surface Disposal.
1 14.24.1.1 Site design features shall be directed toward long-term isolation and avoidance of the need for continuing active maintenance after site closure.
14.24.1.2 The disposal site design and operation shall be compatible with the disposal site closure and stabilization plan and lead to disposal site closure provides reasonable assurance that the performance objectives will be met.
14.24.1.3 The disposal site sha*.1 be designed to complement and improve, where appropriate, the ability of the disposal site's natural characteristics to assure that the performance objectives will be met.
14.24.1.4 Covers shall be designed to minimize to the extent practicable water infiltration, to direct percolating or surface water away from the disposed waste, and to resist depredation by surface geologic processes and biotic activity.
14.24.1.5 Surface features shall direct surface water drainage away from disposal units at velocities and gradients which will not result in erosion that will require ongoing active maintenance in the future.
14 - 14 December 30, 1985
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<-~x 14.24.1.6 The disposal site shall be designed to minimize to the
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1 extent practicable the contact of water with waste during
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storage, the contact of standing water with waste during disposal, and the contact of percolating or standing water with wastes after disposal.
14.24.2 Reserved RH 14.25 Land Discosal Facility Operation and Disposal Site Closure.
14.25.1 Eear-Surface Disposal Facility Ooeration and Disposal Site closure.
14.25.1.1 Wastes designated as Class A pursuant to Part 4, Appendix E of these regulations shall be segregated from other wastes by placing in disposal units which are,sufficiently separated from disposal units for the other waste classes so that. any intamH e hetweerLClass.. A. wastes.and.other. wastes will not result in the failure to meet the performance objectives of this part.
This segregation is not necessary for Class A wastos if they meet the stability re,q drements in Part 4, Appendix E, II(b) of these regulations.
14.25.1.2 Wastes designated as Class C pursuant to Part 4, Appendix E, of these regulations shall be disposed of so that the top of the waste is a minimum of sixteen feet (5 meters) below -the top surface of the cover or must be disposed of with intruder barriers that are designed to protect against an inadvertent intrusion for at least 500 years.
14.25.1.3 Except as provided in RH 14.25.1.12 only waste classified as
/N Class A, B, or C shall be acceptable for near-surface
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j disposal. All waste shall be disposed of in accordance with Ns/
requirements of RH 14.25.1.4 through 14.25.1.11.
14.25.1.4 Wastes shall be emplaced in a mannar that maintains the package integrity during emplacement, minimizes the void spaces between packages, and permits the void spaces to be filled.
14.25.1.5 Void spaces between waste package shall be filled with earth or other material to reduce future subsidence within the fill.
l 14.25.1.6 waste shall be placed and covered in a manner that limits the radiation dose rate at the surface of the cover to levels that at a minimum will permit the licensee to comply with all provisions of RH 4.15.2.2 of these regulations at the time the license is transferred pursuant to RH 14.16.
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January 1, 1994
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s 14.25.1.7 The boundaries and locations of each disposal unit shall be accurately located and mapped by means of a land survey.
Near-surface disposal units shall be marked in such a way that the boundaries of each unit can be early defined.
Three permanent survey marker control points, referenced to United States Geological Survey (USGS) or National Geodetic Survey (NGS) survey control stations, shall be established on the site to facilities surveys.
The USGS or NGS control i
stations shall provide horizontal and vertical controls as checked against USGS or NGS record files.
14.25.1.8 A buffer zone of land shall be maintained between any buried waste and the disposal site boundary and beneath the disposal waste. The buffer zone shall be of adequate dimensions to carry out environmental monitoring activities specified in RH 14.26.4 and take mitigative measure if needed.
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14.25.1.9 Closure and stabilization measures as set forth in the approval site closure plan shall be carried out as each disposal unit is filled and' covered.
.. w; 14.25.1.10 Active waste disposal operations shall not have arn advarse effect on completed closure and stabilization measures.
14.25.1.11" Only wastes containing or contaminated with radioaccive material shall be disposal of a the disposal sice.
i 14.25.1.12 Proposals for disposal of waste that is not generally I
acceptable'for near-surface disposal because the waste form i
and disposal methods must be different, and in general more stringent than those specified for class c waste may be submitted to the Department for approval.
14.25.2 Reserved i
RH 14.26 Environmental Monitorine.
14.26.1 At the time a license application is submitted, the applicant i
shall have conducted a preoperational monitoring program to j
provide basic environmental data on the disposal site characteristics.
The applicant shall obtain information about the l
ecology, meteorology, climate, hydrology, geology, geochemistry, and seismology of the disposal site.
For those characteristics that are subject to seasonal variation, data must cover at least a
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twelve month period.
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14.26.2 During the land disposal facility site construction and operation, the licensee shall maintain an environmental monitoring program.
Measurements and observations must be made and recorded to provide data to evaluate the potential health and environmental impacts during both the construction and the operation of the facility and l
to enable the evaluation of long-term effects and the need for mitigative measures. The monitoring system must be capable of providing' early warning of releases of waste from the disposal j
site before they leave the site boundary.
i 14 - 16 December 30, 1985 I
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14.26.3 After the disposal site is closed, the licensee responsible for (v}j l
post-operational surveillance of the, disposal site shall maintain i
a monitoring system based on the operating history and the closure l
and stabilization of the' disposal site. The monitoring system l
must be capable of providing early warning of releases of waste i
from the disposal site before they leave the site boundary.
14.26.4 The licensee shall have plans for taking corrective measures if l
the environmental monitoring program detects migration of waste l
which would indicate that the performance objectives may not be met.
RH 14.27 Alternative Recuirements for Desien and Operations.
The-
_ Department may, upon request or on its own initiative, authorize l
provision other than those set forth in RH 14.24 through 14.26 for the segregation and disposal of waste and for the design and operation of a land disposal facility on a specific basis, if it finds reascinable"assnianc'e 6f Yomp11 arses with' t!fe performance objectives of this part.
l RH 14.28 Institutional Recuirements.
a.6L 14.28.1 Land ownershin. Disposal of waste received from other persons may be permitted only on land owned in fee by the federal or a state
.. government.
14.28.2 In.stitutional control. The land owner or custodial agency shall!
conduct an institutional control program to physically control access to the disposal site following transfer or control of the disposal site from the disposal site operator. The institutional l /-s\\
conducting an environmental monitoring program at the disposal control program shall also include, but not be limited to, I ( _,)
site, periodic surveillance, minor custodial and other requirements as determined by the Department; and administration of funds to cover the costs for these activities. The period of controls will be determined by the Department, but controls may not be relied upon for more than 100 years following transfer of control of the disposal site to the owner.
RH 14.29 Alternative'Recuirements for Waste Classification and Characteristics. The Department may, upon request or on its own initiative, authorize other provisions for the classification and characteristics of waste on a specific basis, if, after evaluation of the specific characteristics of the waste, disposal site, method of disposal, it finds reasonable assurance of compliance with the performance objectives specified in this part.
Financial Assurances RH 14.30 Aeolicant Oualifications and Assurances.
Each applicant shall-show that it either possesses the necessary funds or has reasonable assurance of obtaining the necessary funds, or by a i
i combination of the two, to cover the estimated costs of conducting all licensed activities over the planned operating life of the project, including costs construction and disposal.
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December 30, 1985 l
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RH 14.31 Pundino for Disposal Site Closure and Elabilization.
14.31.1 The applicant shall provide assurance prior to the commencement of operations that sufficient funds will be available to carry out disposal site closure and stabilization, including: (1) decontamination or dismantlement of land disposal facility structures; and (2) closure and stabilization of the disposal site os that following transfer of the disposal site to the site owner, the need for ongoing active maintenance is eliminated to the extent practicable and only minor custodial care, surveillance, and monitoring are required. These assurance shall be based on Department-approved cost estimates reflecting the Department-approved plan for disposal site closure and stabilization. The applicant's cost estimates must take into account total costs that would be incurred if an independent contractor were hired to perform the closure and stabilization work.
I 14.31.2 In order to avoid unnecessary duplication and expense, the Department will accept financial sureties that have been j
consolidated with earmarked financial or surety arrangemgats established to meet requirements of federal or otner state agencies for such decontamination, closure and stabilization.
The Department will accept these arrangements only if they are
_ considered adequate to satisfy the requirements of RH 14.31 and that the portion of the surety which covers the closure of the disposal site is clearly identified and committed for use in accomplishing.these activities.
14.31.3 The licensee's financial surety arrangement shall be submitted annually for review by the Department to assure that sufficient funds will be available for completion of the closure plan.
14.31.4 The amount of the licensee's financial surety arrangement shall change in accordance with changes in predicted costs of closure and stabilization.
Factors affecting closure and stabilization cost estimates include:
inflation, increase in the amount of disturbed land, changes in engineering plans, closure and stabilization that has already been accomplished, and any other conditions affecting costs. The financial or surety arrangement shall be sufficient at all times to cover the costs of closure and stabilization of the disposal units that are expected to be used before the next license renewal.
14.31.5 The financial or surety arrangement shall be written for a specified period of time and shall be automatically renewal unless the person who issues the surety notifies the Department, the beneficiary (the site owner), and the principal (the licensee) not less than 90 days prior to the renewal date of its intention not to renew.
In such a situation the licensee must submit a replacement surety within 30 days after notification of cancellation.
If the licensee fails to provide a replacement acceptable to the Department, the beneficiary may collect on the original, surety arrangement.
14 - 18 December 30, 1985
a
(
/'~N 14.31.6 Proof of forfeiture shall not be necessary to collect the surety l i
)
so that in the event the licensee could not provide an acceptable
\\.s_,/
replacement surety within the required time, the surety shall be j
automatically collected prior to its expiration.
the conditions i
described above shall be clearly stated on any surety instrument.
14.31.7 Financial or surety arrangements generally acceptable to the Department include: surety bonds, cash deposits, certificates of l
deposit, deposits of government securities, escrow accounts, l
irrevocable letters or lines of credit, trust funds, and l
combinations of the above or such other types of arrangements as may be approved by the Department. Self-insurance, or any arrangement which essentially constitutes self-insurance shall not
, satisfy the surety requirement for private sector applicant.
14.31.8 The licensee's financial surety arrangement sha?.i remain in effect i
until the closure and stabilization program has been completed and approved by the Department, and the license has been transferred l
to the site owner.
I RH'14.3?
Financial Assurances for Institutional Controls.
14.32.1 Prior to the issuance of the license, the applicant shall provide a binding arrangement for Department approval, between the applicant and the disposal site owner that ensures that sufficient funds will be available to cover the costs of monitoring and any required maintenance during the institutional control period. The binding arrangement shall be reviewed annually by the Department to ensure that changes in inflation, technology, and disposal facility operations are reflected in the arrangements.
~
/,- xT 14.32.2 Subsequent changes to the binding arrangement specified in RH
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)
14.32.1 relevant to institutional control shall have prior approval by the Department.
I Records, Reports, Tests, and Inspections RH 14.33 Maintenance of Records, Reports, and Transfers.
14.33.1 Each licensee shall maintain any records and make any reports in connection with the licensed activities as may be required by the conditions of the license or by the rules, regulations, and orders of the Department.
14.33.2 Records which are required by these regulations or by license conditions shall be maintained for a period specified by the appropriate regulations or by license condition.
If a retention period is not otherwise specified, these records must be maintained and transferred to the officials specified in RH 14.33.4 as a condition of license termination unless the Department otherwise authorizes their disposition.
14.33.3 Records which shall be maintained pursuant to this part may be the original or a reproduced copy or microfilm if this reproduced copy or microfilm is capable of producing copy that is clear and legible at the end of the required retention period.
I I
l 14 - 19
\\
}
V December 30, 1985
s 14.33.4 Notwithstanding RH 14.33.1 through 14.33.3, copies of records of the location and the quantity of wastes contained in the disposal site must be transferred upon license termination to the chief executive of the nearest municipality, the chief executive of the county in which the facility is located, the county zoning board or land development and planning agency, the state governor and other local, state and federal governmental agencies as designated
.by the Department at the time of license termination.
14.33.5 Following receipt and acceptance of a shipment of radioactive waste, the licensee shall record the date that the shipment is received at the disposal facility, the date of disposal of the
'3 4 waste, a traceable shipment manifest number, a description of any s
t. ;, :)
engineered barrier or structural overpack provided for the t(e
, disposal of the waste, the location of disposal at the disposal i
O' pj
' site, the containment integrity of the waste disposal containers as received, any discrepancies between materials listed on the
- h(g*
manifest and those received, the volume of any pallets, bracing, or other shipping or onsite generated materials that are E,
contaminated, and are disposed of as contaminated or suspect l
materials, and any evidence of leaking or damaged disposal j
containers or radiation or contamination levels in excess of
\\
limits specified in the U.S.
Department of Transportation and Department regulations.
The licensee shall briefly describe any repackaging operations of any of the disposal containers included j
.in the shipment, plus any other information required by the Department as a license condition.
The licensee shall retain
(
these records in accordance with RH 3.15.4 until the license that authorizes the activities described in this section is transferred ss,N or terminated.
14.33.6 Each licensee authorized to dispose of waste received from other persons shall file a copy of its financial report or a certified financial statement annually with the Department in order to update the information base for determining financial qualifications.
14.33.7 Annual Reports.
14.33.7.1 Each licensee authorized to dispose of waste received from other persons, pursuant to this part, shall submit annual
. reports to the Department.
Reports shall be submitted by the end of the first calendar quarter of each year for the preceding year.
14.33.7.2 The reports shall include:
14.33.7.2.1 Specification of the quantity of each of the principal contaminants released to unrestricted areas in liquid and in airborne effluents during the preceding year, 14.33.7.2.2 the results of the environmental monitoring program, 14.33.7.2.3 a summary of licensee disposal unit survey and maintenance activities, 14.33.7.2.4 a summary, by waste class, of activities and quantities of radionuclides disposed of, 14 - 20 January 1, 1997
l ls*.,.
i i
4 14.33.7.2.5 any instances in which observed site characteristics s
l
\\
were significantly different from those described in.
4
%s.)
the application for a license, and 14.33.7.2.6 any other information the Department may require.
l 14.33.7.2.7 If the quantities of waste released during the reporting period, t.cnitoring results, or maintenance performed are significantly different from those predicted, the report must cover this specifically.
L 14.33.8 In addition to the other requirements of this section, the licensee shall store, or have stored, manifest and other fG[< $g information pertaining to receipt and disposal of radioactive p
. waste in an electronic recordkeeping system.
14.33.8.1 The manifest information that must be electronically stored is:
'14133.B.1.1 That required in Appendix G of Part 4, with the exception of shipper and carrier telephone numbers and shipper and consignee certifications; 14.33.8 1.2 That information required in RR 14.33.5.
l As specified in facility license conditions, the licensee 14.33.8.2 l
shall report the stored information, or subsets of this i
information, on a computer readable medium.
t
\\
{
RH 14.34 Tests on Land Disposal Facilities.
Each licensee shall perform, or permit the Department to perform, any tests the Department f""s deems appropriate or necessary for the administration of the 1
regulations in this part, includ,ing, but r.ot limited to, tests of:
14.34.1 Wastes; 14.34.2 Facilities used for the receipt, storage, treatment, handling or disposal of wastes; j
14.34.3 Radiation detection and monitoring instruments; and 14.34.4 other equipment and devices used in connection with the receipt, possession, handling, treatment, storage, or disposal of waste.
i I
RH 14.35 Acency Inspections of Land Discosal Facilities.
14.35.1 Each licensee shall afford to the Department at all reasonable times opportunity to inspect radioactive waste not yet disposed of, and the premises, equipment, operations, and facilities in which wastes are received, possessed, handled, treated, stored, or disposed.
14.35.2 Each licensee shall make available to the Department for inspection, upon reasonable notice, records kept by it pursuant to these' regulations. Authorized representatives of the Department may copy and take away copies of, for the Department's use, any record required to be kept pursuant to these regulations.
14 - 21
\\
L January 1, 1997 i
g
~
j ir UNITED STATES NUCLEAR RECULATORY C2MMISSION RULES and REGULATIONS TITLE 10. CHAPTER 1. CODE OF FEDERAL REGULATIONS - ENERGY PART 61 LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE Subpert A-Generel Provisions Subpert C-.-Perferoience Objectives Sebpert G-.Seeerds, Sepeats, fests, and Sec.
61.40 Generst requirement.
bspoolens 81.1 Purpose and scope.
61.41 Protecuon of the general population 61.00 Maintenance of records. reports, and
-81.2 Defintuons, from retennes of radioactivity.
transfers.
61.3 License required.
61.42 Protection of Individuals from Anati.
61.01 Testa at land disposal facilities.
61.4 Communications.
vertent intrusion.
61.02 Comminston inspecuons of land dis-61.5 Interpretations.
61.43 Protection of Individuals during oper-posal facillues.
61.6 F.semptions.
ations.
61.03 Vloistions.
61.7 Concepta.
61.44 Stab!!!Ly of the disposal site after clo-61.84 Cnmmal penaltiet
$1.6 Informat. ion collection requiremenw sure.
ChtB approval.
61.5 Dnployee protection.
Subpert D-foshaleel 6: _
_- for Land 61.9s Completeness and accuracy of infor.
04sposalP h Ambeetey: Sect $3. 57. 02. 63. 65. S t.161.
162.163. 64 Stat. 930. 932. 633. 935. 946 61.9 De b --d a 61.5,0 Disposal site suitability requirementa et,3. 954. as amended (42 US.C 2073. 2077, o, land dis,oasi.
s = 2. = 3. = 5. u it. = i. u n. n 3 a.
61.61 Disposal site design for land disposal. Z secs. 202. 206,60 Stat.1244,1246. (42 U.S.C 61.52 land disposal facility operation and j 5642. 5646h secs: 10 and 14. Pub. t.95-601.
Sebpert 5-11eenses disposal site closure.
p 92 Stat. 2951 [42 U.S.C 2021e and 5651) and 61.53 Environmental monitoring.
3 Pub.1 102-486. esc. 2902,106 Stat. 3123, 61.10 Content of application.
61.54 Alternative requirementa for design (42 U.S.C 5651).
61.11 Generalinformation.
and operations.
61.12 Specific technicalinformation.
61.55 Waste classification.
61.13 Technical analyses.
61.56 Waste characteristice.
61.14 Institutionalinformation.
61.57 labeling.
Subpar *. A-SeneralProwlelens 61.15 Ptnanc't.1 informauon-61.56 Alternative requirements for waste 81.16 Otherinformation.
classification and characteristics.
I 61.1 %se an6 esape.
61.20 Piling and distribution of application. 61.59 Institutional requirementa.
W es(tab!!sh. for land disposal ofa)The regulatione in this 61.21 rumination of repetition.
61.22 Updating of application.
Subpert E-Finansiel Assurenees
$ redjoective waste, the procedurse.
6173 Standards for lasuance of a license, 61.24 Conditions of licennes.
61.61 Applicant r,.. Mfications and nasur. c: criteria, and terms and conditions upon
' which the Commiselon issues licensee 81.25 Changes, ances.
4 61.36 Amendment oflicense.
61.82 Punding ici disposal site closure and for the disposal of radioactive westee 81.27 Applicauon for renewal or closure.
stabilization.
containing byproduct, pource and 61.26 Contents of application 1.it closure.
61.63 P1nancial masurances for institutional special nuclear material received from 61.26 Post. closure observation and mainte-controls.
other persons. Disposal of weste by an
- nance, individuallicensee is set forth in Par 130 61.30 Transfer of license.
81.31 Termination of license.
Subpert F-.PossipeHen by State Seve of this chapter. Applf ebility of the end indien Tribes 61.70 Scope.
61.71 State and Triba3 tovernment consul.
tation.
61.72 Piling of proposals for State and Triba3 participauon.
61.73 Commission approval of proposals.
61 1 September 29,1995
PART 61 e LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE requirements in this Part to Commission
- Chelating agent" means amine
- Hydrogeologic unit" means any soll bcenses for waste disposal facilities in carboxyuc acids (e s.. FIyTA.
or rock unit or zone which by virtue of effect on the effective date of thje rule A). hydroxy carboxylic acida. and its porosity or permeability, or lack will be determined on a case-by case ploycarboxylic acids (e.g., citric acid, thereof, has a distinct influence on the besia and implemented through terma carbohc acid, and glucinic acid).
etorage or movement of groundwater, and conditions of the license or by
" Commencement of construction"
" Inadvertent intruder" means e orders issued by the Commission.
means any clearing ofland, excavation, person who might occupy the disposal (b) Except as provided in Part MO of or other substantial acuco that would site after closure and enasse in normal this chapter, which oddresses adversely affect the environment of a activities, such as agriculture, dweihng assumption of certain regulatory land disposal facihty.h term does not construction, or other pursuits in which authority by Agreement States, and mean disposal site exploration,
. the person might be ura.nowingly I e1.6 " Exemptions." the replations in necessary roads for esposa! site
- exposed to radiation from the weste.
this part apply to a!! penone in the exploradon. borings to determine 7'
%dian Tribe" means an Iridian tribe United States The regulations in this foundation conditions. or other
! as defined in the Indian Self.
art do not apply to (1) disposal of high-precor.struction monJtoring or testing to. Determination and Education
[ esel waste as provided for in Part 60 of establish background information
" Assistance Act (25 U.S.C. 450).
. this chapter:[2] &sposal of uranium or related to the sujtability of the disposal
%truder barrier" means a sumcient
! thorium tellings or wastes (byproduct site or the protection of environmental depth of cover over the waste that material as defined in 140 4(e-1)) es values.
Inhibus contact with wasts and helps to
- provided for in Part 40 of this chapter in
" Commission" means the Nuclear ensure that radiation e osures to an quantities greater than 10.000 kilograma Regulatory Commluton or its duly inadvertent intruder meet the and containing more than Bye (
suthorized representatives.
performance objecthes set forth in this milbcurin of redium.226. or (3 sposal
- Custodia! Agency" means an agency part, or engineered structures that of hcensed material as provided for in of the government designated to act on provide equivalent protection to the Part 20 of this chapter.
behalf of the government owner of the inadvertent ictruder, dieposal alta.
m_
- Director" means the Director, Omca of Nuclear Material Safety and (c) This part also gn es notice to all
, Safeguards. U. S. Nuclear Regulatory land disposalfcreility means the land, persons who knowingly provide to any
- Commission.
buildings and structures, and equipment hcensee, contractor, or subcontractor.
'Dsposal" means the isolation of which are intended to be used for the e rs&oacthe wastes from the biosphers disposal of radioactive wastes. For
} components. equipment. materials. or
, other goods or services. that relate to a
{
ab ed by a d co tein]
s j
g g purposes of this che ter, a " geologic l
c bcensee a activities subject to this part.
dI'P"d facih'I
= T'Posito ' as defin d in part 60 is not 1
" that they may be individually subject to
- considere a " land disposal facility."
NRC enforcement action for violation of "Di8posa! ehe" means that portion of
{_.
l 61'9b' a land disposal facihty which le used for i
I disposal of waste. It consists of disposal units and a buffer sons.
"Ucenu" means a licenn inued
~
" Disposal unit" means a discrete under the regulations in Part et rf this i
portion of the &sposal ette into which chapter. "Ucensee" means the holder of I
westa is placed for esposal For near suchabcense.
l81J Definmons-surface &sposal the unit la usually a
" Monitoring" means observing and As used in this part
- trench, e rnaking measurements to provide data to "Acuve maintenance" means any
" Engineered barrier" means a man.
j evaluate the performance and significant remedial activity needed made structure or device that is e characteristics of the disposal alte.
dunns the penod of institutional control intended to improve the land disposal E "Near surface &sposal facility" to maintain a reasonable enurance that facihty's atihty to meet the performance g means e land disposel facibty in which the performance objectives in il 81.41 objectives in Sabpan C radioactive waste is disposed of in or and 8142 are met. Such active
" Explosive materia!" means wnhin the upper 30 meters of the earWe 8 "'I' C8 -
maintenance includes ongoing activttles chemical compound, mixture, or vice,
, such as the pumping and treatment of which produces e substantial
= water from o disposal unit or one time instantaneous relesse of gas and heat
$ measures such as replacement of a spontaneously or by contact with sparks
" Person" means (1) any indmdual.
g deposal unit cover. Active malntenance or gam,,
corporation. partnership. farm.
7 does not include custo&al activities
" Government agency" means any association. trust estate. pubhc or such as repair of fencing. repair or executive department, commisslor.,
pnvate institution, group. government v
replacement of reonitonna equipment, independent establishment, or agency other than the Commission or revegetation, minor editions to so!!
corporeuon, wholly or partly owned by the Department of Enerry (except that cover, minor repair of disposal unit the UnJted States of America which la the Department of Energy is considered covers, and general &sposal site upkeep an instrumentahty of the United States; a person within the meaning of the
'",ch as mowsng grass.
or any board bureau, division, service, g regulations in this part to the extent that Buffer zone is e portion o e omce, omcer, authority, edministration, its facilities and actmties are sub ect to i
disposal site that is controlled by e
or other estabushment la the executive the I censing and related regulatory bcensee and t -at hes under the espos un is and be een
& osal units bronch of the government.
E euthonty of the Commission pursuant to
" Hazardous weste" means those y lawl, any State or any po;tical
"" "'I westes designated as besardous by subdmsion of or any pohtical entity Environmental Protection Agency wchin a State, any foreign government regulatione in 40 CFR Part 381.
or nation or any pobtical subdivision of l
any such government or nation. or other i
ent:ty: and (2) ariy legal successor.
(
representathe, agent, or agency of the l
foregoing l
l 1
1 September 29,1995 61-2
61.2 61.7(a)
PART 61 o LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE i
that Ip.a b ne.as e.y n id i.u co u.e,.en
..u ceries,m.
iltes spontaneously la dry er F.u ept where otherwise s,aacified all (a) & disposalfocility. (1) Part 61 is i
moist air et er below 130'F (84.8'C). A
- ommunications and reports concerning intended to apply to land disposal of i
pyrophorte cohd le any eehd motorial the regulations in this pe;t and radioactive weste and not to other i
esber than one cleans as an explosive-oppheations filed under them should be methode such as ese or extreterrestrial which under normal conditiene le hable
- e. eddressed to the Director. Office of disposal. Part 81 containe procedural I
to seuse fires through fricson. stained
- Nuclear Meterial Safety and St,feguards, remente and rformance
$ U.S. Nuclear Regulatory Cornmission.
ob vee applice to any method of r
heet from manufacturing er.c er which can be ignited ree&ly and E Weshington.DC20m.
d die L It containe speci8e when lenited burns so._,; and 2 Communicetions,erpurts.and technica requiremente for near surface perelatently as to create a serieme opphcotions may be delivered in person disposal of radioactive waste, e subset of transporteen. bandhas. er esposal et the Commission's Offices et 2130 L land disposal, which involvu dispoul I
heaard. Includd am opostaasemely Street. NW.. We shington, DC. c.r 11555 E in the uppermost portion of the earth, l
com e and watemect" Rockville Pike. Rockville. Maryland.
3 approximately 30 meters. Near-surface j
disposalincludes disposelin
Site closure and stablisaties" meene those actions that are taken upon enginessed facilities which may be built le ton of operations that prepam totally or Ilyabovegrade rovided j
r the ' poeal site for custodial care and that such litin hm pmt w that eneure that the disposal else wig earthen covers.Near-surface disposal -
remain stable and will not ased eageirg IstJ Interpreeseene, does not include disposal facilities active maintenance.
Except es specificeDy enthodsed by which are partially or fully above grade
" State" means any State. Territory, er the Cosialuton la writing, no with no protective earthen cover, which are referred to as '
und posseeston of the United Statee. Puerto tauon of the meanlag of 6e
[intoons in this part by any olhost er disposal" Burial deeper an 30 metere i
Kico, and the Dietrict of Columbia.
"Stebthty" means structual stabilbey.
employee of the Comaluton o&w &an may alsobe entiefectory. Technical
" Surveillance" meme observaties er a written laterpretation by the General mquimments for ahomenw snethods the disposal alte for purposee of visual Counsel wiu be considered blading upon may be added in the future.
detectica of need for maintenames.
the Comminion.
custodial care, evidence of intruslen.
I' and compliarice with other Deense and letory requirement.
- i ribal Governing Body" means a (R) Near surfeos disposal of
- Tatbal organteadon as densed la b ggia geeni,eens, sodioactive weste takes pleos at a near-
- Inden Self-Deteresinatism and surfeos deposal feduty, which includse N U**"I"I'* "*F pen.
aD of heland and
- Education Anietanes Ast (EB USC.
application by any later'"sted peroom, or e
- aggy, b es m,te i,.,,at,o, on e,.e,ec,ih,, wi.e maste mes u,o. + - w ueum. anuar
,e s oecove.e
. oes iew ie.ei esconiew.se _
. mm,#- ;m,,b -.* ;e-of b woe,e, sed,e,es,osaio was,eand
[*I '** " fif orised by le w te
'di'e~ $'foUeE5" i!. En'ia"'N=*ea""""='t" soneiste of espaal unne and a buSer
[
~d~ T*$'*hYt
$ c
,[poset.Ibeesposalunitle~
a Ibo some meaning as la eslaw4evel Pubbe lahout, surface Weste Policy Act, that le resonotive
{
fa usuaDy a trend. A buffer sono le a weste not rJesehd as high-level E por6en of the espose!Wie thatle reeosctive waste, transwenic weste.
~ eestreRed by the licensee and that lies spent nuclear fuel, or byproduct material andw the dw and between the i
es defined la section tie.(8) of the boundary of b disposal site and any Atomic Energy Act (uranium er therium esposal unit. It provideo controlled
+
talhnge and weste).
space to establish mordtoring locations which are intended to provies an early woming of radionuclide movement, and getJ usense respdrag to take mitigeuve meneeres if moeded. la j
choosing a disposal site. site la o pmen may mong, possess' characteristice should be conaldered in and dispose of rodeactive wesee terms of the indefinite future and osaktning wuros special auchar,w byproduct meterial at a lead disposal
I"d I" "I I'**' ' 880 F U"' _
j I'***-
facility unless authorteed by a boense j
issued by the Comualesion pumeent to this part, or unlese esemption has been granted by the 'a==6 ton under I ets r
of tble part.
(b) Each peroom abaB fue an i
application with the Coenedesion and obtain a license es provided la thle part before comumencing construction of a land disposal facihty.Feuure to 4
with thle requirement may be for denial or a liosame.
61 3 September 29,1995
1 1
4 6L7(b)
PART 61 o LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE (b) Waste Classificot/on andNec3 migration, a maximum disposal site (c) The Licens/ng Process. (1)
Surface Disposal (1) Disposal of inventory based on the characteristics of radioactive waste in rear.eurface the disposal site may be established to the reoperational phase, the potenti app icant goes through a process of disposal facilities has the following limit potential exposure.
disposal site selection by eclecting a safety bjectives:protectionof the (3)It is possible but unlikely that region ofinterest, examining a number gener population from releases of persons might occupy the site in the 6! possible disposal altes within the area radioactivity, protection ofindividuals future and engage in normal pursuits of interest and narrowing the choice to
- from inadvertent intrusion. and without knowing that by were the proposed site. nrough a detailed
{ protection ofindividuals during receiving radiation exposure. These investigation of the disposalsite
, operations. A fourth objective is to persons are referred to as inadvertent characteristics the poteatial applicant ensure stability of the site after closure.
intruders. Protection of such intrudere obtains data on which to base an a
(2) A cornerstone of the systemis can involve two principal controla:
analysis of the die osal site's suitability.
stability-stability of the waste and the institutional control owr the site after Along with these sta and analyses, the disposal site so that once emplaced and operations by the site owner to ensure applicant submits other more general covered, the access of weter to the that no such occupation or improper use information to the Commission in the waste can be minimized. Migration of of the site occurs; or, designating which form of an application for a licenn for radionuclides is thus minimized. long-waste could present an unacceptable land disposal.De Commission's review term active maintenance can be risk to an intruder, and disposing of this of the application is in accordance with evolded, and potential exposures to weste in a manner that provides some administrative procedures established intruders reduced. While stability is a form of intruder barrier that is intended by rule and may involve participation by desirable characteristic for all waste to prevent contact with the waste. nis affected State governments or Indian much radioactive wnote does not regulation incorporates both types of tribes. While the proposed disposal site contain sufficient emounts of protective controls, must be owned by a State or the Federal radionuclides to be of great concern (4)Institational control of access to government before the Commlulen will from these standpoints; this waste, the site is required for up to 100 years.
issue a license. it may be privately however, tends to be unstable, such as
. This pennits the disposal of Clan A and owned during the preoperational phase ordinary trash type wastes. lf mixed
- Class B waste without special
- if suitable arrangements have been with the higher activity waste, their
% provisions for intrusion protection. since 3 made with a State or the Federal deterioration could lead to failure of the 8 these classes of waste confsin types and a government to take ownership in fee of system and permit water to penetr,ite
- pantitin of radioisotopes thatwill
' the land before the license is inued.
the disposal unit and cause problems
- decay during the tog year period and
- (2) During the operational phase, the with the higher activity waste.
will present an acceptable hazard to an
!!censee carries out disposal activities in nerefore, in order to avoid placing intruder.ne government landowner accordance with the requirements of requirements for a stable waste form on administering the active institutional this regulation and any conditions on relatively innocuous wasta, these control program has flexibitty in the license. periodically, the authority to wastes have been classed as Class A contro!!1ng site access which may conduct the above ground operations waste. The Class A waste will be include allowing productive uses of the and dispose of waste will be subject to a disposed of in separate disposal units at land provided the integrity and long.
Ifeense renewa!. at which time the the disposal site. However. Class A term perfonnance of the site are not operating history will be reviewed and a waste that is stable may be mixed with
- affected, decision made to permit or deny other classes of waste. nose higher
[5] Waste that wth not de tolevels continued operation. When riisposal activity wastes that should be stable for which present an acceptable to operations are to cease, the licensee proper disposal are classed as Class B an intruder within 100 years is applies for an amendment to his license and C waste. To the extent that it is designated as Class C waste.nis waste to permit site closure. After final review practicable, Class B and C waste forms is disposed of at a greatst de;;h than of the licensee's site closure and or containers should be designed to be the other classes of wasta no that stabilization plan, the Commiss on ruy stable. I e., maintain gross physical subsequent surface activities by en approve the final activities necessary to properties and identity, over 300 years, intruder will not disturb the wasta, prepare the disposal site so that ongoing For certain radionuclides prone to Where site conditions prevent Lye acthe maintenance of the site is not disposal, intruder barriers such as required during the period of concrete covers may be used. The insututional control.
effective life of these intruder barriers (3) During the period when the final should be 500 years. A mnimum alte closure and stabillution activities concentration of radionuchdee is are being carried out, the licensee is in a specified for all wastes so that at the disposal site closure phase. Following end of the 500 year period rema that, for a period of 5 years, the licensee radioactivity wi!! be at a level that oes must remain at the disposal alte for a not pose an unacceptable hazard to an period of post-closure observation and intruder or public health and safety.
maintenance to assure that the disposal Waste with concentrations above these limits is enerally unacceptable for site is stable and ready for institutional near.s ce disposal. Dare may be control.no Commission may approve h
re r
ds if some instances where wasts with conditions warrant. At the end of this concentrations grestor than permitted for Class C would be acceptable for period, the beenue op hn for e Scenu near. surface disposal with special transfer to the disposa site owner.
processing or design.nese will be (4) After a find!ng of satisfactory evaluated on a case-by-case basta. Class disposal site closure, the Commission C waste must also be stable.
will transfer the bcense to the State or September 29,1995 61-4
PART 61 e LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE Federal goverament that owns the
~
gst.s informosoneeliession dispmal site. If the Department of requiremente: Ous approwel.
(1) Providing the Commission or his or Energy is the Federal agency (a)The Nuclear Regulatory her employer information about elleged administering the land on behalf of the Commission has submitted the vi Istions ofeither of the statutes Federal government the license will be information collection frements named in paragraph (alintroductory terminated because the Commission contained in this to e OfBoo of text of the section or possible violations lacks regulatory authority over the Mar.agement and u (OMB) for I 29uirement8 imposed under either of
'h'"'**;
Department for this activity. Under the approval as required the Paperwork condluone of the transferred license, the Reduction Act of1980 (44 U.S.C. 3501 the m
un a re t er 3 owner will carry out a program of et seq.). OMB has e proved the statutes named in paragre h (a) m monitoring to assure continuea information coll on rements introductory text or unde these E satisfactory disposal site performance, E contained in this part un r control y physical surveillance to restrict access
$ number 3150-0135.
requirements if the em o se has identified the alleged i lity to the to the site and carry out minor custodial (b)The approved information employer; activities. During this period, productive collection requirements contained in (iii) Requesting the Commission to uses of the land might be permitted if this part appear in $$ 61.3,61.6,61.9, institute action against his or her those uses do not affect the stability of 61.10,61.11,61.12,61.13,61.14,61.15, amployer for the administration or the slie end its ability to meet the 61.16,61.20,61.22,61.24,61.26,61.27 enforcement of these requirements; performance objectives. At the end of 61.28,61.30,61.31,61.53,61.55,61.57 liv) Testifyi in any Comrnission the prescribed period of institutional 61.58, C1.61, 61.62, 61.63, 61.72, and romeding. or fore Congress, or at any control, the license will be terminated 61.80.
ederal or State proceedin regarding by the Comminion.
~
provision (or propose
""{er of the statutes named inprovision) of sit paragraph (a) introductory text.
(v) Assisting or participating in, or is about to assist or participate in, these 8 activities.
Z (2) These activities are protected evea if no formal proceeding is actually E tuitiated as a result of the ernp!r,yee
$ assistance or participadon.
(3) This section has no application to any ornployee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent),
deliberately causes a violation of any requbement of the Energy Reorganization Act of 1974, as amended,or the Atomic Energy Act of 1954, as amended.
(b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any i
person for engagmg in protected t
activities specified in paragraph (a)(1) of this section may seek a remedy for the l
9 61.0 Employee protecton, discharge or discrimination through an (a) Discrimination by a Commission administrative proceeding in the l
licensee, an applicant for a Commission Department oflabor. The license, or e contractor or subcontractor administrative protmeding mmt be of a Commission licensee or applicant initiated within 160 days after an against an employee for engaging in alleged violation ocrurs. The employee certain protected activities is prohibited.
may do this by fihng a complaint Discrimination includes discharge ac,d alleging the violation with the 8 other actions that relate to Department of Labor. Employment a compensation, terms, conditbns, or Standards Administration, Wege and a
privileges of employment. The protected Hour Division. The Department of Labor E octivities are established in section 211 may order reinstatement, back pay, and i
3 of the Energy Reorganization Act of compensatory damages.
1974, as amerAfed, and in general are (c) A violation of paragraph (a). (e). or related to the administration or (f) of this sectaon by a Commission enforcement of a requirement imposed licensee, an applicant for a Commission under the Atomic Energy Act or the license, or a contractor or subcontractor Energy Reorpnization Act.
of a Commission licensee or applicant (1) The protected activities include may be grounds for-but are not limited to:
(t) Denial, revocation, or suspension of thelicense.
61-5 September 29,1995
PART 61 o LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE (2) Imposition of a civil penalty on the (b) A person who violates paragraph I
licensee or applicant.
i (31 Other enforcement action.
(a)(1) or (a)(2) of this section may be (dl Actions taken by an employer, or subject to enforcement action in others, which adversely affect an accordance with the procedures in to employee may be predicated upon CFR part 2, subpart B.
{ nondiscrirninatory grounds.The (c) For purposes of paragraph (a)(1) of g prohibition applies when the adverse i S t Se Complet*a**e and accuracy et this section, deliberate misconduct by a e cction occurs because the employee h:s intermanen.
person means an intentional act or
- engaged in protected activities. An (s)1nforrnation provided to the
, omission that the person knows:
actfvl
,1) Would cause a licensee to be in mnmissi n by en applicant for a E
(
n utom ta 11 rtnder license r by a licensee or infurmation g violation of any rule, regulation, or him or her immune from disch 8e or requ red by statute or by the order, or arsy term. condition, or d
11 fo 1 mn u n s regulat ns. mders, m limitation, of any license issued by the a er e action ae bY license conditions to 1.e maintained by C [)*i nonprohibited considerations.
the applicant or Ihe licensee shall be C nst tu s a violation of a complete and accurate in al material requirement, procedure, instruction.
~
respects.
contract, purchase order or policy of a
> (e)(1) Each lic ensee and each applicant (bl Each applicant or !icensee shall licensee, contractor, or subcontractor.
for a license shall prominently post the notify the Commission of information revision of NRC Form 3,
- Notice to 3 identified by the applicant arlic.ensee as Employees," referenced in 10 CFR
- havmg for the regulated activity a s$n8f' Cant 8mphcation for public health 19.11(c).This form must be posted at locetions sufficient to permit employees g ",ndeu j appb
'j "e" Subpart B-Usenses y
protected by this section to observe a wolales this paragraph only if the a
copy on the wey to or from thelt lace
~
applicant or hcenser fails to notify the Commission of information that the i st.10 content of appucetion.
fatr n o de fte an a pl cat 8Pplicant or licensee has identified as An apphcation to recrise from o'hers.
ev is docketed and remain osted while the anns a sgn ficaint mplication im possess and dispose of wastes R applicationis ndin b fore the pubhc health and safety or common containing or contammated with sourte
- C urin t e term of the E ommissionlicense, and Ior 30 aYs followin8 defense and security. Notification shall byproduct or special nuclear material in be presideid to the Admmistrator of the
,, land disposal must consist of general e
-e gicanse terminstgon.
appropriate liegional Office within t=o 3 information, specific technical 8 information. institutional informat.on.
workmg days ofidentifying the (2) Copies of NRC Form 3 may be m!urmation. nis requirement is not e and financialinformation as set forth m obtained by writing to the Regional applicable to information a hich is Il 61.11 through 61.16 An Administrator of the appropriate U.S.
.. tread > required to be prm ided to the environrnental report prepared m Nuclear Regulatory Commission Commbsion by other reporting or accordance with Subpart A of part 51 of Regional Office listed in Appendix D to updatmg requ,rernents.
this chapter must accompany the
. ochcation.
~~
a part 20 of this chapter or by calling the
~
l s1,11 General Wormseen, NRC Information and Records Management Branch at (301) 415-7230 l e1.9b Deliberate misconduct.
%e generalinformation must include each of the following-(a) Any licensee or any employee of a (a) Identity of the applicant including-licensee; and any contractor (includmg a (1) The full name, addreas, telephone (f) No agreement affecting the supplier or consultant), subcontractor, or number and description of the businees compensation, terms, conditions, or any employee of a contractor or 9, or occupation of the applicant; g th(2)If the applicantle a partnership, B
privileges of employment, including an subcontractor, of any licensee, who e name, and address of each partner agreement to settle e compleint filed by knowingly provides to any licensee, an employee with the Department of contractor, or subcontractor, g and the principallocation where the
- 1. abor pursuant to section 211 of the components, equipment. materials, or partnership does businese:
g Energy Reorganization Act of1974,as other goods or services, that relate to a
,,U,@,y,p yt b yi
.o g amended, may contain any provision licensee's activities subject to this part; state where it is incorporated oc which would prohibit, restrict, or
, may not; organized and the principallocation otherwise discourage an employee from g
cipating in protected activity as g
(1) Engage in deliberate misconduct where it does business, and (11) the u
that causes or, but for detection, would names and addresses ofits directors e
E have caused, a licensee to be in and principal officere; and o on ir n ut n h to.
roviding infonnation to the NRC or to g
ah of any d, ngde@n, or order, or any term, condition, or is or her employer on potential limitation of any license issued by the violations or other matters within NRC's Commission, or regulatory responsibilities.
(2) Deliberately submit to the NRC, a licensee, or a licensee's contractor or subcontractor,infonnation that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
February 29,1996 61-6
"IU PART 81 o LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE j i (4)Nthe appboastle nedse as em 3a1.ta speamstossesses m the buffer sons for monitoring and j
agent er
- w ofesote' 1
h to tien, a5 N opeciBc technicallaformados Potential mitigative measures.
i een oder th must include the fouowtas safennauen (c) A description of the principal 1
F88eg'*ph met he supphed wNb respost needed for demonstraties that the design criterle and their relationship to j
m he ster pason.
performance objectives of Subpart C of the performance objectives.
i (b)r
._ of the apphnet thle part and the appbceble techmeal (d) A description of the design basis Quimmede of Subpart D of this part natural events or phenomena and their 1
umal ownsam a to be met:
relationship to the principal design Nuo I
j heinang a apaa one
(
descri tion of codes and i
eseeMq and characteristlos as detennised by standards whfch the appucant has h to tem of
- " U *U"**
disposal ette selecties and appued to the design and which will prawiens, er se"enMm I charactortantion acevtues.no apply toconstructionof theland 6 deswiption must laelade geologic, disposal facGities.
(g)no M g=huone.
tactuang tralalag and expertense, of he a: geotechnical, hydrologic,.___ " "
(rl A description of the construction apphant and meshese of to g chmatologic, and blotic features of the and operetion of the land disposal disp)osal alte and vletaity.
facihty.no description must include as afghanet's ster to eyhe tral'%
inthe gt, A '-
z et the design a minimum the methods of construction
- ed' lues.
feetwee of the' land disposal fadlity and d disposal unite; waste emplacement;
--i------*
- e e.oeni - P- -
y
.e,ro.ede,o,or au a,eas a.a.is b paragra
.-oide*pheY1 festarse disYt rudw em maies.o. < weien ietegrit,,e a[g Jt seesthe
- thee, (8)A descripean of the opphonat's for a units: structwal stabihty g survey contr iProgram; meL, and personnel trsining pmgraec and be westes, and covers; eentact of arose of waste storage; and methods to (4)He plea to matalaim an adegaats weetse with standag weter dispeeni control surfeca weter and undwater esmplement of trenned pereennel to alte drainage; esposal site cleeurs end access to the wastes.De scription eerry out waste recolyt. headling. and etabillastion: ehednetion to the eatent.
must eleo include a description of the esposal operemone in a safe manner.
(c) A deselpeen of; maintenance:' gtems disposal alte methods to be employed in the handhns precucable ofle tleeuelen:
and disposal of wootes containing (1)Helocatiesof theproposed occupational exposures, sheposal ette chelating agents or o?ber non-Asposaleles; monitoring: e.nd adequacy of the eine of 4 radiological substances that might effect (3)negeneralcharacterof the A meeting the performance objectives in J (s)osedaceween; E Subpart C of this part.
e prop ne typw and evenutim af (g) A description of the disposal ofte E ;remoscove waste tobe received.
4 closure plan. including those design 1-
- ' and disposed et features which are intended to facilitate 4 (4) plans for mee of the land disposal disposal site closure and to sliminate Seculty for purposes other than esposal the need for ongoing active ef resoective westes; and maintenance.
(5)he proposed faculties and (b) An identification of the known agulpment.
natural resources at the disposal alte,
[d) proposed schedules Ier the exploitation of which could result in ouestrucoon, receipt of weste, and Bret inadvertent intrue!on into the low 4evel empleoeneent of weets at the proposed wastes after removalof active lead disposal feedlity.
Institutional control.
(i A description of the kind, amount, clas)sification and specifications of the redloactive meterial proposed to be received, possessed, and disposed d at bthe land disposal facility.
g17 September 29,1995
N PART 81 e UCENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE (j) A description of the quehty g01.18 Toshnientanalyses, through covee over depnel arou and assuronos tellesed to IJ.W Asposal.
md app %ed by tb6 De spectSc technicalinformation adjacent soGs. and eurtees drainage of
- PPlicant for deteradaaties of must also include the foDowing analyme the disposal site.no analyses must natural dispoest site characteristles and aseded to demonstrate that b provide reasonable soeuramos that here E forquali soeurence d the design.
performance objectives of Subpart C of wiu not be a md for eagoing active his part wGI be met.
maintenance of the dispeeni este E cm on, opmtion, cloom of (a) pathways analysed la followfag aloewe, the land locility and the demonstrenn
,,,,i.es, g,,e,prokoom of te pu,ra,l,,i.,g,,g
- receipt, and emplacement of
- 888-
. must include air, sou.youndwater,
~'
- surface water, plant uptake, and
- embumation by bumwtag animals.no 8 01.14 Inesweenaf gWennesen, analysee must clearly identify and s
I differentiate between the roles
%e lastitutionalinfonnetton must (k) A desertpties of he radiaties performed by the natural disposal alte leolude-eafety proyees for aestret and abaracteristics and doelp featwes in (a) A certification by the Federal or soonitoring af redoactive albusate to teoleting pad seyegating b wates.
State govemment which owns the onewe sempliance with the performanos De analysee must clearly demonstreg disposal elle that the Federal or State ablective in I et41 et this part and that there is renomble usurance that sova**** 18 PNPed to accept occupational radiaties exposure to the exposure to humans from the rolesse transfer of the noense when the answo semplianos with the of radioactivity wiu not exceed the prevtolone of I e1.30 m met, and will requirements of part as of this abapter limite set forth in I 91.41.
ensum responsibihty for custodial care and to control contaminaties of (b) Analyses of the protection of after ette cloews and poeteloswo perocanel, vehicise, equipment.
Individuale from inadvertent intruolon observation and maintenance, buudlaga, and the disposal site.Be6 must include demonstration that there le (b)Whom the disposal site g routine operatione and ecoldente must reasonable aneurance the wasm is on land not o by the Federaler a g be addroceed De proyees desaripelea closelfication and espegation State government, tbs applicant must E must include procedwes, requirements wul be seet and that submit evidence that arrangemente beve instrumentetson, feellities, and adequate barriere to inadvertent been mode for auumption of ownerabip D equipment.
Intruolon wul beprovided.
- la fee by the Federal or a State
- gvernment before the ta==a ata=
(1) A description of the environmental
) Analyses or the protection of ues a hcense, monitoring program to provide data to viduale du.ing operations must evaluate potential health and include aseenen.ents of expected environmentellapacts and the pies Ier exposures due to outine operations and taking corrective measures if stration likely accidente durig bandling.
of resonuclida is indiosted.
storage, and disposal 9f wate.He letts phoneislantermemen.
(m) A decription of the analysee must provide reasonable ne financialinformation must be i
administrative procedures that the enourance that exposures will be sufBelent to demonstrete that the applicant will apply to control activities controued to meet the requiremente of financial quehfications of the applicant at the land disposal faculty, part 30 of this sinapter, are adequate to carry out the activities of(the disposal alte and the need ford) Analyses of the long-tens stabuity for which the licenn le sought and meet other financial assurance requiremente ongoing active malatenance after as specified in Subpart E of thle part F
closure must be based upon analyses of active natural processes suob se eroeien, o.
j (n) A description of the facility mass wasting elope fouure, settlement electronic recordkeeping system se of wasta and becldHl.tafutretion 101.10 OtherInformenn E required in $ 61.80.
8 Depending upon b nature of b westes to be dispond of, and the design L
and pro operation of the land die faculty, additionalinformation may be requested by the Commiselon including the following" (e) phyelcal security measures,if appropriate. Any appucetion to receive and posene special nuclear meterialin quantities subject to the requirements of Part ya of this chapter ebau demonstrate bow the physical security requirements of Part ya wiu be met In determining whether receipt and poneselon wiu be subject to the requiremente of part ya, the applicant aball not consider the quantity of special nuclear meterial that bu been disposed of.
(b) Safety informstion concerning criticality,if oppropriate.
September 29,1995 61 8
61.16(b) 61.24(d)
PART 61 LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE (1) Amy applicadon te roesive and possus epocial nuclear meterialin quantities that would be subinet to the isen.as eiendprestwlesumaneWe (g)no applicears proposalfor aet se, bsetudonal control provides senseaable requirements of 8 MJa,Crtucahty A Econse for the resslyt, possession, assurance that lastitutional oestel wEl accident airements"of part 70 of this and es of wesw som er be provided for the length of kne found j
to ensure the nadings la chapter demonstrate how the coat ted with souros, requirements of that sootion wiu be met, nuclear, or byproduct me will be
- hat (b)de) of this ecolism and unless the applicant requests as leeued bythe t'a==Imalaa spen Rading at institutional osotrolmeets to exemption pursuant to 8 70Ae(d). In that the lesuance of the hqense wlB met i requirements of I SLee,Institutiemal determining whether receipt and be inimical to the ossenen defense and a requirements.
poemsles would be subject to the security and wGl not oseedente aa (b)He information sa Saanstal requirements of 8 70Ja, the apphonat unreasonable risk to the health and amourances meets the requirements et shall not consider the quantity of special safety of the public, and:
SubpartI ofIbis part.
nuclear material that has been disposed (a)ne applicantis quebSedby *
'p) He applienat's physiset esserity of.
reason of training and experlemas to provides reasomshis (2) Any application to receive and carry out the disposal operances assuranes that the requirements of part
- possess special nuclear matwial shall "9umbd la a namer met protects Fsof this wlB be not imseler as describe proposed uros for health and =tal=1==s danger to lido er the meniser r avoiding accidenta criticality,which i
endu to been addras both storage of special nuclear O material prior to disposal and waste sik, dis
- design, G)De applicant's critionhty emplacement for disposal.
facility operations (inclu equipment, procedures are adequate to facilities, and procedures),
alte public health and safety provide I e1Jo Feng and metreusen et closure, and postclosure institutional
- yeasonable assurance that the appseenen, control are adequate to protect the
- requirunents of I 70.36, Crideakty (e) An application for a license under public health and safetyin that they
- anddent requirements, of Bad 70 of this rt, and any amendments thereto, provide reasonable assurance that the a abagter wiu be amt, insofar as they are this fbe filed with the Duector, must be
(,nNel popule6an wGI be potected
- app cable to spulal nuclur material to shel signed by the applicant or the a rel8am dreaoac#wity as be p ibofore disposal under the applicant's authorised representative spuined in he pwfamann w la boomse.
under oath, and must consist of 1 signed I 'I#I'd euhAny additionalinformation I
from of tied as requested by tbs l
original and 2 copies.
re osctivity.
Co==tantaa pursuant to 3 e1.10, Other i
,gh8I
,,,informatica, is adequate.
fs
,g gg (b) Another 85 copies of the 8 facility operations (inct equipment, A""
3 application must be retained by the
,,. facilities, and procedures),
site l (1)The requirements of Subpart A of a apphcant for distribution in accordance closure and postclosureinstitutiemal aP I with written instructions from the control are adequate to protect the
% ort 51 of this chaptar have been met.
7 Director or designee.
public hulth and safety in that they wiu L-L provide reasonable assurance that
"'t et.se conesens et noensen, ladividual inadvertent intrudere am (a) A license issued under this part, or
{ inspection fees applicable to a heense (c) fees. Application, amendment. and protected in accordanca with the any right thwennder may be grformance ob tive in 3 0143' tecdon of viduals from transfwred, anigned, or in any manne 1 covning the receipt and disposal of disposed of, either voluntare or r
e radioactive wastes in a land disposal inadvertent intmelon.
lavoluntaruy, directly or indirect!,
through transfer of control of the koense facility are required by Part 170 of this (d)ne op hcant s proposed land 6
espaalfa ty opwa6ons.lacludag (chapter.
equipment, facilities, and y,-- - _ m.,
to any person, onlyif the Commission Ands, afWr acwing fuH idorah are adequate to protect the public health that the transfer is in accordance with soYb the provisions of the Atomic Energy Act
'.e121 Enmination of repetmon-nuranoe &a in its application, the applicant may for redledon protection set out in part 3D 8'Y, pinne t
g incorporete by reference information of this chap will be met.
d (b)& Boonses shall submit written contamed m previous applications, (e) The disposal a g,r. amah,,un,,d e m,,e up a m W d suk etstements, or reports filed with the s, di go onal trol ars' termination of the heeb,i, p,,,,,
i cili Commissi n if these references are clear
, to enable the adequate to protect the public heale Commission to deterO whether er N Ie1.72 upeenne et appucemen, and safety in that they wGl provide not the license should be modiSed, reasonable assurance that long term suspended, or swoked.
e' s
(a) The application must be as stabdity of to espond wash and the (c)& license will be transferred to y complete es possible in the hght of espmal sik wG1 be schkwd and wul the site owner only on the full information that is evallable at the time imp ementation of the Baal closure plea l
o of submittal.
eliminate to the extent practicable the need for ongoing active malatemence of as op roved by the Commission.
(b) he applicant shall supplement its the disyosal site following clooms.
Inclu lag postclosum observation and opphcation in a timely manner, es (f) The applicant's desnonstration malnknanca.
necessary, to permit the Commission to proeides reasonable assurance that the (d)N licenses shall be subject to the review, pnor to luuance of a license-applicable technical requirements af provisions of the Atomic Ene Act any changes in the activities proposed Subpart D of this part wol be met.
now or heresherin effect, to all to be carried out or new information rules, regulations, and orders of the 4
regarding the proposed activities.
Comadulon. & terms and conditions of the license am subject to amendment, 61 9 September 29,1995 bi
=a
-+
w c.i.
w
I I
J i
61,24(d) 61.28(a)
PART 81 o LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE I
i revleien, or modineation, by reason of (k)(1) Each licensee shall notify the approved. the Commission wiH apply the criteria set forth in I S1.23.
amendmente is or by reason of rulsa, appropriate NRC Regional I
regulations, and ordere leeuedin Administrator, in writing, immediately I sts AppNcogen for renewal er sleeure.
accordance with the teruns of the Atomic following the filing of a voluntary or (a) Any expiration date on a license l
Energy Act.
involuntary petition for bankruptcy applies only to the above ground k) Any beense ma be reveled, under any Chapter of Title 11 activities and to the authority to dispose 2
suspedd a mahnd in whole e in (Bankruptcy) of the United States Code of waste. Failure to renew the lioonas part for any matedal falso statement la b or egainst:
shah not relieve the hoenew of i
the application or any statement af fact g (i)The licensee:
responsibility for carrying out site required under section 1st of the Act, or n (ii) An entity (as that term is defmed closure, postclosure observation and because of conditions revealed by any a in 11 U.S.C.101(14)) controlling the transfer of the heense to the site owner, i
application or statement of fact er any
% licensee or listing the license or licensee An application for renews! or en report, record, or " t or other
- as property of the estate: or application for closure undef 5 01.38 i
i sneans which would' warrant the (iii) An affiliate (as that term is must be filed at least 30 days prior to
}
Comunission to refuse to pont a heemse defmed in 11 U.S.C.101(2)) of the hcem expiration.
. to the original application, er for faGure licensce (b) Applications for renewal of a
(
to operate the facility in accordance (2) This notification must indicate:
license must be filed in accordance with with the terms of the hcense, er for any (i)The bankruptcy court in which the il 01.10 thro 61.18 and i 81.30.
l elolation of, or failure to observe any of petition for bankruptcy was filed. and Apphcade or closure must be filed in I
i the terms and conditions of the Act, or (ii)The date of the filing of the accordance with ll 91.30 and 61.35..
any rule, regulation, licanes or order of petition.
Information contained in previous
)
the Co=='amion, applications, statements or reports filed (f) Each person heennd by the with the Coramiselon under the license i
8 i.
Commlulon pursuant to the regulations me be incwporated by reference if the (e) Except as Provided for in a references are clear and specific,
)
in this part shall conAne possession and been e conditions, the hcenses all not (c)In any case in which a licensee has i
use of materials to the locations and purposes authorised in the license, make changes in the land timely filed an a lication for renewal "d
I **
die df 11 eC misionhaa l
Inspected the land disposal facihty and subsequent changes to the cility and sel ha t e a a non on has found it to be in conformance with Gw procedura subrised which are
- lhe application for renewal 4
i
- the decription, dup and construcMon important to public health and safety, j (d)In determining whether a license described in the app cation for a Dese license restrictions wGl fall into will be renewed, the Commiselon will I
a ar thru categories of ducending
' apply the criteria set forth in i et.23' l
(h)De Commission may lacorporate importance to public health and safety l
w E
- in any license at the time ofissuance, or as fohows
- (1) those features and let.se contents of appassuen ter i
thmefter, by appropriate rule, precedures which may not be
- sesoure, i
regulation or order, additional without (i) 80 days prior notles to (a) prior to final closure of the i
requiremente and conditions with Commission,(ii) 30 days notice of disposal site, or as otherwise directed respect to the licensee's receipt, opportunity for a prior hearing, and (iii) by & Commission, the applicant shall possession. and disposal of souros.
. prior Commission approval:(3) those submit an application to amend the special nuclear or byproduct material as - features and procedures which may not license for closure.nir closure it deems appropriate or necessary in a be changed without (i) 90 days prior application u.uat include a final revision order to:
E notice to the Commisson, and (ii) prior and specific details of the disposal elle (1) Promote the common defense and Commission approval; and (3) those closure plan included as part of the security;
- features and procedures which may not hcense application submitted under (2) Protect health or to mini =Im.
be changed without 80 days prior notice I et.12(g) that ir.cludes each of the danger to hfe or property; to the Commission. Features and following-(3) Require reporte and the keeping of procedures falling in paragraph (a)(3) of (1) Any additional geologig, records, and to provide for inspections this section may not be changed without hydrologic, or ohr disposal site date of activities under the license that may prior Commission approval tr the pertinent to the long-term containment be necessary or appropriate to Commleelon, after heving received the of emplaced radioactive wastes effectuate the purposes of the Act and utrod notice, so orders.
obtained during the operational period.
regulattens thereunder.
) Amendmets suewising ens (2) The resuhs of tests, exper'snents.
I IIC co m (i) Any licensee who receives and "d*g '","d*a or ohr analyue relating to backfill of b
excavated areas, c!csure and scaling, possesses special nuclear metsdal under this part in quantitles that would P8F8
)(1) d el8 med88-waste migration and 1* teraction with (c)
Comenleaton shall provide a emplacement media, or any other tests.
be subject to the requiremente of I 70.34 copy of the notice for opportunity fw experiments, or analysis pertinent to the of Part 70 of this chapter shall comply bearings provid in Qd long-term containment of emplaced with the requirements of that wcuen, ele wction to State De licensee shall not consider the watete within the dispoul ehe.
8 quantity of special nuclear material that
[2 h' Pad 2 o (3) Any proposed revleton of plans for:
ls r
has been disposed of.
(i) Decontamination and/or (j)he authority to dispose of wastes iSt.se Amendmentof teensa, dismantlement of surface facilities:
i expires on the date stated in the license (a) An application for amendment of a (ii) Backfilling of excavated areas: or except as provided in i etN(a) of this licenw must be filed in accordance with (iii) Stabilization of the disposal site part.
l 01.30 and shall fully describe the
.for poet. closure care.
changes deelred.
(b)In determining whether en amendment to a license will be September 29,1995 61 10
~
61.21(b)
PART 61 LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE 1
- (b) An environmental report or a (b) His application must be filed, and extent practicable the need for ongoing supplement to an environmental report will be reviewed, in accordance with the active maintenance of the disposal site prepared in accordance with Subpart A provision of I 81.20 and of this section, following closure so that only of Part 51 of this chapter must (c) A license is terminated only when su: vel!!ance, monitoring, or minor i
accompany the application-the Commission finds:
custodial care are required.
2 (c) Upon review and consideration of (1) not the institutional control Subpart D-Technical Requirements
- an application to amend the license for requirements found necessary under for Land Disposal Facilities s' clow, submitted in accordance with
' paragraph (a) of this section, the i 61.2g han be9n met; and Iam W ano aunatany E Commission shallissue an amendment (2) not any additional requirements requirements for land esposat.
authorizing closure if there is reasonable multing Im.n new infamation (a) Disposal site suitability for near-assurance that the long term developed during the institutional surface disposal.
performance objectives of Subpart C of control period have been met, and that (1) ne purpose of this section is to this part will be met.
pmnanent monuments or markers specify the minimum characteristics 'a warning against intrusion have been disposal site must have to be acceptable installed.
=
for use se a near-surface disposal I e1.29 Poet <6oeure etuvation oms Subpart C-eerformance Objecevos facility, ne primary emphasis in
- 0"'*"*"**'
dis osal site suitability is given to e
Following completion of closure i e1.40 General regh iso ation of wastes, a matter having authorized in i 61.28. the licensee shall Land disposal facilities must be ulted-long. term impacts, and to disposal site observa, monitor, and cany out designed, operated, closed nd features that ensure that the long-term necessary maintenance and repairs at controlled after closure so that performance objectives of Subpart C of the dnposal site until the license is reasonable assurance exists that thi.s part are met, as opposed to short.
transferred by the Commission in exposures to humans are within the term convenience or benefits, accordance with I et.30. Responsibility limits established in the performance (2) De disposal site shall be capable for the disposal site must be maintained objectives in il 81.41 through 61.44.
of being characterized, modeled, by the licenseo for 5 years. A shorter or I st.41 Protection of the geneest analyzed and monitored, longer time period for post-closure population from releases of red 6cattivity.
(3) Within the region or state where observation and maintenance may be Concentrations of radioactive the facility is to be located, a disposal established and approved as part of the site closure plan, based on site-specific
. material which may be released to the site should be selected so that projected
% general environment in ground water.
- population growth and future
- developments are not likely to affect the
$ surface water, sir, soil, plants, or ability of the disposal facility to meet
[ the performance objectives of Subpart C animals must not result in an annual f 81.30 Transfer oflicones.
(a) Following closure and the period
[ dose exceeding en equivalent of 25 g
=
3 of post-closure observation and
- millirems to the whole body,75
- o e part.
2 maintenance, the licensee may apply for millitems to the thymid, and 25 (4) Areas must be svolded having E en amendment to transfer the license to millirems to any other organ of any known natural sesources which,1f
- the disposal site owner.ne license snember of the public. Reasonable effort exploited, would result in failure to meet shall be transferred when the should be made to maintain releases of the performance objectives of Subpart C Commission finds:
radioactivity in effluents to the general of this part.
(1)nat the closure of the disposal environment as low as is reasonably (5) ne disposal site must be generally site has been made in conformance with achievable.
well drained and free of areas of the licensee's disposal site closure plan.
I 81.42 Protection of IndMduals from flooding or frequent ponding. % aste as amended and approved as part of the inadvertent intre disposal shall not take place in a 100-year flood plain, coastal hi h-hazard b.eense:
Design, operation, and clssure of the area or wetland, as defin in Executive (2) nat reason 6ble assurance has land disposal facility must ensure Order 11988, " Floodplain Management been provided by thelicensee that the protection of any individual Guidelines."
performance objectives of Subpart C of inadvertently intruding into the disposal (e) Upstream drainage areas must be this part are met; site and occupying the site or contacting minimized to decrease the amount of (3)nat any funds and necessary the waste at any time after active runoff which could erode or inundate records for care will be transferred to institutional controls over the disposal waste disposal units.
the disposal site owner; site are removed.
ag e ms
,I[I j h8Pj'g (4) Dat the post-cl.mre monitoring i s1.43 Protection of indMduale ciuring program is operational lot operettona.
ground waterintrusion, perennial or implementation by the disposal site Operations at the land disposal otherwise,into the weste will not occur.
ownen and facility must be conducted in ne Commission will consider an (5) That the Federal or State compliance with the standards for exception to this requirement to allow government agency which will assume radiation protection set out in Part 20 of disposal below the water table ifit can responsibility for institutional control of this chapter, except for releases of be conc!n!vely shown that disposal site the disposal site is prepared to assume radioactivity in effluents from the land characteristics will result in molecular responsibility and ensure that the disposal facility, which shall be diffusion being the predt.minant means institutional requirements found governed by I 61.41 of this part. Every of radionuclide movement and the rate necessary under i 61.23(g) will be mel.
reasonable effort shall be made to of movement will result in the (b)[ Reserved) maintain radiation exposures as low as performance objectives of Subpert C of is reasonably achievable, this part being met. in no case will I 81.31 Termination of I6eenee.
I 61.44 Stabiltty of the disposat site after waste disposal be permitted in the zone (a) Following any period of closura.
of fluctuation of the water table.
Institutional control needed to meet the The disposal facillt t be sited.
(8) The hydrogeologic unit used for requirements found necessa under designed, used, opera.
1 closed to disposal shall not discharge ground I 6123, the licensee may opp y for an et.hieve long-term stabo the water to the surface within the disposal amendment to terminate the license, disposal site and to elimin. to the 61 11 September 29,1995
~
PART 61 o LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE (9) Areas must be avoided where with waste during disposal, and the (a) A bater sene ofland meet be j
tectonic processes such as faulting, contact of percolating or standing water maletained between any buried weste felding. seismic activity, or vulcanism with weetes after disposal.
and the disposal eats bounderr and may occur with such tre ncy and (b)D 1 site design for other than beneath the disposed wasta.The buSer l
j,e flgo y the ability pear-e am disposal (senarved)6 moae shad be of adequak dinameless to o
performance ob'jectives of Subpart C of I 41.88 Land depeanHeemy operosen cmy out andmamatal menhams i
this part, or may preclude defensible 8"" W ""' #88" I"I d
l modeling and prediction of lone. term (a) Near-surface disposal fedlity part a mitigative amannees,1f l
In cle.
oPeretion and disposal site closure.
l
- 0) Areas must be avoided whm (1) Wutes dwignated u Qass A (8) Owm and stabRination mesures surface geologic processes such as mass purouant to I 01.86, must be segregated as set forth in the approved site closure wasting. erosion, slumping, landsliding.
trom other wastes by placing in disposal plan must be carried out as each l
or weethering occur with such frequency units which are sufficiently wperated gmmed.al unit (e.g each treed)is BIled di l
and extent to significantly affect the from disposal units for the other waste ability of the disposal site to meet the clasen so that any interaction between (10) Active weste disposal operations i
performance objectives of Subpart C of Cass A wastes and other wastes will must no&va an ehem efect on this part, or may preclude defensible not mult in the fade to amt the completed closum and stabilisaties modeling and prediction of long-term Performance objectives in Babpart C of m esures.
impacta.
this Part. nie segregation is not (11) Only wastes containing er t
l (11) The disposal site must not be necessary for Case A wutes if they contaminated with radioacuve materials i
located where nearby facilities or met as stabuny mquimments in shall be disposed of at the disposal alte.
ectivities could adversely impact the I st3s(b) of this WecGuy operetle and dispaal eine ability of the alte to meet the (2) Wastes des sted as dass C closure for land disposal faculties other performance objectives of Subpart C of pumuant to I 61.58. must be dispond of
&an neaMurface (meane$
this part or significantly mask the so that the top of the wasta la a g g g,g, g,,,,,,,,,,
environmental monitoring program.
minimum of 8 metere below the top l
[b] Disposal site suitability surface of the cover or must be disposed su(e) At the time a hcense application is requirernents for land disposal other of with intruder barriers that are mitted. the applicant shall have
- than near surface (reserved).
designed to protect against an conducted a preo retional monitoring
- inadvertent intrusion for a least 800
. pmgram to provi e basic environmental dets on the disposal site characteristics.
- I 81.81 Disposet atte design for land years.
- alopeaal.
E (3) All westes sha'D be disposed ofin
- no ap lieant shallobtelninformation (a) Disposal site design for near.
- sccordance with the requirements of g about e ecology, meteorology, climate, a
- surface disposal.
O paragraphs (a)(4)through(11)of this bydrology, geology,3 ochemistry,and
~
(1) Site design features must be section.
- seismology of the dieposal site.For I
directed toward long-term isolation and (4) Wutes must be emplemd in a those characteristics that are subject to i
avoidance of the need for continuing manner that maintains the package seasonal variation. data must cover at active maintenance after site closun.
Integrity during' emplacement, minimises least a twa}ve month period.
(2) ne disposal site design and the void spaces between packapes, and (b) ne licensee must have plans for operation must be compatible with the permits the void spaces to be filled.
taking cormctive measures if migration disposal site closure and stabilization (5) Void spaces between waste of radionuclides would indicate that the plan and lead to disposal site closure packages must be filled with earth or performance objectives of Subpart C that provides reasonable assurance that other material to reduce future may not be met.
the performance objectives of Subpart C subsidence within the fill.
(c) During the land disposal facility
~
of this part will be met.
[6] Weste must be placed and covered site construction and operation, the j
(3) ne disposal site niust be designed in a manner that limits the radiation licean shan maintain a monnoring to complement and improve, who e dose rate at the surface of the cover to program. Measurements and observations must be made and appropriate, the abuity of the disposal levels that at a minimum will permit the 8
site's natural characteristics to assure E licensee to comply with all provisions of re orded to provide data to evaluate the Potential health and environmental that the performance objectives of e.$5 0.D01 end 20.D02 of this chapter at impacts during both the construction Subpart C of this part wiU be met.
E the time the license is transferred (4) Covers must be designed to llg and the operation of the facility and to minimize to the extent practicable water pumant to 6 m0 of this part.
enable the evaluation oflong term infiltration, to direct percolating or effects and the need for mitigative measures.De monitoring system must surface water gway from the disposed waste, and to resist degredatien by
~ (7) The boundaries and locations of be capable of providing early warning cf surface geologic processes and blotic each disposal unit (e.g., trenches) must releases of radionuclides from the scalvity.
be accurately located and mapped by disposal sito before theyleave the site (5) Surface festures must direct means of a land survey. Near-surface boundary.
surface water drainage away from disposal units must be ma,rked in such (d) After the disposal site is closed, disposal units at velocities and a way that the boundaries of each unit the liceneee responsible for post..
gradients which will not ruult in g can be easily defined. Three perma.
operational surveillance of the disposal nent survey marker control pointa, ref.
site shall maintain a monitoring system erosion that will require ongoing active s
maintenance in the future, y erenced to United States Geological based on the operating history and the Survey (USGS) or National Geodetic closure and etabiliation of the disposal (ej ne disposal site must be designed w
4 to minimize to t}e exWnt practicable the 4 Survey (NOS) survey control stations.
site.De monitoring s) stem must be 5
contact of water with note during must be established on the alte to fa.
capable of providing early warning of storage, the contact of st.mding water ellitate surveys. The USGS or NOS releases of radionuclides from the control stations must provide horir.on.
tal and vertical controls as checked against USGS or NOS record files.
j September 29,1995 61 12
e i
PART 81 e LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE disposal alte before they leave the site (iv) Weste that is not generally (iv)If the concentration exceeds the
- boundary, ecceptable for near-surface disposal is value in Column 3, the waste is not I e1.e4 Assemesve requiremente ser waste for which form and disposal genera acceptable for near-surface enign and operamena, methods must be d.fferent, and in disposa.
general more stringent. than those the n)uclides listed in Table 2, the tota na hmmisalora may, upon toquest or specified for Cass C wute. In the on its own initiative, authortes absense of specific requirements in this concentration shad be determined by provisions other than thoes set forth in g part. such wate must be disposed ofin the sum of fractions rule described in ll 91.81 through 31.43 for the g a geolo c repository as defmed in Part paragraph (a)(7) of this section.
ation and disposal of weste and 80 of for daign and operation of a land chapter unless proposals for dispon) facility on a specific basis,ifit disposal of such waste in a disposal site Tantaa finds reasonable assurance of licensed pursuant to this part are approved by the Comminion.
compliance with the performanos
'Tl'L*7,,,*lf" meanew object!vos of Subpart C of this part.
I et.as mete economessen, lived redionuclides. If redioact!ve waste
' " ' Y Y (3) Classification determined by long-(e) Classification of waste for near contains only radionuclides listed in w,,,,,,,,,,,,,,,,,,,
,., n, m.
veo is n
surface disposal.
Table 1, claulfication shall be g"*
ao o
a (1) Cons /demt/ons. Determination of g,g,,g,g, g,gi,
- o g g the clewification of redloactive waste (I)If the concentretion does not
- s e amenw a==
m rm rom Involves two considerations. Ftret, exceed o.1 times the value in Table 1 the westo is case A.
"O consideration must be von to the (ii)If the concentration exceeds 0.1 D'Th** *"* enen sessemass w m m emm concenttstion oflong-ed redionuclides (and their shorter-hved times the value in Table 1 but does not precuroors) whose potential hasard will exceed the value in Table 1, the waste is 2l,C",".'.'*,"*,,",*,,"*i,,,,,,O" "C
Cla n C.
g pers!st long after such precautions as 111)If the concentration exceeds the n"a"a"s"sa"'""""'""'"***"***"'*'*"
= = = * * --
-****'===*?==s institutional controls, improved waste
- form, and deeper disposal have ceased v ue in Table 1, the waste la not nerall acceptablefornear-surface
- long)- and short lived radionuclides. If(5 C
- to be effective. nese precautions delay the time when long hved radionuchdes a
f could cause exposures. In addition, the
( v) For wastes containing mixtures of : radioactive weste contains a mixture of
- magnitude of the potential does le radionuchdes listed in Table 1, the total
- radionuclides, some of which are listed
- limited by the concentration and concentration shall be determined by a in Table 1, and some of which are listed ava!! ability of the radionuchde at the the sum of fractions rule ducribed in
- determined as follows
- in Table 2, clepificatio time of exposure. Second, consideration paragraph [a)[7] of this section, must be gfvon to the concentration of Tama t (1)If the concentration of a nuclide shorter hved radionuclides for which listed in Table 1 does not exceed 0.1 e,,,,
times the value listed in Table 1, the requirements on institutional controls, waste form, and disposal methods are f
clees shall be that determined by the
==
i T
concentration of nuclides listed in Table f
effective.
~
L (2) Clones of waste. (!) Osse A weste (ii)If the concentration of a nuclide e.,,
is weste thet is usually gregated from c.ie m es e amis heted inTable 1 exceede 0.1 times the se other weste classes at e disposal site.
8" value listed in Table 1 but does not ne physical form and characteristics of U " "*** "*
exceed the value in Table,1, the waste Class A weste must meet the minimum Me shall be Cass C, provided the ass requiremento set forth in I et.Se(s),if
- '"""S'"",.".""'""*'""**
coneentretion of nuclides lieted in Table
.,es Class A waste also meets the etabihty sw sei aune 2 does not exceed the value shown in requirements set forth in i et.se(b), it is not necessary to segregate the weste for Column 3 of Table L i
disposal.
unse no win se y (e) Classification of wastes with radionuclides other than those listed in (11) Class B weste is weste that must yh,*di Mideo Tables 1 and E U redioactive waste d'
meet more rigorous requirements on a
i does not contein any nuc!! des listed in wasie fo. io enom siabinty afwr dag;;g'i, gar,dgTge,
einer Tabie s - u is aass A.
I disposal.no physical form and i
characteristics of Class B waste must classiflection shall be determined based M De sum d &e fractions rule f-meet both the minimum ar.d stability on &e encentrations shown in Table L mixtures of redionuclides. For
'd determining classification for waste that requirements set forth in 5 01.88.
"'h','$'t bosc c ntains a mixture of redionuclides,it is
!!) Class C weste is waste that not H
necewary i detennine se sum M,e waste does not contain any nuc!! des y must meet more rous fracti ne by dividing each nuclide l
requirements on waste orm to enom heted in either Table 1 or 2,it is Cass A.
stability but also requires additional (1)!! the concentration does not cucentration by the appropriate limit exceed the value in Column 1, the waste and adding the resulting values. The measures et the die osal facility to is Class A.
apPr riate limits must all be taken protect agelnetine vertentintrusion.
The physical form and characteristics of 1)If the concentration exceeds the from e same column of the sama table.
Class C weste must meet both the va ue in Cobmn 1, but does not exceed The sum d the fractims for the column the value in Column 2, the waste is must be less than 1.0if the waste class minimum and stability requirements set Osu 5 is to be determined by that column, forth in i 61.86.
111)1/the concentration exceeds the F.xample: A waste contains St 90 in a va us in Column 2, but does not exceed
[
the value in Column 3, the waste is Can C.
I 61 13 September 29,1995
PART 01 o UCENSING REQUIREMENTS FOR LAND DISPOSAL OF RADICACTIVE WASTE eenoestration of 30 CL/m* and Co. tar la maaimum extent ble the owned la fee by the Fedwel or a state a sonosotretion of at Cl/m* Since the potentialhasard themen-sentament.
I esacentrations both emosed the values radioloWeel materials.
(b)last/rullanoleontrol.N land la Cohuma t. Table 3, must be (b)N requiressents la this secuse owner er custosal shaR carry composed to Column 3 v ForSrse are latended to provide stabuity of the out an lastitutional ese a to tecises 80/180.=0.33; for Co.taF weste. Stability is intended to easme physicaBy control nomes to esposal tracties, st/44 0.s; the sum of to that the waste does not 1 -- "--
elle foBowing transfer of control of the frections=0AI. Since the sua is less depede and affect overaR stability of esposal alte beni the site -
than 1A, the wash is Qass 3-Ibe alte through stamping, couapse, er operator.no lasti control (8) Doestelmot4pn of onnaandrosions Ja eger fegure of the unit and must also laclede,but not be wasses.De conosotreuos of a therebylead to water tretloa.
ted to, carrying out as radionuclide may be detemined Stability le also a factor la haltiss environmental maaltorlag proyam at inerest mthods such as use of exposure to na inadvertent latruder, the disposal alte, periodic surveillance, factors which relek the inferred since it provides a recognisable and minor custodial care, and other eencontration of one radiomuotide to mondispersible weste, requirements as deterusined by the emother that is measured,er (1) Waste must beve strusteral Commiselon; and administration of assonychde material accountabut,it stability. A structureDy stable waste funds to cover the oosts for these there is reasonable assurance that form wtB genereEy asaintainits activities.h ofinstitutional indimet methods can be comlaud wie dimensions and its form, under controls will determined by the actual amasurements. N concentration expeckd espaal comanom emb u
a==i==ian but lastitutional controle of a redonoclide my be av over may not be relied upos for more than welebt of overburden and aa Ibe volume of the weste, or t of the equipawat, du prma d too yews foHowing transler d control d wmW if es units am o as and microbial activity, and laternal the disposal site to the owner.
- 20 Curie 8 pw gram.
factore such as radiation effects and
$et.se traste eheresterisees.
chemical changes. Structual stabGity SubparMM Assurances (a)N following requirements are can be provided the wask som g31At Appesantgusenescensand minimum requirements for aD classes of it8 elf. proonsing, wash to a stable soeurenese.
waste and are intended to foollitate form, or placing ths. waste la a deposal Each applicant abaB show that it
, bandling at the di sal site and de onetainer or structure that ymvidee eie w p a n n a b funds or
- protecuan of heel and safety stability after disposal.
- has reasonable assuranos of taining 7, personnel at the disposa!alte.
- (2)Notwithstandirig the lossin
- the necessary funds, or by a s
(1) Weste must not be pack for
- ll 61.50(a)(3) and (3),lig wastes, or
- combinadon of de two, to cove em
" disposalin cardboard or11 w wastescontain hquid, must be
! estimated costs of cond aR 0 boxes.
- converted into a that contains as Boonsed medvides oww du ed (2) Liquid weste must be solidined or little free standing and noncorroelve operating life d the project, including $
packaged in sufficient absorbent liquid as is reasonably achievable, but oosts of construction and disposal, material to absorb twice the volume of in no case shall the liquid exceed 15 of the hquid.
the volume of the weste when the wasta
$ 81J3 punchng 9er speposal she stesure (9) Solid waste containing liquid shaR is in a disposal container designed to and -
contain as little free standing and ensure stability, or 0.5% of the volume of (a)h applicant shall provide noncorrosive liquid as is rusonably the waste for waste processed to e assurance that sufficient funds wdl be achievable, but in no case shall the stable form, anGable to carry out disposal site Bquid exceed 15 of the volumn.
(3) Vold spaces within the weste and closure and stabuisation, including: (1)
Decon amlantloa or dismantlement of (4) Weste must not be roadGy onpable between the wasta and its must r
of detoution or of exploelve be reduced to the extent pre land disposal faculty structures; and (2) decomposition or reaction at ammal closure and stabuisation d the disposal INI propures and temperatures, er of site so that foDowing transfer of the Each ok of wask must be disposal site to the site owner, the need e osive reaction with water.
) Weste must not contata, or be clearly abel to identify whether itis for ongo active maintenance is case A weste, Class B waste, or class C elimina to the extent practicable and cappble of genereting, quantities of todc gases, vaport, or fumes harmful to waste in accordann wie l MB.
minor custodial care, surveillance, er 1 01.88 Ahernative requirements fw weets monitoring am required.Does persons transporting, han disposing of me waste. Als not einsegnoegen and sharassertsges.
assurances shall be based on Conunission-spprowd out utime%s apply to radioactive gaseous waste
%e Commission may, upon et or renecting &e Comminion-appmud pecksged in accordance with paragraph on its own initiative, authorise (a)(7) of this section.
provisions for the classification and plan for disposal site closure and stabuisadon.& appHcants cost j
to) Weste must not be p. 7 M obaracteristice of waste on a h
numata must take ink accent heal rop oric materials contained in wask basis,if, after evaluation, of spectSc c8pital costa that would be incurred if j
e allbe treated, ared, and packaged charuterbdes d b waste, an independent contractor were hired to to be nonflamm Weste in a gaseous form must be
',i$"fonabbod d dhpoed, H perform the closure and stabDisation and &
wance d comphame
- 'I-pa et a prusure that does not wie de anoeobjmove h (b)In wder k anid unnecessary 1.5 atmospheres at atrC. Total Subpart of this pad.
activity must not exceed SOD curies per duplication and expense, the container.
$ 41.80 anstitutional requirements.
Commission will accept financial (8)Weste contelning hasardous.
. (a)LandownereAlp.Disposalof sureties that beve ban consolidated biological, pathogenic, or infectious radioactive waste received from other with earmarked financial or surety material mwt be treated to reduce to the persons may be permitted only onland arrangements utablished to meet September 29,1995 6144 i
~
. - ~
l
o PART 81 LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE requirements of other Federal or State government securities, secrow sonounts, (e) A State or tribalgoverningbody agencies and/or local severning bodies irrevocable letters oc lines of medit, whose laterest is affected a near-for such decontamination, closure and trust funds, and combinations of the surface facik at proposed stabilisation.no Commiselon wGI above or such other types of alte may t to the a
accept this arrangement only if they are arrangements as may be approved by proposal for participation in to miew considered adequate to satisfy these the Co==t=alon. However, self-of a hoense a cetion. Proposals mest requirements and that the portion of the lasurance, or any I which be submitted the fouowing time sur.ty which severs the closure of the essentially consti*utes the periods:
disposal site is charly idenufled and assets of tbs licensee, not satisfy fac(1) For the State in which tbs disposal committed for use in accomplishing the surety requirement for ate sectee Gity will be located, or any State that these activities.
applicants since this no is mesaber of an laterstate compact that (c) ne licensee's surety maA=al==
additional assurance other than that includes the State in which the disposal will be annually reviewed by th's which already exists through lioones faculty is located, no later than 45 days Commisslan to assure that sufficient requirements.
funds are available for completion of the foDowing blication in the Fedesel closure plan. assuming that the work iet.se Massumnesstw Register the modos of tenderlag of an has to be puformed by an independent application submitted under I st.sa, contractor.
(e) Prior to &eissuance d&e beensa, (2) For any other State. or for a tribal d) ne amount of surety liability the applicant shall provide for erning body, nolater thanlas days sh(ould change in accordance with the Commission miew and appeal a g,,,,,,,,fthe nodce of tendering of as bumde 6e Federal predicted cost of futree closino and copy of a binding arrangement, such as stabilisation. Factors affWting closure a lease, between the applicant and the appHodon mMhd ude 6 and stabilisation cost estimates include:
die osal site owner that ensures that po Inflation; increases in the amount of a cleat funds will be avausbie to ycensing procas must be made in l
jag an s%by te disturbed land; changes in ensin cover the costs of monitoring and any wr t
dr"n,d"""t"a#st"dl*at Ma'"3"'"2",s'Ml'ma.
- -- -*d r- *r ** - *i g
g e
othe conditions affecting costs. nis ans ment will be miewed will yield a surety that is at least pari cally by the Com=Imal-to (c) At a minimen, pmpoeals must sufficient at all times to cover the costs ensure that in inBation, contain each of the follwing items of j
of closure of the disposal units that are technology and sposalfacility information:
. expected to be used before the next Operations are reflected in the (1) A geral description of how the
. arrangementa.
State or tribe wishes to panid te in
- (e)ne tem of the surety mechanism (b) Subsequent changes to the bladin
- the licensing process specifica y must be open ended unless it can be 2, arrangement specified in paragraph (a)g ; identifying mose issues it wishes to e
' demonstrated that another arrangement a of this section relevant to institutional review.
0 would provide an equivalent level of a
I. Commission for approval control shall be submitted to the (2) A description of material and assurance. nie assurance could be
- information which the State or tribe provided with a surety mechanism plans to submit to the Commission for l
which is written for a specified period of Subpat h. _- ;u by State consideration in the licensing procese. A m
time (e 3., five years) yet which must be Governmente and indian Tribes tentative schedule refmacing in automatica renewed unless the party let.7e seeps.
the miew and calender dates who issues e surety notifies the nis sub art describes mechanisms planned submittels should be included.
Comminion and the beneficia (the through wh$ch the Commission wGl (3) A description of any work that the site owner) and the principal ( e licensee) not less than 90 days prior to implement a formal request from a State State or tribe proposes to perform for the renewal date ofits intention not to or tribal overnment to participatein the
- Comm!-lon in HPPON d **
mge,, gc.
,pp c.g., g,,,
licensing process.
y renew. In such a situation the licensee must submit a replacement surety within land disposal facility. Noth in this (4) A description of State or tribal 30 days after notification of subpart ma be construed to the plans to facilitate local government and cancellation. If the licensee falls to State or tri algoverning body from citizen participation.
provide a replacement surety acceptable participating in subsequent Commission (5) A preliminary estimate of the types to the Commission, the site owner mar pmceedings conce
&ehcanse and extent ofimpacts which the State I
collect on the o inal surety.
application as provide under Federal expects, should a disposal facility be (f) Proof of fo Iture must not be law and regulations.
locawd as proped.
(6)If desired, any requests for necessary to collect the surety so that in let.7t State and Treselgovemment educational or information servlees the event that the licensee could not eenounauen.
(seminars, public meetings) or other provide an acceptable replacement Upon request of a State or trfbal surety within the required time, the governing body, the Director shall make ac6m inne &e Commlasion sud as surety shall be automatically collected available Commission staff to discuse establishment of additional Public prior to its empiretion. ne conditions with representatives of the State or Document Rooms w exchange d kate described above woeld have to be tribal governing body information reonnel under the latergovernmental clearl stated on any surety instrument submitted by the applicant, applicable
"""*I whi is not open-ended, and must be agreed to by all parties. IJebility under Commission regulations. licensing iSt.73 Commissionapprovalet the surety mechanism must remain la procedures, potential schedules, and the P'oposela, effect until the closure and stabilization type and scope of State activities in the
) Upon receipt of a proposal program has been completed and license review permitted b law. in su mitted in accordance with $ 01.72, approved by the Commission and the addition, staff shall be me e available the Director shall arrange for a meeting license has been transferred to the site to consult and cooperate with the State between the representatives of the State or tribal governing bodyin developing or tribalgoverning body and the (g) Financial surety arrangements proposals for participation in the license Commission staff to discuss the review.
genern!!y acceptable to the Commission Proposal and to ensure full and effective include: surety bonds, cash deposita, I St.73 Pmns of proposals for sames and participation the State or tribe in the certificates of deposits, deposits of Trebel participemen.
Commission's conse review (b)If mqunkd by a Shh bhal 61 15 September 29,1995
PART 81 o LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE gov body, the Direeter may
"" (e)Notwithstanding he (a) approve er any part of a proposalif through (d) of h secuen.
consee the Director determines est shallrecord the locauon and the W Each Bomw abaB y with (1
activities are withis quanuty of radioactive wastes he safeguards sporung req te of the )De II " "*' M88 "' " *I 808
_-- ' t statutory contained in the disposal site and chapter 'if 6e 'vendu"es er acuvines d and the and transfer thne records upon heense magnitude impacts IboOesteer termination to the chief executive of the saurials mm ed or transfwnd emosed 8 # " " " U'"'
""'I tribe may bear are eu8leisst to justitr
$l dispose of radioa
! nearest municipali.the chief executive
- iM'e','r'"e,2"s'
- we i'c*e *.M?ca", a*o'n*r'g'b Jasa oentribute, u _., to to heensieg development and pl a
the l
4 "Esdo.ei-atoDimwwmbe n'am'a'%"*er"iai Les as n,,n'*a,ar-,,: *:"or,prd transmitted in wri to the governor er designated by the Commission at the manaaint statement annus with the the designated s8l of the tribal time oflicense termination.
governies body.
c=wa=8== la ordw to wthe informogon bm for ",,~
participation a State erladian g,,,g,q,yg,,g,,
shall met affect ridts to g,rovida b,,en adjudicat.ory bearles as participate la art i ef e,in.
=
(1)(1) Each licensee authorized to g Subpart 0-flesords,fleporte. Testa, (f) Following recolpt and acceptance dispose of waste matwiels received from g andinspections of a shipment of radioactive waste, the other persons, pursuant to this part.
I st.se eseisiwnense et resseen, mpest, licensee shall record the date that the shall submit annual reports to the end transeem.
shi ment is received at the dis I
appropriate Commission regional office (a) Each Beenm abau maintata any fac lity, the date of disposal of a shown in Appendix D to 10 CFR part scords and make any reporte la waste, a traceable shipmcnt manifest 20, with copies to the Director, Division connection with the hoensed activities number, a description of an engineered g of Weste Management, Office of Nuclear a may be by the senditions of barrier or structural ovw provided Material Safety and Safeguards, U.S.
the Ucen n er the rules, regulations, for disposal of the waste, e location of E Nuclear Regulatory Commission, and ordas of tbs Cosamission, disposal at the disposal site, the Washington, DC 20555. Re orts must be (b Records which are uired by the containment integrity of the waste submitted by the end of th first anons in tble part er license disposal containere as recolved, any calender quarter of each year for the sendicons must be maintained for a discrepancin between matwiels listed pmcoding you.
period specined by the a to on the manifest and those received, the reguleuono in this abapter er boense volume of any pallets, bracing, og other condition. If a retenues period is set shipping or onsite genersted matwiels othawise spectned, these records must g that are contaminated, and are disposed be maintained and transferred to the g of as contaminated or suspect metwfals, officiale spectned in (e) of and any evidence ofleaking or damaged this section as a ties disposal containers or radiation or terminauon unless the Pah'a=
contamination levels in excess of limits
_otherwise avtbortaes their dispeeltion.
s cifled in Department of rans rtation and Commission (c) Records which must be maintained mgul ions.Thelicensee shallbriefly purenant to this part may be the original decribe an repackaging operations of or a reproduced copy or a microform if an of the sposal containers included this m roduced copy or microform is in he shipment, lus an other capab of produchng that is clear and legible at the and the requimd information requ tod by e S
Commission as a license condition. The
$ retention period.no record may also be licensee shall retain these records until stored in electrorucmedia with the the Commission transfers or terminates g capability for producing istible, the license that authorizes the activitiu d
3 *g u pwi Records described in this section.
such as letters, drawmps, specifications.
most include all portment information such as stamps, trutials, and signatures.
The licensee shah maintam edequate safeguards apamst tampennF with and
,,, loss of recoro6.
~ (d)If there is a senSist betwess he r
,-a==ta='s regulatione la his part.
Beenes condition, or other welttaa r===la=ia= approval er motherteatles l
- portainleg to me retenties perled let the E name type of ressed, he t rotessenperiodspeelSed n
september 29,1995 ei 16 i
l
PART 61 o LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE
.o
- ggy, g et At v te et land anspeest teennes, g at.e3 vioaations.
es shan een of he (e) Each licensee sbau perform er (a)The Commluton may obtain an geomety of to psteelpel permit the Commlulon to perfona, any injunction or other court order ta sedieneelldes seleased to unseetteled tests as the Commiselon deems areas is agold and b alderes sEluents appropriate or necessary for the prevent a violation of the provisions nr,,.
dartug to adminletration of b re of the _Qyear,(ii) he resehe Part, including tests of: gulations in this (1)The Atomic Energy Act of 1954, as
- monitos4EW amended:
(81) e summary of Besasse (1) Radioactive wastes and facilities omit survey and malatenames used for the receipt, storage, treatment-(2) Title 11 of the Energy ties,(iv) e summary, by waste hand!!ng and disposal of radioactive Reorganization Act of1974, as amended; eless. of souvities and quantitles of wastes-or (3) A regulation or order leeued sedlenoclidee of. (v) any (2) Radiation detectica med pursuant to those Acts.
heteness la w observed site toonitoring instruments; sad (b) The Commission may obtain e abaracteristles were signiacently (3) Other equi ment and devtoes used court order for the payment of a civil different tros those described la the in connection wt b receipt-I appliesties for a license; and (vil any
$ otherlaformation the %==fasion may posseulon, handling, treatment, storage.
penalty imposed under section 234 of the
$ or disposal of radioactive wasta.
Atomic Ener y Act:
r g segelse. If the quantities of radioactive 2 (b)(Reserved]
(I) Sections 63. 57,62. 63. 81,82,101, (1) For vio ations of-
$ materials roleesed during the sportes E
period, meal results, se w f 41.88 Commisolon < -_
oflead 103,104,107, or 109 of the Atomic maintenance oseed ese 4 WN Ene Act of1954, as amended; signtAcantD root fress these (a) Each licensee shall afford to the
(!!
ction 206 of the Energy expected la matertslo previously Comminion at all reasonable times Reo}antsation Act-soviewed as part of the licensing action, opportunity to ins t radioactive weste (11 Any rule, regulation, or order the report must cover thle specincally.
not yet disposed and the remises'ae in persgraph (b)(1)(i) of this section:
luued pursuant to the sectione specified (j) Each licensee shaU reportla e !pment, operations, and cilities l accordance with the requirements of ich radioactive westes are received, m (iv) Any term, condition, orlimitation 170.82 of this chapter, possened, handled, treated, stored, or
& of any license leeued under the sections (k) Any transfer of byproduct, souros, disposed of.
- specified in paragraph (b)(1)(i) of this and special nuclear materials by the (b) Each licensee shall make avellable "h);*Fjr any violation for which a licensee is subject to the requirements in to the Commlulon for inspection, upon ll 30 41,40.51, and 70.42 of this chapter, reasonable notice, records kept by it license may be revoked under section Byproduct, source and ecial nuclear pursuant to the regulations in this 186 of the Atomic Energy Act of1954.as material means motori es defined in
- amended, these parts, respectively, chapter. Authorized representatives of the Commiselon may copy and take oway copies of. for the Commission's use, any record required to be kept I8*
Cd*'"*'P'"****'
pursuant to this part.
(e)Section 223 of the Atomic Energy (1)In addition to the other Act of1954, as amended, rovides for requirements of this section, the criminal sanctions for wil fut violation licensee shall store, or have stored.
of. attempted violation of. or conspirsey manifest and other informatlon to violate, any regulation issued under pertaining to receipt and disposal of sections 161b,1611,or1610 of the Act, radioactive waste in an electronic For purposes of section 223, all the recordkeeping system, regulations in part 61 are issued under (1) The manifest information that one or more of sections 161b.161i. or 161o, except for the sections listed in l must be electronically stored is-(1) That required in 10 CFR part 20, (b) The regulations m Part of that are paragraph (b) of this section.
e-a pendix G,with the exception of not issued under sections 161b, teil, or E" s i r and carrier telephone numbers 161o for the purposes of Section 223 are an lpper and consignee ee follow:: II 61.1.61.2,61.4.61.5.61.6.
certifications; and 61.7. 61.8, 61.10, 61.11. 61.12. 61.13, 61.14, l
(11)Thet information required in 61.15. 61.16. 61.20. 61.21. 61.22, 61.23.
h (f) of hi 1
61.26, 61.30. 61.31,61.50, 61.51, 61.54.
(2) s specifled in facil license 61.55, 61.58, 61.59,61.61, 61.63. 61.70, conditions, the licensee shall report the 61.71. 61.72,61.73,61.83, and 61.64.
stored information, or subsets of this Information, on a computer. readable medium.
6b17 September 29,1995
e e
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c EXECUTIVE TASK MANAGEMENT SYSTEM
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<<< PRINT SCREEN UPDATE FORM >>>
TASK # - 7S-86
=........ 1,;; DATE- 04/07/97..
MAIL CTRL.____,,_____
- 1997 TASK STARTED - 04/07/97 TASK DUE - 04/21/97 TASK COMPLETED -
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TASK DESCRIPTION - COLORADO DECOMMISSIONING RECORDKEEPING: DOCUMENTATION
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ADDITIONS PART 30, 40 & 70 REQUESTING OFF.
COL REQUESTER - QUILLIN WITS -
0 FYP - N
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STAFF LEAD - RLB PROG. AREA -
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PROJECT STATUS -
OSP DUE DATE: 4/22/97
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PLANNED ACC. - N LEVEL CODE -
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APP-07 97 07:31 FFO1:LfB E FfiD 9 5'CEPHE 203-782-508',
TO C01 + 415CO2 Pi6E' 16 -
- ,,. ~,..
s DJ A FT February 4,
1997 t
i RECORDS PRIOR TO LIchMSEj FRMINATION.
1 3.15.4 NOTICE AND DISPOGTTION OF 2
3 Cach licensee r. hall notify the Department in writing when the licensee decides to permanently discontinue all activities 4
5 involving materials authorized under the license.
f 6
1 3.15.4.1 PRIOR TO LICENSE TERMINATION, FACH LICENSEE AUTHORIZED TO POSSESS HADICACTIVE MATERIAL WITH A HALF-LIFE GREATER Ti!AN 8
1 9
120 DAYS, IN AN UNSEALED FORM, $11ALL FORWARD TIIE FOLLOWING 10 RECORDS TO Tile DEPARTMENT.
}
11 l
12 3.15.4.1.1 RECORDS OF DISPOSAL OF LICENSED MATERIAL MADE UNDER RN 4.34, 13 4.35, 4.36, 4.37; AND f
14 15 3.15.4.1.2 RECORDS REQUIRED BY RI! 4.42.
16 17 3.15.4.2 IF LICENSED ACTIVITIES ARE TRANSFERRED OR ASSIGNED IN i
18 ACCORDANCE WITH RH 3.15.2, EACH LICENSEE AUTHORIZED TO t
19 POSSESS RADIOACTIVE MATERIAL, WITH A !!ALF-LIFE GREATER THAN 20 120 DAYS, IN AN UNSEALED FORM, SHALL TRANSFER Tile RECORDS 21 22 REQUIRED IN RH 3.15. 4.1 TO THE NEW LICENSEE AND THE NEW 23 LICENSEN WILL BE RESPONSIDLE FOR MAINTAINING THESE RECORDS
(
i' 24 UNTIL THE LICENSB IS TERMINATED.
i i
25 r
26 3.15.4.3 PRIOR TO LICENSE TERMINATION, EACH LICENSEE SMALL FORWARD 27 THE RECORDS REQUIRED DY RH 3.16.6.8 TO T11E DEPARTMENT.
2B 29 y
60 l
30 3
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APP-07 97 07:31 FPON: LAB C PAD SWCCPHE 303-782-5033 TO:301+41543502 FWLE:18 i
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t DR AFT February 4, 1997 i
i I
3.16.G.8 DECOMMISSTONING RECORDKEEPING i
2
..TiiE LICENSEE SHALL KEEP RECORDS OF INFORMATION IMPORTANT TO f
3 THE DECOMMISSIONING OF A FACILITY IN AN IDENTIFIED LOCATION
_4 UNTIL AUTitORIZED BY THE DEPARnsENT. UEFORE LICENCED 5
t ACTIVITIES ARE-TRANSFERRED OR ASSIGNED IN ACCORDANCE WITII RH 6
3.15,2, LICENSEES SHALL TRANSFER ALL RECORDS DESCRIBED IN 7
i THIS PARACRAPH TO Ti1E NEW LICENSEE.
IN TIIIS CASE, Tile NEW g
LICENSEE WILL BE RESPONSIBLE FOR MAINTAINING THESE RECORDS 9
UNTIL THE LICENSE IS TERMINATED. IF RECORDS IMPORTANT TO 20 THE DECOMMISSIONING OF A FACILITY ARE KEPT FOR OTHER 12 PURPOSES, REFERENCE TO THESE RECORDS AND THEIR LOCATIONS MAY 12 h
13 UE USED.
INFORMATION CONSIDERED IMPORTANT TO DECOMMISSIONING CONSISTS OFr 14 15 16 3.16.6.B.3 RECORDS OF SPILLS OR OTHER UNUSUAL OCCURRENCES INVOLVING THE SPREAD OF CONTAMINATION IN AND AROUND THE FACILITY, 17 10 EQUIPMENT, OR SITE.
THESE RECORDS MAY BE LIMITED TO INSTANCES WHEN CONTAMINATION REMAINS AFTER ANY CLEANUP 19 PROCEDURES OR WHEN TIIERE Is REASONABLE LIKELIHOOD THAT 20 CONTAMINANTS MAY HAVE SPREAD TO INACCESSIDLE AREAS AS IN THE 21 CASE OF POSSIBLE SEEPACE INTO POROUS MATERIALS SUCH AS 22 23 CONCRETE. TIIESE RECORDS MUST INCLUDR ANY KNOWN INFORMATION ON IDENTIFICATION OF INVOLVED NUCLIDRS, QUANTITIES, FORMS 24 25 AND CONCENTRATIONS.
26 27 3.16.6.8.2 AS-BUILT DRAWINGS AND MODIFICATIONS OF STRUCTURES AND EQUIPNENT IN RESTRICTED AREAS NHERE RADIOACTIVE MATERIALS 20 ARE USED AND/OR STORED, AND OF LOCATIONS OF POSSIBLE 29 3 - 64 30
. -_ _ m. _ _
1 APP-07 97 07:32 FPOf1: LAB t PAD SUS'CDPHE ' 303-782-5083 T0:301+415+3502 PME: 19 DR A FT February 4, 1997 l
l l
i 1
INACCESSIBLE CONTAMINATION SUCl! AS DURIED PIPES WHICH MAY DE 2
SUBJECT TO CONTAMINATION.
IF REQUIRED DRAWINGS ARE 3
HEFERENCED, EACH RELEVANT DOCUMENT NEEDS TO HE INDEXED f
4 INDIVIDUALLY.
IF DRAWINGS ARE NOT AVAILADLE, THE LICENSEE J
d 5
SHALL SUBSTITUTE APPROPRIATE RECORDS OF AVAILABLE C
INFORMATION CONCERNING THESE AREAS AND LOCATIONS.
~1 I
8 3.16.6.8.3 EXCEPT FOR AREAS CONTAINING ONLY SEALED SOURCES (PROVIDED f
9 Tits SOURCES HAVE NOT LEAKED OR NO CONTAMINATION REMAINS 10 AFTER ANY LEAK), BYPRODt/CT MATERIALS HAVING ONLY HALF-LIVES I
11 OF LESS THAN GS DAYS, OR AREAS CONTAINING DEPLETED URANIUH 12 CASED ONLY FOR SHIELDING OR AS PENETRATORS IN UNUSED i
l 13 HUNITIONS, A LIST CONTAINED IN A SINGLE DOCUMENT AND UPDATED 14 EVERY 2 YEARS, OF THE FOLLOWING:
15 16 3.16.6.H.3.1 ALL AREAS DESIGNATED AND FORMERLY DESIGNATED E
17 RESTRICTED AREAS AS DEFINED IN RM 1.4; i
18 19 3.16.G.B.3.2 ALL AREAS OUTSIDE OF RESTRICTED AREAS THAT l
20 REQUIRE DOCUMENTATION UNDER RH 3.16.6.8.1; 21 22 3.16.6.8.3.3 ALL AREAS OUTSIDE OF RESTRICTED AREAS NHERE CURRENT I
23 AND PREVIOUS WASTES HAVE HEEN DURIED AS DOCUMENTED 24 UNDER RH 4.48; AND l
25 6
26 3.16.6.8.3.4 ALL AREAS OUTSIDE OF RESTRICTED ARRAS WHICH CONTAIN i
i 27 MATERIAL SUCH THAT, IF THE LICENSE EXPIRED, TH!f 20 LICENSEE WOULD BR REQUIRED TO EITHER DECONTAMINATE THE 29 AREA TO UNRESTRICTRD RELEASE LEVELS OR APPLY FOR 30 APPROVAL FOR DISPOSAL UNDER RH 4.34.
31 32 3 - 65 i
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ffP-07 97 07:32 FFO1:LAS & PisD 5 S'CEf+E 303-782-5083 TO:301441543502 Pf6E:EO D R A_F T February 4, 1997 I
l J
A LIST CONTAINING THE LOCATION AND DESCRIPTION OF ALL 1
3.16.6.8.3.5 EQUIPMENT TO REMAIN ONSITE AFTER LICENSE TERMINATION THAT WAS CCNTAMINATED WHEN FINAL DECOMMTSf;IONING NAS j
3 i
INITIATED; AND 4
'I 5
6 3.16.6.8.3.6 ANY OTHER INF0FMATION NOT REQUIRED BY Mll 3.1G.6.8.3 THAT IS CONSIDERED NECESSARY TO SUPPORT THE ADEQUACY 7
f OF THE DRCOMMISSIONII(G PLAN FOR APPROVAL.
8 i
n 10 3.16.6.B.4 RP; CORDS OF THE COST ESTIMATE PERFORMED FOR THE DECOMNTSSIONING l
l I'UNDING PLAN OR OF THE AMOUNT CERTIFIED FOR DECOMMISSIONING, AND 1
13 RECORDS OF THE FUNDING METHOD USED FOR ASSURING FUNDS IF EITNER A 12 13 FUNDING PLAN OR CERTIFICATION IS USED.
14 1
l 2s.
1 16 17 10 19 20 21 22 23 24 25 2G 27 20 l
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>T R 07 97 07:32 - FF01:LH3 2 PAD 975 CE(4E. TO3-782-SCG3 TO:TOl+415+ZO2
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EXECUTIVE TASK MANAGEMENT SYSTEM
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<<< PRINT SCREEN UPDATE FORM >>>
TASK # - 7S-87 DATE- 04 /07/97 -----
MAIL CTRL.
1997
-~~~~~
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TASK STARTED - 04/07/97 TASK DUE - 04/21/97 TASK COMPLETED -
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TASK DESCRIPTION - COLORADO SELF-GUARANTTEE AS AN ADDITIONAL FINANCIAL
--~~~~~~~--~~~~~
MECHANISM; PARTS 30, 40, 70 REQUESTING OFF. - COL REQUESTER - QUILLIN WITS -
0 FYP - N
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PROG.- RLB PERSON -
STAFF LEAD - RLB PROG. AREA -
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PROJECT STATUS -
OSP DUE DATE: 4/22/97
~~~~~~~~~.-~~~
PLANNED ACC.
-N LEVEL CODE -
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M9-07 97 07:28 FFG1: LAB C PAD c) P. GFW
~;03-782-5083 TO: 30H IlrC'.02 PM.E : 02 l
i I
i DR AFT February 4, 1997 l
l PART 3 LICENSING OF RADICACTIVS MATERIAL 1
3.1.2 In addition to the requirements of this part, all licensees are 2
nubject to the requirements of Parts 1, 4,
10, 12 and 17 of these 3
regulationc.
Purtherinore, licensees engaged in industrial radiographic operations are subject to the requirements of Part 5 4
)
5 of these regu3ations, licensees using radionuclides in the healing i
6 arts are subject to the requirements of Part 7 of these j
regalations, licenseco engaged in land disposal of radioactive 7
material are subjoet to the requirements of EITHER Part 14 OR 0
9 PART 18 of these regulations, licensees engaged in source matcrial 10 milling are subject to the requirements of Part 18 of these 11 regulations, and licensees engaged in wireline and cubsurface tracer studies are subject to t.he requirements of Part 16 of these 12 13 regulations.
1 1
24 15.
16 17 18 19 20
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21 22 1
1 24 1
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RPP-07 97 07:28 FPC71:LRS t PRD S'S -GHE 303-782-5083 To:301+415+3TO2 PAGE:04 r
DR A FT February 4, 1997 l
1 3.9.5 Financial assurance requirements, as described below, have been 2
met 3
4 3.9.5.1 Fi,na_ngla l Recuirements.
5 6
The Department will require financial assurance arrangements 7
as follows-8 9
3.9.5.1.1 A license applicant may be required to furnish 10 financial assurance arrangements to ensure decontaminat. ion and decommissioning of the facility 11 A3 for the proiection of the public health and safety and 13 the environment in the event of abandonment, default 14 or inability of the licensee t.o meet the requirements 15 of the Act, these regulations, and the license.
16 17 3.9.5.1.2 The following specific licensees are required to 18 furnish financial assurance arrangemento:
19 20 3.9.5.1.2.1 Reserved.
21 22 3.9.5.1.2.2 Commercial waste handling licensees; 23 24 3.9.5.1.2.3 Recerved.
25 2s 27 3 - 27 20
APP-07 97 07:28 FF01: LfC 0 PAD 9 9 CCME 303-782-5083 TO:3Ol+415 C502 Fn5E:05 l
pR A_F 'r February 4, 1997 9
1 3.9.5.1.2.4 Source material mills; and 2
3 3.9.5.1.2.5 Each applicant for a specific license 4
authorizing the possession and use of SOtRCE 5
MATERIAL, IN A READILY DISPERSIBLE FORM, GREATER i
G THAN 10 mC1, OR OTHER licenced radioactive 7
material with a half life greater than 120 days, 8
in quantities:
9 5
10 3.9.5.1.2.5.1 greater than 10 times the applicable 11 quantity of Schedule B of Part 1 unsealed 12 f o rin.
For a combination of isotopes if R 5
13 divided by 10 in greater than 1 (unity 14 rulc), where R is defined here an the sum 15 of the rat. ion of the quantity of each 16 isotope in the applicable value in 17 Schedule B.
10 2
19 3.9.5.1.2.5.2 greater than 10 ' times the applicable 20 quantity of Schedule D of Part 3 in sealed 21 sources or plated foils.
For a 22 combination of isotopes if R divided by 23 10" is greater than 1 (unity rule), where i
I 24 R is defined in RH 3.9.5.1.2.5.1.
25 3.9.5.1.3 Reserved.
26
.hhht i-h1
- >cA sh
[ YNN Y 28 28 3
1 l
1
(0'R-07 97 07:28 FROM: LAB E PAD 9 6'CDPHE 303-782-5083 TO 3Ol+415 C502 FWLE:C6 l
pRAFT February 4, 1997
".;=et w l-r.rr1-
. 3 r
1
& ts 2-3 4.^
0.1.; -
h rved-4 Des (M 5
C.O.L.; 3.5 6
The financial assurance arrangements required by c
7 3.9.5.2 RH 3.9.5.1.1 shall be furnished to,.and in a term approved a
by, the Department prior to the issuance of a license, or 9
any amendment or renewal of an existing license, as required lo by the Department. The applicant shall furnish evidence of 11 initial and continued financial responsibility sufficient to 12 in force, as maintain the financial assurance arrangement
.13 The amount of required by and acceptable to the Department.
14 funds to be provided by such financial assurance 15 arrangements shall be based on Department-approved cost
-16 estimates.
17
&*4-f-inca *eenoc, m any-e++ongemwhk4+-e6(,cotud4y I P..
eettet44Attee-oelf-t4+ emit %rKWJ.
- 4. c antrraet--with t., Oute m 19 F4xk-+w11-agmM, vil l n ot--twe44 <rf-y-+4**f-iniMil-a coe+,*+ece 20 21 requ.;.=cnt
- ce *.hw ;>rcr_:!:2 re-eddit c ; " acesutom+e
- +,her44 on-tha+-which--t-1+cady-c*iotMArough-4-icenoo 22 st qui r0 x*tter 23 24 Acceptable financial assurance arrangements include:
25 36 27 3 - 29 28 669e n
f69-07 97 07:29 FFG1: LAB C PA[t 9 P:/ CEf+1E
'.03-782-5Ct33 TO:301+415+3502 PAGE:07 D_R A 7 T February 4, 1997 F
1 3.9.5.2.1 A bond accued by a fidelity or surety company with 2
provisions and for a term and amount acceptable to the 3
Department; 4
5 3.9.5.2.2 An irrevocable aletter of credit" or " lino et credit" 6
issued by a recognized iinancial institution whose 7
financial condition and commitment are establiched to e
the satisfaction of the Department; 9
10 3.9.5.2.3 A cash deposit. certificate of deposit, or deposit of u
government necurities posted by the licensee with 12 provisiono and for a term and amount acceptable to the 13 Department; or 14 15 3.9.5.2.4 SEI.P ASSURANCE TEST 16 3.9.5.2.4.1 FOR ALL LICENSEES, EXCEPT URANIUM OR THORIUM MILT, 17 FACILITIES, ACCEPTABLE FINANCIAL ASSURANCE 10 ARRANGEMENTS ALSO INCLUDE THE POLLOWING: PARENT A9 COMPANY GUARANTEE OF FUNDS FOR DECOMMISSIONING COSTS 20 BASED ON A FINANCIAL TEST MAY BE USED IF THE GUARANTEE 21 AND TEST ARE AS CONTAINED IN APPENDIX A OF THIS PART.
22 A PARENT COMPANY CUARANTEE MAY NOT BE USED IN 33 COMBINATION WITH OTHER FINANCIAL METHODS TO SATISFY 34 THE REQUIREMENTS OF THIS SECTION.
25 3.9.5.2.4.2 A GUARANTEE OF FUNDS UY THE APPLICANT OR LICENSEE FOR 3G DECOMMISSIONING COSTS BASED ON A FINANCIAL TEST MAY BE 27 USED IF THE GUARANTEE Alm TEST ARE AS CONTAINED IN 30 APPENDIX B OF THIS PART.
A GUARANTEE BY THE APPLICANT 29 OR LICENSFE MAY NOT BE USED IN COMDINATION WITH ANY 30 OTHER FINANCIAL METHODS TO SATISFY THE REQUIREMENTS OF 31 THIS SECTION OR IN ANY SITUATION WHERR THE APPLICANT 32 OR LICENSEE HAS A PARENT COMPANY HOI. DING MAJORITY 33 CONTROL OF THE VOTINr, STOCK OF THE COMPANY.
30 34 3
.m__
APP-07 97.07:29 FPOM: LAB S PAD S W CfPHE ~
f 303-782-5083 TO:3014415+3502 F43E:08 i
4 I
~D_R A FT February 4, 1997 i
A I
l 1
3.9,5.2.4.3 SE1.F INSURANCE,' OR ANY OTMEF ARRANGEMENT WHICH ESSENTIALLY l
I '- CONSTITUTES SELF INSURANCE (e.g. A CONTRACT WITH A STATE OR f
l FEDERAL AGENCY).
i l
3 I
4:
l EXCEPT FOR THE FINANCIAL ASSURANCE TESTS NOTED IN RH g
5' 3. 9. 5. 2. 5 f
3.9.5.2.4, % ombinations of the above or such cther i
6 evidence of initial and continued financial responsibility j
7 --
t as may be required by the Department., including financial t
o assurance arrangements previously provided to any State, 9
Federal and/or local governing bodies concerning activities 10 i
subject. to license under these regulations, where the 11 a2 amount, terms,- and conditions of such financial assurance arrangements have been established to the satisfaction of
. l 13 i'
14-the Department, provided such arrangements are considered by 15 the Department to be adequate to satisfy the requirements of RM 3.9.5 and provided that the portion of the financial 16 assurance arrangement which covers the decommissioning and
{
17,
reclamation of the facility and associated areas, and the j
i 1s
\\
39' long-tenn site surveillance and control funding charge, are i
clearly identified and committed for use in accomplishincj 4
20 these activities.
21 22 33 3.9.5.3 The amount of funds to be provided by such financial assurance arrangements shall be based on Department-approved 34 cost estimates in an approved DECOMMISSIONING plan for (1) l t
25 decontamination and decommissioning of buildings, facilitics l
26-and the site.to levels which would allow unrestricted use of
[
27
)
these areas upon decommissioning, and (2) for the l
28 reclamation of tailings and/or waste disposal areas in I
29 accordance with technical criteria delineated in Part 14 l
t 30 and/or Part 18 as appropriate. The licensee chall submit 31 this plan and complete proposed financial assurance 32 arrangements in conjunction with the environmental report 33 31 3
34
~
l t
s,
___-m,,,m..--
..-m
APP-07 97 07:29 FPOM: LAB !; PfC 9 ?5'CDPHE 303-782-5033 TO:301+415+3502 pie :09 i
DR AFT February 4, 1997 1
required by RH 3.0.0 that addresses the expected environmental irrpacts of the operation, decoramissioning and l
-2 reclamation, ' and evaluates alternatives f or mitigating these 3
4 impacts.
In establishing specific financial assurance 5
arrangements, the cost estimates shall take into account 6
total costs that would be incurred if an independent centractor were hired to perform the deco.nmissioning and 7
reclamation work, and long-terre care af included.
a I
9 KACH DECOMMISSIONING FUNDING PLAN MUST CONTAIN A COST 10 3.9.5.J.1 ESTIMATE FOR DECOMMISSIONING, HEQUIRED IN THIS i
11 SECTION, INCLUDING MEANS FOR ADJUSTING COST ESTIMATES
=
12 AND ASSOCIATED FUNDING LEVELS PERIODICALLY OVER TUR 13 LIFC OF THE FACILITY. THE DECOMMISSIONING FUNDING 14 p
PLAN MUST ALSO INCLUDE A CERTIFICATION BY THE LICENSEE 15 THAT FINANCIAL ASSURANCE DECOMMISSIONING HAS BEEN j
16 f
.PROVIDED FOR IN THE AMOUNT OF THE COST ESTIMATE FOR 17 DECOMMISSIONING OR A SIGNED ORIGINAL OF THE FINANCIAL 18 I
INSTRUMENT OBTAINED TO SATISFY THE REQUIREMENTS OF 19 THIS SECTION.
20 l
31 l
22 3.9.5.3.2 A SIGNED EXECUTED ORIGINAL COPY OF THE FINANCIAL h
INSTRUMENT ODTAINED TO SATISFY THE REQUIREMENTS OF 23 THIS SECTION GHAi.L BE SUDMITTED TO THE DEPARTMENT
{
24 25 PRIOR TO RECEIFT, USE, POSSESSION, STORACE OR DISPOSAL
)
26 OF LICENSED MATERIAL.
27 3
-.32 28 i
4
._ _.. _. -. _ _. _... _ _ _.. _ _ _... _. _._. _. _ _ __.. _ _. _._ _. _.. -.. ~...... _. _... _ _ _
APR-07 97.07:29 FPOM: LAB P, PAD SUS'CDPHE 303-782-5083 TO: 3014115+3502 PAGE: 10 i
i D'R A F T' February 4, 1997 I
i i
i l
1.
3.9.5.4
- The licensee shall provide in writing to the Department, no later than June 30th of each calendar year, any licensee f
2 proposed changes, including updated plans, costs or surety 3
I mechanisms, for consideration by the Department.
4 t
5 6
3.9.5.5 The licensee's financial assurance arrangements will be I
reviewed' annually by the Department to assure that t
?
sufficient funds'would be available for completion of the i
8 t
plans if the work had to be performed by an independent 9
contract.or and shall be adjusted to recognize any increases 10 or decreases resulting from inflation or deflation, changes al in engineering plans, activities pettormed, and any other 12 i
conditions affecting costs.
Regard 1cca of whether the work 13 is phased through the life of t.he operation or taken place f
14 15 at the end of the operation, an appropriate portion of i
financial assurance liability shall be ecMAINtained by the 26 licensee until final compliance with the :
t=d-+on 27 DECOMMISSIONING plan is determined by t.he Department.
10 19 This will yield a financial assurance ARRANCEM8NTS that are 20 21 at least sufficient at all times to cover the costs of 1
decommissioning and reclamation of the areas-that are
'32 23 expected to be disturbed before the next license renewal.
The term of the surety mechanism shall be open ended, unless 34 25 it can be demonstrated that another arrangement would
-3G provide an equivalent level of accurance. This assurance would be provided with a surety instrument which is written 21 for a specified period of time (e.g. 5 years) yet which must 28 be automatically renewed unless the surety not.ifies t.he 29 30 3 - 33 31
' APP-07l97 07:30 FFS1:LkB P., PAD 95'GPHE 303-782-5083.
TO:3014415+3502 FWhC:11 s
e DRAFT February 4, 1997 l
r i)
~
1 Department and the principal (the licensee) some reasonable i
2 time (e.g. 90 days) prior to the renewal date of their i
3 Eintention not to renew.
In such a situation l
4 the surety requirement still exists and the licensee would t
i 5
be required to nubmit an acceptable replacement surety t
6 within a brief period of time to allow at least 60 days for l
7 the regulatory agency to collect.
[
8
.9 Proof.of forfeiture shall not be necessary to collect the 10 surety so that in the event that the licensee could not 11 provide an acceptable replacement surety within the required t
l
- 12 time, the surety'shall be automatically collected prior to l
i l..
13 its expiration. The conditions described above would have i
10 to be clearly stated on any surety instrument which is not i
15 open-ended.and must be agreed to by all parties.
l 16 f
17 3,9,5.6 The term of the financial assurance arrangement shall be for l
l'
-l j
18 the period from issuance.of the license until termination of 19; the license by the Department, unless it can be demonstrated j
f
- 20 thht.another arrangement would provide an equivalent 1cvel 21 of assurance. THE LICENSEE SMALL MAINTAIN IN EFFECT ALL r
22 DECOMMISSIONING FINANCIAL ASSURANCES ESTABLISHED BY THE l
t 23 LICENSEE, PURSUANT TO SECTION 3.9.5 OF THIS PARI, IN 24-CONJUNCTION WITH ANY LICENSE ISSUANCE, N MDMENT OR RENENAL.
25 THE AMOUNT OF FINANCIAL ASSURANCE MUST BE INCREASED OR I
2G DECREASED,.AS APPROPRIATE, TO COVER THE DETAILED COST l
27 ESTIMATE FOR DECOMNISSIONING ESTABLISHED PURSUANT TO SRCTION i
l 28 3.9.5.3 OF THIS PART.
ANY LICENSEE WHO t
29 i
4 30 3 - 34 i
it-j i
t i
4
~
._.._.m.-
m._._
APR-07 97 07:30 ' FPGM: LAB 0 PAD 9 62CDPHE ;O3 782 5083 TO:301+415 0 02 PA.E:12 I
.~
l DRAFT February 4, 1997 f
L f
f i
HAS NOT PROVIDED' FINANCIAL ASSURANCE TO COVER THE DETAILED 1
COST ESTIMATE SUBMITTED WITH THE DECOMMISSIONING PLAN SKALL 2
DO SO WHEN THIS RELE DECOMES EFFECTIVE JANUARY 1, 1997 f
3 FOLLOWING AFFROVAL OF THE DECOMMISSIONING PLAN; A LICENSEE 4
MAY REDifCE THE AMOUNT OF FINANCIAL ASSURANCE AS
[
5 t
DECOMMISSIONING PROCEEDS AND WITH TIIE AFPROVAL OF Ti!E l
6 DEPARTMENT.
7 f
9 10 11' 13 f
13
~
i i
i
?
t
?
i l
___4
~
APR-07 97 07:33 FPON:LfB E PAD 913'CDPHE 303-782-5083 T0 30 H4 W ZO2 P W 22 4
D R A._P T February 4, 1997 l
PART 3 1
i 2
APPENDIX A t
. 3 l
4 S
CRITERIA RELATING TO USE OF FINANCIAL 6
TESTS AND PARENT COMPANY CUARANTEES FOR
- )
PROVIDING REASONABLE ASSURANCE 8
OF FUNDS FOR DECOMMISSIONING 9
i 10 1A 12 I.
INTRODUCTION 13 14 AN APPLICANT OR LICENSEE HAY PROVIDE REASONABLE ASSURANCE OF THE 15 AVAILABILITY OF FUNDS FOR DECOMMISSIONING ILASED ON OBTAINING A PARENT 16 COMPANY GUARANTEE THAT FUNDS WILL BE AVAILABLE FOR DECOMMISSIONING COSTS i
17 AND ON A DEMONSTRATION THAT THE PARENT COMPANY PASSES A FINANCIAL TEST.
18 THIS APPENDIX ESTABLISHES CRITERIA FOR PASSING THE FINANCIAL TEST AND 19 FOR ODTAINING THE PARENT COMPANY GUARANTEE.
l 20 i
21 II.
FINANCTAL TEST 22 23 A.
TO PASS THE FINANCIAL TEST, THE PARENT COMPANY NUST MEET TilB 24 CRITERIA OF EITHER PARAGRAPH A.1. OR A.2. OF THIS SECTION:
h i
25 36 1.
THE PARENT COMPANY MUST RAVE:
(
27 28 (I)
TWO OF THE FOLLOWING THREE RATIOS:
A RATIO OF TOTAL 29 LIABILITIES TO NET WORTH LESS THAN 2.0; A tATIO OF THE 30 SUM OF NET INCOME FLUS DEPRECIATION, DEPLETION, AND 3 - 92
- (4f'-07 97 07:33 FPOM: LAB B PAD SW'GME 303-7A2-5083 TO:301+415+3502 Pf6E:23 DRA FT February 4, 1997 1
AMORTIZATION TO TOTAL LIABILITIES GREATER THAN 0.1; 2
AND RATIO OF CURRENT ASSETS TO CURRENT LIABILITIES 3
GREATER THAN 1,5; AND-4 5
(II)
NET WORKING CAPITAL AND TANGIBLE NET WORTH EACH AT 6
LEAST TEN TIMES THE CURRLNT DECOMMISSIONING COST 7
ESTIMATES (OR PRESCRIBED AMOUNT IF A CERTIFICATION IS 8
USED); AND 9
10 (III) TANGIBLE NET WORTH OF AT LEAST $10 MILLION; AND 11 12 (IV) ASSETS LOCATED IN THE UNITED STATES AMOUNTING TO AT 13 LEAST 90' PERCENT OF TOTAL ASSETS OR AT LEAST TEN TIMES 14 THE CURRENT DECOMMISSIONING COST ESTIMATES (OR 15 PRESCRIDED AMOUNT IF A CERTIFICATION IS USED).
16 17 2.
THE PARENT COMPANY MUST HAVE:
IB 19 (I)
A CURRENT RATING FOR ITS MOST RECENT BOND ISSUANCE OF 20 AAA, AA, A,
OR BBB AS ISSUED BY STANDARD AND POOR'S OR 21-AAA, AA, A,
OR BAA AS ISSUED BY MOODY'S; AND 22 23 (II)
TANGIBLE NET WORTH AT LEAST TEN TIMES THE CURRENT 24 DECOMMISSIONING COST ESTIMATE (OR PRESCRIBED AMOUNT IF 25' A CERTIFICATION IS USED); AND 26 27 (III)
TANGIBLE NET WORT!1 OP AT LEAST $10 MILLION; AND 2a 29 (IV) ASSETS LOCATED IN THE UNITED STATES AMOUNTING TO AT 30 LEAST 90 PERCENT OF TOTAL ASSETS OR AT LEAST TEN TIMES 3 - 93
l n AF9-07 97 07 33 FPCH: LAB E PAD CMPCDFM
-~.03-782 e083 TO 301 W "' G 2 MM J
D R-A FT Pobruary 4, 1997 i
THE CURRENT DECOMMISSIONING COST ESTIMATED (OR l
I 2
PRESCRIDED AMOUNT IF CERTIFICATICN IS USED).
3 4
p.
THE PARENT COMPANY'S INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT MUST S
HAVE COMPARED THE DATA USED BY THE PARENT CONPANY IN THE FINANCIAI.
j G
TEST, WHICH IS DERIVED FROM INDEPENDENTLY AUDITED, YRAR END i
7 FINANCIAL STATEMENTS FOR THE !.ATEST FISCAL YEAR, WIT!! THE AMOUNTS 0
IN SUCH FINANCIAL STATEMENT.
IN CONNECTION WITH THAT PROCEDURE 9
THE LICENSEE SHALL INFORM THE DEPARTMENT VITHIN 90 DAYS OF ANY 10 MATTERS COMING TO THE AUDITOR' S ATTENTICN W111CH CAUSE THE AUDITOR 11 TO BELIEVE THAT THE DATA SPECIFIED IN THE FINANCIAL TEST SHOtfLD BE l
12 ADJUSTED AND THAT THE COMPANY NO LONGER PASSES THE TEST.
13 l
14 C.
1.
AFTER THE INITIAL FINANCIAL TEST, THE PARENT COMPANY HUST 15 REPEAT THE PASSAGE OF THE TEST WITHIN 90 DAYS AFTER THE 16 CLOSE OF EACH SUCCEEDING FISCAL YEAR.
17 18 2.
IF Tl!E PARENT COMPANY NO LONGER MEETS THE REQUIREMENTS OF 19 PARAGRAPH A OF THIS SECTION, THE LICENSEE MUST SEND NOTICE 20 TO THE DEPARTMFNT OF INTENT TO ESTABLISH ALTERNATE FINANCIAL 21 ASSURANCE AS SPECIFIED IN THE DEPARTMENT'S REGULATIONS.
THE 22 NOTICE MUST DE SENT BY CERTIFIED MAIL WITHIN 90 DAYS AFTER 23 THE END OF THE FISCAL YEAR FOR WHICH THE YEAR END FINANCIAL I
34 DATA SHOW THAT THE PARENT COMPANY NO LONGER MEETS THE 25 FINANCIAL TEST REQUIREMENTS. THE LICENSEE MUST PROVIDE 26 ALTERNATE FINANCIAL ASSURANCE WITHIN 120 DAYS AFTER THE END 27 OF SUCl! FISCAL YEAR.
l 28 29 h
=
3 - 94 I
I
RPP-07. 97 07:33 FPoli: LAB f4 PAD Si&CDPHE 303-782-5083 TO:301+415+3502 PAGE:25
.i D RAFT February 4, 1997 l
l i
I III.
PARENT COMPANY GUARANTEE 2
3 THE TERMS OF A PARENT COMPANY CUARANTEE WHICH AN APPLICANT OH LICENSEE 4
OBTAINS MUST PROVIDE T11ATJ 5
l 6
A.
THE PARENT COMPANY GUARANTEE WILL REMAIN IN FORCE UNLESS THE 7
GUARANTOR SENDS NOTICE OF CANCELLATION DY CERTIFIED MAIL TO THE O
LICENSEE AND Ti(E DEPARTMENT.
CANCELLATION MAY NOT OCCUR, HOWkV, ER,
r p
DURING THE 120 DAYS BEGINNINO ON THE DATE OF RECEIPT OF THE NOTICE f
10 OF CANCELLATION BY DOTH THE LICENSEE AND THE DEPARTMENT, AS 11 EVIDENCED BY THE RETURN RECEIPTS.
12 7
13 B.
IF THE LICENSEE FAILS TO PROVIDE ALTERNATE FINANCIAL ASSURANCE AS 14 SPECIFIED IN THE DEPARTMENT'S RECULATIONS WITHIN 90 DAYS AFTER 15 RECSIPT BY THE LICENSEE AND DEPARTMENT OF A NOTICE OF CANCELLATION 16 OF THE PARENT COMPANY GUARANTEE FROM THE GUARANTOR, THE GUARANTOR 17 WILL PROVIDE SUCH ALTERNATIVE FINANCIAL ASSURANCE IN Tile NAME OF 10 THE LICENSEE.
1?
20 C.
THE PARENT COMPANY GUARANTEE AND FINANCIAL TEST PROVISIONS MUST 31 REMAIN IN EFFECT UNTIL THE DEPARTMENT HAS TERMINATED THE LICENSE 22 OR UNTIL ANOTHER FINANCIAL ASSURANCE METHOD ACCEPTABLE TO THE 23 DEPARTMENT HAS BEEN PUT IN EFFECT BY THE LICENSEE.
24 l
25 D.
IF A TRUST IS ESTABLISHED FOR DECOMMISSIONING COSTS, THE TRUSTEE l
l 26 AND TRUST MUST BE ACCEPTABLE TO THE DEPARTMENT. AN ACCEPTABLE 27 TRUSTEE INCLUDES THE FOLLOWING: AN APPROPRIATE STATE OR FEDERAL 28 GOVERNMENT AGENCY OR AN ENTITY WHICH !%S THE AUTHORITY TO ACT AS A f
2 9 --
TRUSTEE AND WHOSE TRUST OPERATIONS ARE RECULATED AND EXAMINED BY A 30 STATE OR FEDERAL AGENCY.
3 - 95 r
.. ~.-.
APR-07 97 67:34 FPC#1: LAB & PRD c/ 9 CDPHE 303-782 5083 TO:301+415+3502 PAGE:26 i
l p R A F_T February 4, 1997 l
t l
f 1
PART 3 i
9 2
3 APPENDIX B 6
4 3
5 CRITERIA RETATING TO USE OF I
6 FINANCIAL TESTS AND SELF GUARANTEES FOR 7
PROVIDING REASONABLE ASSURANCE OF FUNDS POR DECOMMISSIONING 8
t i'
9 10 I.
INTRODUCTTON 11 12 AN APPLICANT OR LICENSEE MAY PROVIDE REASONABLE ASSURANCE OF THE 13 AVAILABILITY OF FUNDS FOR DECOMMISSIONING, DASED ON FURNISHING ITS OWN 14 GUARANTEE THAT FUNDS WILL BE AVAILADLE FOR DECOMMISSIONING COSTS, AND ON 15 A DEMONSTRATION THAT THE COMPANY PASSES THE FINANCIAL TEST SECTION II OF i
16 THIS APPENDIX. THE TERMS OF THIS SELF-GUARANTEE ARE IN SECTION III OF r
17 THIS APPENDIX.
THIS APPENDIX ESTABLISHES CRITERIA FOR PASSING THE 18 FINANCIAL TEST FOR THE SELF-GUARANTEE AND ESTABLISHES THE TERMS FOR A 19 SELF-GUARANTEE.
20 21 II.
FINANCIAL 'TRST i
22 23 A.
TO PASS THE FINANCIAL TEST, A COMPANY MUST MEET THE ALL OF THE j
24 FOLLOwING CRITERIA:-
25 26 1.
A TANGIBLE NET WORTH OF AT LEAST TEN TIMES THE TOTAL CURRENT 27 DECOMMISSIONING COST ESTIMATE (OR THE CURRENT AMOUNT 28 REQUIRED IF CERTIFICATION IS USED) FOR ALL DECOMMISSIONING 1
29 ACTIVITIES FOR WHICH THE COMPANY IS RESPONSIBLE AS SELF-4 30 GUARANTEEING LICENSEE AND AS PARENT-GUARANTOR.
1 l
3 - 96 i
I i
l
_. _ _. _. _ _. ~.. _. _ _ _ -
... ~. _. _.. - _ _.. _. ~.. -. _ _. _. -
AFF-07 97 07i34 FP011: LAB 8 PAD SH$'CDPHE 303-782-5083 TO:301+415+3502 PAGE:27
'l
+
DRA FT February 4, 1997 1
I l
)
1 l
9 2
2.
ASSETS LOCATED IN THE UNITED STATES AMOUNTING TO AT LEAST 90 3
PERCENT OF TOTAL ASSETS OR AT LEAST TEN TIMES THE CURRENT DECOMMISSIONING' COST ESTIMATES (OR THE ' CURRENT AMOUNT 4
5 REQUIRED IF CERTIFICATION IS USED) FOR ALL DECOMMISSIONING 6
ACTIVITIES FOR WHICH THE COMPANY IS RESPONSIBLE AS SELP-t
.7 GUARANTEEING LICENSEE AND AS PARENT-GUARANTOR.
B 9
3.
A CURRENT' RATING FOR ITS MOST RECENT DOND ISSUANCE OF AAA, j
10 AA, OR A As ISSUED BY STANDARD AND POOR'S OR AAA, AA, OR A i
11 AS ISSUED BY MOODY'S, AND, 12 13 B.
TO PASS THE FINANCIAL TEST, A COMPANY MUST MEET ALL OF 14 THE FOLLOWING ADDITIONAL REQUIREMENTS:
i 15-l 16' (1)
THE COMPANY.MUST HAVE AT LEAST ONE CLASS OF l
l 17 EQUITY SECURITIES REGISTERED UNDER THE 1
18 SECURITIES EXCMANCE ACT OF 1934.',
19 f
20 (2)
THE COMPANY'S INDEPENDENT CERTIFIED PUBLIC 21 ACCOUNTANT MUST HAVE COMPARED THE DATA USED BY l
22 THE COMPANY IN THE FINANCIAL TEST WHICH IS i
l 23 DERIVED FROM THE INDEPENDENTLY AUDITED, YEAR END 24 FINANCIAL STATEMENTS FOR THE I.ATEST FISCAL YEAR,
{
25' WITH THE AMOUNTS IN SUCH FINANCIAL STATEMENT.
26 IN CONNECTION WITH THA
T. PROCEDURE
, THE LICENSEE 27 SHALL INFORM THE DEPARTMENT WITHIN 90 DAYS OF 20 ANY MATTERS COMING TO THE ATTENTION OF THE 29 AUDITOR THAT CAUSE 7tts AUDITOR TO BELIEVE THAT 1
30 THE DATA SPECIFIED IN THE FINANCIAL TEST SHOtTLD
?
s 3 - 97
~.
~... - -
APP-07 97 07:35 FPC21:LRS S Pife c)S CDPHE "03-782-5033 TO:30lM15+3502 PAGE:28 i
D R'A F T February 4, 1997 i
I i
1 BE ADJUSTED AND THAT THE COMPANY NO LONCER l
2, PASSES THE TEST.
l 3
)
4 (3)
AFTFR THE INITIAL FINANCIAL TEST, THE COMPANY 5
MUST REPEAT PASSACE OF THE TEST WITHIN 90 DAYS 6
AFTER THE CLOSE OF EACH SUCCEEDING YISCAL YEAR.
j l
7 8
C.
IF THE LICENSEE NO LONGER MEETS THE REQUIREMENTS OF*SECTION i
9 II.A. OF T11IS APPENDIX, THE LICENSEE MUST SEND IMMEDIATE i
10 NOTICE TO THE DEPARTHENT OF ITS INTENT TO ESTABLISH 11.
ALTERNATE FINANCIAL ASSURANCE AS SPECIFIED IN THE 12 DEPARTMENT'S REGULATIONS WITi!IN 120 DAYS OF SUCH NOTICE.
13 14 III.
COMPANY S ELF-GITARANTEE 15 16 THE TERMS OF A SELF-GUARANTEE WHICH AN APPLICANT OR LICENSEE FURNISHES 17 MUST PROVIDE THAT:
le 19 A.
THE GUARANTEE WILL REMAIN IN FORCR UNLESS THE LICENSEE SENDS 20 NOTICE OP CANCELLATION BY CERTIFIED MAIL TO THE DEPARTMENT.
21 CANCELLATION MAY NOT OCCUR, HOWEVER, DURING THE 120. DAYS BEGINNING 22 ON Tile DATE OF RECEIPT OF THE NOTICE OF CANCELLATION BY THE 23 DEPARTMENT, AS EVIDENCED BY THE RETURN RECEIPT.
24 25 O.
THE LICENSEE SHALL PROVIDE ALTERNATIVE FINANCIAL ASSURANCE AS 26 SPECIFIED IN THE DEPARTMENT'S REGULATIONS WITHIN 90 DAYS FOLLOWINC 27 RECEIPT BY THE DEPARTMENT OF A NOTICE OF CANCELLATION OF THE 28 GUARANTER.
39 30 3-98
. ~ -. - -
APP-07,97 07:35 FPCs t: LAB t PAD 9 5 'CDFHE 303-782-5083 T0:301+415+3502 PME: 29 j
PR AFT February 4, 1997 l
4 i
A C.
THE GUARANTEE AND FINANCIAL TEST PROVISIONS Mi[S*1 REMAIN IN EFFECT 2
UNTIL THE DEPARTMENT RAS TERMINATED THE LICENSE OR UNTIL ANOTHER 3
FINANCIAL ASSURANCE METHOD ACCEPTABLE TO THE DEPARTMENT HAS BEEN 4
PUT IN EFFECT BY TIIE LICENSEE.
5 G
D.
THE LICENSEE WILL PROMPTLY FORNARD TO THE DEPARTMENT AND THE 7
LICENSEE'S INDEPENDENT AUDITOR ALL REPORTS COVERING THE LATEST 8
l FISCAL YEAR FILED DY THE LICENSEE WIT!! THE SECURITIES AND EXCHANGE 9
COMMISSION PURSUANT TO THE REQUIREMENTS OF SECTION 13 OF TIIE 10 SECURITIES AND EXCHANGE ACT OF 1934.
la 12 E.
IF, AT ANY TIME, THE LICENSER'S MOST RECENT BOND ISSUANCE CEASES l
13 TO DE RATED IN ANY CATEGORY OF "A" OR ABOVE UY EITHER STANDARD AND 14 POORS AND HOODYS, THE LICENSEE WILL PROVIDE NOTICE IN WRITING OF IS SUCH FACT TO TIIE Dh?ARTMENT WITif1N 20 DAYS AFTER PUBLICATION OP l
16 THE CHANGE DY THE RATING SERVICE.
IF THE LICENSEE'S MOST RECENT i
i 17 BOND ISSUANCE CEASES TO BE RATED IN ANY CATEGORY OF A OR ABOVE BY i
10 BOTH STANDARD AND POORS AND MOODYS, THE LICENSEE NO LONGER MEETS I
19 THE REQUIREMENTS OF SECTION II.A. OF THIS APPENDIX.
30 31 F.
THE APPLICANT OR LICENSEE MUST PROVIDE TO T!!E DEPARTMENT A WRITTEN 22 GUARANTES (A WRITTEN COMMITMENT BY A CORPORATE OFFICER) W!!ICH 23 STATES THAT THE LICENSEE NILL FUND AND CARRY OUT~THE REQUIRED 34 DECOMMISSIONING ACTIVITIES OR, UPON ISSUANCE OP AN ORDER BY THE 25 DEPARTMENT, THE LICENSEE NILL SET UP AND FUND A TRUST IN Tite 26 AMOUNT OF THE CURRENT COST ESTIMATES FOR DECOMMISSIONING.
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EXECUTIVE TASK MANAGEMENT SYSTEM
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TASK # - 7S-83
--DATE- 0 4 / 0 7 / 9 7 ------ - ---- ------
MAIL CTRL. - 1997
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TASK STARTED - 04/07/97 TASK DUE - 04/21/97 TASK COMPLETED -
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TASK DESCRIPTION - COLORADO NOTIFICATION OF INCIDENTS, PARTS 20, 30, 31 M JM 4 0, 70 REQUESTING OFF. - COL.
REQUESTER - QUILLIN WITS -
0 FYP - N PROG.- PML PERSON -
STAFF LEAD - PML PROG AREA -
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PROJECT STATUS -
OSP DUE DATE: 4/22/97
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PLANNED ACC.
-N LEVEL CODE -
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3.6.4.3.3.2 by a person holding an applicable specific license
'from the Department, the U.S. Nuclear Regulatory cometission, an Agreement State or a Licensing State to perform such activities; 3.6.4.3.4 shall maintain records showing compliance with the requirements of RE 3.6.4.3.2 and RB 3.6.4.3.3.
The records shall show the results of tests. The records also shall show the dates of performance of, and the names of persons performing, testing, installation, servicing, and removal from installation & ~ ~i== the radioactive material, its shielding or cone =4mmant.
Records of tests for leakage of radioactive material required by RH 3.6.4.3.2 shall be maintained for 1 year after the next required leak test is performed or until the sealed source is transferred or disposed of.
Records of-tests of?the "casoff* mechanism and indicator required by RE 3.6.4.3.2 shall be maintained for 1 year after the next requirsd test of the "on-offa meahanism and indicator is --
performed or until the sealed source is transferred or disposed of.
Records which are required by RH 3.6.4.3.3 mhall be amintained for a period of 2 years from the date of the recorded event or until the device is transferred or disposed of; NAC_
O/* N @ upon the occurrence of a failure of or damage to, 3.6.4.3.5 or any indication of a possible failure of or damage to, the shielding of the radioactive material or the "on-off" mechanism or indicator, or upon the detection of 0.005 microcurie (105 Bq) or more removable radioactive material, shall immediately su= - d operation of the device until it has been repaired by the manufacturer or other person holding an applicable specific license from the Department, the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State l
to repair such devices, or disposed of by transfer to a person authorized by an applicable specific license to receive the radioactive material contained in the device and, within 30 days, furnish to the Department a report containing a l
brief description of the event and the z w.2 dial action taken; i
3.6.4.3.6 shal*5 not =handan the device containing radioactive material; i
t 3 - 15 l
4 1
December 30, 1990 1
-.. ~. -.. _ - - _. - -.
i e
3.6.4.3."1 except as provided in RH 3.6.4.3.8, shall transfer or dispose of the device containing radioactive material only by transfer to a specific licensee of the Department, the U.S. Nuclear Regulatory connission, an Agreement state or a Licensing state whose specific license authorizes him to receive the device and within 30 days after transfer of a device to a specific liceu es shall furnish to the Department a report containing identification of the device by manufacturer's name and model number and the name and address of the person receiving the device. No report is required if the device is transferred to the specific licensee in order to obtain a replacement device; 3.6.4.3 s shall transfer the device to.another general licensee only:
~ ~ -
~
3.6.4.3.8.1 where the device r - 4na in use at a particular the transferee a copy of this regulation a:Ei~.give location. In such case the transferor shall any t
safety documents identified in the label on the I
device and within 30 days of the transfer, report to the Department the manufacturer's name and model number of device transterred, the name and address I
of the transferee, and the name and/or position of an individual who may constitute a point of contact between the Department and the transferees or 3.6.4.3.8.2 where the device is held in storage in the original shipping container at its intended location of use prior to initial use by a general licensee; and l
3.6.4.3.9 shall coagly with the provisions of RE 4.51 and 4.52 of these regulations for reporting radiation incidents, theft, or loss of licensed material, but shall be exempt from the other requirements of Parts 4 and 10 of these regulations.
3.6.4.4 The general license in RE 3.6.4.1 does not authorize the manufacture of devices containing radioactive material.
l 3.6.4.5 The general license provided in RE 3.6.4.1 is subject to the provisions of RE 1.4 through 1.9, 3.15, 3.22, 3.23 and Part 17 of these regulations.
3.6.5 Lwninous safety Der :.ces for Aircraf t, 3.6.5.1 A general license is hereby issued.to. receive,.
acquire, possess, and use tritium or promethium-147 contained in luminous safety devices for use in aircraft, provided:
l l
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3 - 16 January 1, 1994 l
l
l 4.46.3 Recordkeecina Formet. The licensee or registrant shall maintain the records itied in RH 4.46.1 on Department Form OR-RH-17, 3
Occupational sure Record for a Monitoring Period, in accordance wit the instructions for Department Form OR-RH-17, or in clear and legible records containing all the information required by Department Form OR-RN-17.
4.46.4 The licensee or registrant shall maintain the records of dose to
'an embryo / fetus with the records of dose to the declared pregnant woman. The declaration of pregnancy, including the estimated date of conception, shall also be kept on file, but may be maintained' separately from the dose records.
4.46.5 The licensee or registrant shall retain each required form or record until the Department terminates each pertinent license or registration requiring the record.
4.46.6 Upon termination of the license or registration,"the licensee or registrant shall permanently store records on Department Form OR-RH-16 or equivalent, or shall make provision with the Department for transfer to the Department.
RH 4.47 Records of Dose to Individual M*=hars of the Public.
4.47.1 Each licensee or registrant shall maintain records sufficient to demonstrate com of the public. pliance with the dose limit for individual members See RH 4.14.
4.47.2
.,The licensee or registrant shall retain the records required by RH 4.47.1 until the Department terminates each pertinent license or registration requiring the record.
RH 4.48 Records of Waste Disnesal.
4.48.1 Each licensee or registrant shall maintain records of the disposal of licensed or registered materials made pursuant to l
RH 4.34, 4.35, 4.36, 4.37 i
disposal by burial in soli,Part 14 of these regulations, andincluding burials authorized before December 30, 1985.
4.48.2 The licensee or registrant shall retain the records required by RH 4.48.1 in accordance with RN 3.15.4 until the Department tezuinates each pertinent license or registration requiring the record.
RH 4.49 Records of Testino Entry Control Devices for Very Hioh Radiation Areas.
4.49.1 Each licensee or registrant shall maintain records of tests made pursuant to RH 4.21.2.9 on entry control devices for very high radiation areas. These records must include the date, time, and results of each such test of function
(
i 4 - 35 January 1, 1997 l
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4.49.2 g.
The licensee or registrant shall retain the records required by
- RH 4.49.1 for 3 years after the record is made.
RH 4.50 Form of maaards.
throughout the specified retention period. The record shall beEach record req f
the original or a reproduced copy or a microform, provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy i
throughout the required retention period or the record may also be stored in Department-approved electronic media with the capability for prad--f ag legible, accurate, and complete records i
during the required retention period. Records, such as letters, drawings, and specifications, shall include all pertinent l
information, such as' stamps, initials, and signatures. The
' licensee shall maintain adequate safeguards againgt tampering with and loss of records.
REPORTS RE 4.51 Reports of Stolen, Lost. or Missina Lir====ad or Racistered
@pf i
sources of Radiation.
j 0
3 j
O pD 4.51.1 Te1=ahaam manarts.
Each licensee or registrant shall report to the Department by telephone as follows:
4.51.1.1 Immediately after its occurrence becomes known to the licensee or registrant, stolen, lost, or missing licensed or registered radioactive material in an aggregate quantity equal to or greater than 1,000 times the quantity specified i
in _(ap=ad h c under such circumstances that it appears to the licensee or registrant that an exposure could result to 1
individuals in unrestricted areas; or i
t 4.51.1.2 Within 30 days af ter its occurrence becomes known to the licensee or registrant, lost, stolen, or missing licensed or registered radioactive material in an aggregate quantity greatkr than 10 times em quantity specified in Appendix C that is still missing.
l l
4.51.1.3 Inmediately after its occurrence becomes known to the t
registrant, a stolen, lost, or missing. radiation machine.
4.51.2 Written Reports. Each licensee or registrant required to make a I
report pursuant to RH 4.51.1 shall, within 30 days after making the telephone report, make a written report to the Department setting forth the following information:
4.51.2.1 A description of the licensed or regist'ered source of radiation involved, including, for radioactive material, the kind, quantity, and chemical and physical forms and, for radiation machines, the manufacturer, model and serial i
number, type and maximum energy of radiation emitted, t
4.51.2.2 A description of the circumstances under which the loss or
{
theft occurred; and t
i 4 - 36 t
January 1, 1994
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4.51.2.3 A statement of disposition, or probable disposition, of the i
.j licensed or registered source of radiation involved; and i
i 4.51.2.4 Exposures of individuals to radiation, circumstances under which the exposures occurred, and the possible total effective I
dose equivalent to persons in unrestricted areas; and 4.51.2.5 Actions that have been taken, or will be taken, to recover the source of radiation; and j
4.51.2.6 Procedures or measures that have been, or will be, adopted to ensure against a recurrence of the loss or theft of licensed or l
registered sources of radiation, j
4.51.3 subsequent to filing the written report, the licensee or registrant i
shall also report additional substantive information on the loss or i
theft within 30 days after the licensee or registrant learns of such information.
4.51.4
' The licensee or registrant shall prepare any report filed with the Department pursuant to RH 4.51 so that names of individuals who may have received exposure to radiation are stated in a separate and detachable portion of the report.
RR 4.52 Notification of Incidents.
/I,%
T- -14=te Motification.
Notwiths*d4=' other requirements for G O,59 (4.52.1
' notirication, each licensee or registrait shall notify the e,7 Department as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after the
[
discovery of an event.
2 i
\\p-. JJoq registrant tha IN volving a source of radiation possessed by the licensee or 4.52.1.1 o
have caused or threatens to cause any of i
the following tions:
k j g An individual to receives 4.52.1.1.1 f
[t) A total effective dose equivalent of 0.25 sv (25 rem) f 4.52.1.1.1.1 or mores or i
f h) An eye dose equivalent of 0.75 Sv (75 rem) 4.52.1.1.1.2 or more; or A shallow dose equivalent to the skin or extremities
[
p[)or a_ total organ dose equivalent of 2.5 Gy (250 rad) 4.52.1.1.1.3 l
i or morerm t
4.52.1.1.2 hjThereleaseofradioactivematerial,insideet outside of a restricted area, so that, had an individual been present t
for 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> the individual could have received an intake five times tbe oc ational ALI.
This provision does not apply to locations Whii personnel are not normally
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stationed during routine operations,, such as hot-cells or j
i g
rocess enclosures.
30.ID r
4.52.1.2 That prevents immediate protective actions necessary to avoid
+
(N exposures to radiation and/or radioactive materials that could
\\ xceed regulatory limits or releases of licensed material that could exceed regulatory limits (events may include fires, explosions, toxic gas releases, etc.).
[
4.52.2 Twenty-Four Hour Notification. Each licensee or registrant shall, I
aq220;gwithin24 hours of discovery of the event, report to the Department:
4.52.2.1 Each event involving loss of control of a licensed or i
registered source of radiation possessed by the licensee or registrant that may have caused, or threatens to cause, any of the following conditions:
l 4 - 37 l
t November 30, 1994
?
h
?
r 4.52.2.1.1
()) An individual to receive, in a period of 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s:
4.52.2.1.1.1 A total effective dose equivalent exceeding 0.05 Sv ln (5 rem); or 4.52.2.1.1.2 g An eye dose equivalent exceeding 0.15 Sv (15 rem); or
)
4.52.2.1.1.3 P
(I') A shallow dose equivalent to the skin or extremities or eJotaQrgan_ dose equivalent exceeding 0.5 Sv (50 rem); or D) The release of radioactive material, inside or outside of a 4.52.2.1.2 restricted area, so that, had an individual been present for 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, the individual could have received an intake in excess of one occupational ALI.
This provision does not apply to locations where personnel are not normally stationed during routine operations, such as hot-cells or process enclosures.
4.52.2.2 3
An' unplanned contamination event that:
T3 4.52.2.2.1 b Requires access to the contaminated area, by workers or the 4
I i
D-public, to be restricted for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by imposing additional radiological controls or by prohibiting entry into the area;
}
4.52.2.2.2.-
Involves a quantity of material greater t-han five times the
-4 lowest annual limit on intake specified in Appendix B of Part 4 for the material; and
.\\'
4.52.2.2.3 (pi Eas access to the area restricted for a reason other than to allow isotopes with a half-life of less than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to D
decay prior to decont mmination.
W N
4.52.2.3
-(;) An event in which equipment is disabled or fails to function as designed when:
0 t.
4.52.2.3.1 N,
(j) The equipment is required by regulation or license g
condition to prevent releases exceeding regulatory limits, to prevent exposures to radiation and/or radioactive materials exceeding regulatory limits, or to mitigate the consequences of an accident; and 4.52.2.3.2 lfi) The equipment is required to be available and operable when it is disabled or fails to function during the event; and 4.52.2.3.3
( p,) No redundant equipment is available and operable to perform the required safety function.
@ An event that requires unplanned medical treatment at a medical 4.52.2.4 facility of an individual who's body or clothing is contaminated with spreadable radioactive material.
4.52.2.5 o>
An unplanned fire or explosion damaging any licensed material or any device, container, or equipment containing licensed material when:
4.52.2.5.1 The quantity of material involved is greater than five times the lowest annual limit on intake specified in Appendix B of Part 4 for the material; and 4.52.2.5.2 The damage affects the integrity of the licensed material or its container.
L--
RH 4.53, q; Preoaration and Submission of Reoorts.
4.53bk Reports made by licensees or registrants in response to the requirements of RH 4.52, must be made as follows:
4 - 38 I
J November 30, 1994 a
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4.53.1.1 l ')
Licensees or registrants shall make the reports required by
,I RH 4.52.1 and 4.52.2 to the Department by telephone, and by yf, g telegram mailgram or facsimile.
To the extent that the information is ava11able at the time of notification, the
/
information provided in these reports must included:
g Y
g(
x g
4.53.1.1.1 (i The caller's name and call back telephone number; k
")
6 4.53.1.1.2 A description of the event including date and time; V
X 4.53.1.1.3
,,0 The exact location of the event; p,/g g
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4.53.1.1.4 The isotopes, quantities, and chemical and physical form of y,}
t
the licensed material involved; and A );
4.53.1.1.5
&) Any personnel radiation exposure data available.
4.53.1.2 A Each licensee or registrant who makes a report required by RH 4.57 1 7 4.52.2 shall submit a written follow-up report to the Departmenv. pursuant to RE 4.53.3 within 30 days of the initial y report. Wrstten reports prepared pursuant to other regulations may be submitted to fulfill this requirement if the reports
.)
a-contain all of the necessary information and the appropriate r
distribution is mtde.
b The provisions of RH 4.52 do not apply to doses that result 4.53.1.3 t
.p' from planned special exposures, provided such doses are within 3',' t p'
the limits for planned special exposures and are reported r
g pursuant to RH 4.54.
4.53.2
- Reports of Exposures. Radiation Levels. and concentrations of 0 k"Inotification required by RH 4.52, Radioactive Material Exceedino the L2mits.
In addition to the
- 0 '.3 L
each licensee or registrant shall submit a written report to the Department within 30 days after learning of any of the following occurrences:
(i) Incidents for which notification is required by RH 4.52; or 4.53.2.1 4.53.2.2 (z Doses in excess of any of the following:
4.53.2.2.1 (i) The occupational dose limits for adults in RE 4.6; or The occupational dose limits for a minor in RH 4.12; or 4.53.2.2.2 n
4.53.2.2.3 The limits for an embryo / fetus of a declared pregnant woman in RH 4.13; or 4.53.2.2.4 jv-The limits for an individual member of the public in RH 4.34; or 4.53.2.2.5
% Any applicable limit in the license or registration; or 4.53.2.3 c, Levels of radiation or concentrations of radioactive material an:
4.53.2.3.1 A restricted area in excess of applicable limits in the license or registration; or
', i An unrestricted area in excess of 10 times the applicable 4.53.2.3.2 limit set forth in Part 4 or in the license or registration, whether or not involving exposure of any individual in excess of the limits in RH 4.14; or 4 - 39 November 30, 1994
.. _ _.. - _ _ _ _ ~. _ _ _. _
e~
4.53.2.4
[! For licensees subject to the provisions of U.S. Environmental Protection Agency *s' generally applicable environmental i
radiation standards in 40 CFR 1DD' levels of radiation or I'
i releases of radioactive material i,n excess of those standards, I
or of license conditions related to those standards.
4.53.3 M Contents of Written Reoorts, f
4.53.3.1 Bach report required by RH 4.5?.1.2 or 4.53.2 shall include the following, as appropriate:
4.53.3.1.1 A description of the event, including the possible cause t
any equipment that failed or malfunctioned pplicable) and the manufacturer and model number (if a of 4.53.3.1.2 The exact location of the event:
4.53.3.1.3 The isotopes, quantities, and chemical and ph>
..a1 form of the licensed material involved; 4.53.3.1.4 N Date and time of the events.
4.53.3.1.5 The results of any evaluations or assessments, including:
4.53.3.1.5.1 j 9 Estimates of each individual's dose; 4.53.3.1.5.2
'I" The levels of radiation and concentrations of radioactive material involved; 4.53.3.1.5.3' pi The cause of the elevated exposures, dose rates, or concentrations; and i
4.53.3.1.5 4'
.,.y Corrective
- steps taken or planned to ensure against a recurrence, including the schedule for achieving conformance with applicable limits, generally applicable environmental standards, and associated license or registration conditions.
4.51.3.2
( 2) Each report filed pursuant to RE 4.53 shall include for each l
individual exposed: the name, social security account number, l
and date of birth. With respect to the limit for the embryo / fetus in RE 4.13, the identifiers should be those of the j
declared pregnant woman. The report shall be prepared so that this information is stated in a separate and detachable portion of the report.
l RH 4.54 Renorts of Planand _eaacini : - - - --- - as.
'the licensee or registrant i
J shall submit a written report to the Department within 30 days f LM y following any planned special exposure conducted in accordance with h
RH 4.11, informing the Department that a planned special exposure j
was conducted and indicating the date the planned special exposure occurred and the information required by RN 4.45.
'A certified copy of the referenced material is available for public inspection during normal business hours at the Radiation Control Division, 4300 Cherry Creek Drive South, B-1, Denver, Colorado. These rules do not include later ain=nthnents of the referenced material. Certified copies of the referenced material will be provided at cost upon request from the Radiation Control l
Division at the following mailing address: Director, Radiation Control Division, RCD-DO-R1, Colorado Department of Health, 4300 Cherry Creek Drive south, Denver, Colorado, 80220-1530.
i I
4 - 40 November 30, 1994 i
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RH 4.55 Reserved.
I Renorts of Individual Monitorina.
R2 4.56 4.56.1 This*section applies to each person licensed or registered by the Department to:
4.56.1.1 Possess or use sources of radiation for purposes of industrial radiography pursuant to Parts 3 and 5 of these regulations; or 4.56.1.2 Receive radioactive waste from other persons for dispcsal pursuant to Part 14 of these regulations; or 4.56.1.3 Possess or use at any time, for processing or manufacturing ror distribution pursuant to Part 3 or 7 of these regulations, radioactive material in quantities exceeding any one of the following quantities:
maazonuclios Activity-Ci GBa Cesium-137 1
37 Cobalt-60 1
37 Gold-198 100 3,700 Indina-131 -
1 37 Iridium-192 10 370 Krypton-85 1,000 37,000 Promethium-147 10 370 Ts7== tium-99m 1.000 37.000 The Department any require as a license candition, or Dy rule, e
.lation,'or order pursuant to as 1.9, reports from licensees or registrants who are licensed or registered to use radionuclides not en this list, in quantities sufficient to cause comparable radiation levels.
4.56.2 Each licensee or registrant in a category listed in RE 4.56.1 shall submit an annual rt to the Department of the results of individual monitor carried out by the licensee or registrant for each individual for monitoring was required by RE 4.18 during that year. The licensee or registrant may include additional data for individuals for whom monitoring was provided but not required.
The licensee or registrant shall use Department Form OR-RE-17 or equivalent or Department-ap~ proved electronic media containing all the information required by Department Form OR-RE-17.
4.56.3 The licensee or registrant shall file the report required by RE 4.56.2, covering the preceding year, on or before April 30 of each year.
RH 4.57 Notifications and Renorts to Individuals.
4.57.1 Requirements for notification and reports to individuals of exposure to radiation or radioactive material are specified in RH 10.4 of these regulations.
4.57.2 When a licensee or registrant is required pursuant to RH 4.53 to report to the Department any exposure of an individual to radiation or radioactive material, the licensee or registrant shall also notify the individual. Such notice shall be transmitted at a time not later than the transmittal to the Department, ions.and shall cosqply with the provisions of RH 10.4.1 of these regulat RH 4.58 Renorts of t=*4=>
or Contaminated Sealed sources.
The licensee or registrant shall 111e a report within 5 days with the Department if r
dM the test for leakage or contamination indicates a sealed source is
[A C-leaking or contaminated. The report shall include the equipment involved, the test results and the corrective action taken.
4 - 41 January 1, 1994 l
ADDITIONAL REQUIR23ENTS 3
RH 4.59 Vacatiner Premises. Each specific licensee or registrant shall, no less than 30 days before vacating or relinquishing possession
- or control of premises which may have been contaminated with radioactive material as a result of the licensee's or
. registrant's activities, notify the Department in writing of intent to vacate. When deemed necessary by the Department, the
' licensee shall decantaminate the premises in such a manner as the Department may specify.
RH 4.60 Permissible Levels of Radioactive Material in Uncontrolled Areas.
4.60.1 Plutonium. Conta=4 nation of the soil in excess of 2.0
' disintegrations per minute (0.03 Bq) of plutonium per gram of dry soil or square centimeter of surface area'(0.01 eierocurie (370-Bq) per square meter) ' presents a sufficient hazard to the public health to require the utilizatiox of special techniques of construction upon property so contaminated. Evaluation of proposed control techniques shall be available from the Department of Health upon request.
o 1
4 - 42 January 1, 1994
l a.
4 7.12.2 Mobile nuclear medicine service licensees shall retain for the duration of service a letter signed by the management of each location where services are rendered that authorizes use of radioactive material.
7.12.3 A mobile nuclear nuclear medicine service shall not have l
radioactive material delivered directly from the manufacturer-or the distributor to the client's address of use.
p RE 7.13 Records and Reoorts of Misadministrations.
J3L 33 7.13.1 when a misadministration involves any therapy procedure, the licensee shall notify the Department. The licensee shall also notify the referring physician of the affected patient and the patient, or a responsible relative or guardian, unless the referring physician agrees to inform the patient or believes, based on medical judgment, that telling the patient or the pati ~ent's re'sponsible relative or guardian teould be harmful to one or the other, respectively.
These notif.ications must be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the licensee discovers the misadministration.
If the referring physician, patient or the patient's responsible relative or guardian cannot be reached within 24. hours, the licensee shall notify them as soon as practicable. The licensee is not required to notify the patient or the patient's responsible relative or guardian without first consulting the referring physician; i
however, the licensee shall not. delay medical care for the patient because of this.
l 7.13.2 Within 15 days after an initial therapy misadministration report to the Department, the licensee shall report,. in writing, to the Department and to the referring physician, and furnish a copy of the report to the patient or the patient's responsible relative or guardian if either was 3'
previously notified by the licensee as required by RH 7.13.1.
the 4 4, The written report shall include the licensee's name; greferring physician's name; a brief description of the event; the action taken to prevent 4 the effect on the patient; l t, r/, A - g e-recurrence; whether the licensee informed the patient or the patient's responsible relative or guardian, and if not, why i
not.
The report shall not include the patient's name or other information that could lead to identification of the patient.
[
Qc/o NO sy rM g& ww, f
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7 9
December 30, 1990
. - - - - -. -... -. - ~.
. ~... -. - -. - -.. - -, - _ _ - -. ~ -. -. -... - -
t t'
7.13.3 When a misadministration involves a diagnostic procedure, the Radiation Safety Officer shall promptly investigate its cause, make a record for Department review, and retain the record as directed in RH 7.13.4.
The licensee shall also notify the referring physician and the Department in' writing on Department Form RCD 56 - Report of Misadministration within 15. days if the misadministration involved the use of radioactive material not intended for medical use, administration of dosage five-fold different from the intended dosage, or administration of radioactive material such that the patient is likely to receive an organ dose greater than 2 rems (0.02 Sv) or whole body dose greater than J
500 millirems (5 msv). Licensees shall use dosimetry tables in package inserts, corrected only for amount of radioactivity administered, to determine whether a report is required.
7.13.4 Each licensee shall. retain'a record of'e' ch. misadministration 1
a for 10 years. The record shall contain the names of all i
individuals involved in the event, including the physician,
. allied health personnel, the patient, and the patient's l
referring physician, the patient's social security number or identification number if one has been assigned, a brief description of the event, the effect on the patient, and the action taken, if any, to prevent recurrence.
7.13.5 Aside from the notification requirements, nothing in RH 7.13.1 through RH 7.13.4 shall affect any rights or duties of i.
licensees, and physicians in relation to each other, patients, or responsible relative or guardians.
.RH 7.14 Sunoliers. A licensee shall use for medical use only:
i<
l 7.14.1 Radioactive material manufactured, labeled, packaged, and I
l distributed in accordance with a license issued pursuant to j
l l
these regulation or the equivalent regulations.of another i
l Agreement State, a Licensing State or the U.S. Nuclear Regulatory Consission; and i
l 7.14.2 Reagent kits that have been manufactured, labeled, packaged, and distributed in accordance with an approval issued by the U.S. Department of Health and Human Services, Food and Drug Administration.
7.14.3 Teletherapy sources manufactured and distributed in accordance with a license issued pursuant to these regulations, or the equivalent regulations of another L
Agreement State, a Licensing state, or the U.S. Nuclear Regulatory Commission.
1 l
1 l
7 - 10 l
January 1, 1994 l
( k6 o
............................................g EXECUTIVE TASK MANAGEMENT SYSTEM
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<<< PRINT SCREEN UPDATE FORM >>>
TASK # - 7S110 DATE- 04/22/97..................... -
MAIL CTRL. - 1997
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TASK STARTED - 04/22/97 TASK DUE - 05/02/97 TASK COMPLETED -
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TASK DESCRIPTION - REVIEW COLORADO REGULATIONS PART 3 AND 4.
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REQUESTING OFF. - CO REQUESTER -
WITS -
0 FYP - N
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PROG.- RLB PERSON -
STAFF LEAD - RLB PROG. AREA -
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PROJECT STATUS -
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PLANNED ACC.
-N LEVEL CODE -
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