ML20154N955

Submits Comments on Waste Mgt Bills

ML20154N955
Person / Time
Issue date:	09/17/1979
From:	Ryan R NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Dircks W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
TASK-TF, TASK-URFO NUDOCS 9810220142
Download: ML20154N955 (18)

Text

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September 17. 1979 MEMORANDUM FOR: William J. Dircks, Director Office of Nuclear Material Safety and Safeguards FROM:

Robert G. Ryan, Director Office of State Programs

SUBJECT:

COMMENTS ON WASTE MANAGEMENT BILLS - RE CONTROL 7285 "i

We have reviewed the three bills forwarded with Sheldon Trubatch's memo V

of August 29,1979 and we offer the following comments.

S.1360 - In the Commission report to Congress, NUREG 0539, we suggested the need for some mechanism to resolve a State veto. We continue to support the idea that if an override of State veto is provided at all, it should be spelled at the beginning of the process, not the end.

S.1527 - If extensive new licensing authority were given to the Commission, i

it would raise a number of substantive procedural issues on the role of States in NRC proceedings which were not addressed in NUREG 0539. We remain concerned that the continuation of the case-by-case approach suggested by NUREG 0539 and built into S.1521 would compromise participation i

by States in the State Planning Council proposed by DOE and IRG. A i

programmatic approach in which States participate in the program plan would mean we would not have to create alternatives for every possible licensing action.

In the overall context, and in keeping with NMSS emphasis on waste m

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form integrity as the primary defense, it seems in the national interest to adopt a means like a formal early site review and approval process similar to that for reactors, as an alternative to the case-by-case approach of S.1521. This would allow States to participate fully in the siting decision in advance of the full financial commitment to a specific repository construction program.

Along this line of reasoning, a State veto of an early site review action might have merit, but we see no merit in a State veto late in the licensing action when a commitment to a construction program is made. There should be some provision for an override by the President or by the Congress as proposed in the Hart draft.

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S. 1360 and S. 1521, General Comment

j Effiuent Treatment Systems Branch (ETSB)' believes' that construction permit and o mrating license. decisions should be based on technological feasibilit healti and safety provisions, and protection of the environment, To author-ize a State veto without specifying the prounds on which the veto must be based leaves open the possibility that kchnically sound and safe disposal 4 '. facilities would not be approved. This could in turn create a safety problem

'1 of more concern by requiring operating nucharypower plants to increase onsite y

storage of wastes or to opt for disposal ons-ite. I~'

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S. 1521 and Hart Bill, General' Comment'

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Both these bills would require a comitment' of retources to fulfill the require-O - [ bills, an evaluation should be performed to.dctermine the ma a*= c #t i"ed therei"-

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.<=r=>1 aac a==itie" is esteh'ished " these go implement the requirements and assurances should be sought to obtain the needed

• resources. ETSB supports the concept of having the same safety and environ-mental criteria apply to all waste disposal facilities in the United States.

These bills would promote that unifomity, but alternative approaches to meet]

the same goal should be evaluated.

For example, DOE and NRC could continue 3

i to review prospective sites and facilities over which they have hiktorically 1

exercised control, but using identical safety and! environmental standards and criteria.

The most cost-effective method to society of implementing uni-p fom safety and environmental standards should beithe preferred method.

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S.1521, p. 3, lines 7-14

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ThisitemwouldrequiretheCommissiontolicense!onlythosefacilities" situ-c[

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ated in the best possible medium.r The intent of this requirement is not ETSB believes that minire.i performance criteria should be established for possible media and that any mdia that exceeded those minimally acceptable

,g[/[ criteria _should.be_ approved,

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Der aoproach would likely p'ii50te more regionaT1y r

Tocated waste ~ disposal facilitic::.rhich would lessen probabilities for trans-C portation accidents and reduce iaceetion exposure from transportation to both the general public and transporLat bn workers.

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S. 1521, p. 6, lines 15-25 Mis subsection, Sec. 4(b), would c Tlow a State di approval before, constructiori

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permit or license issuance.

If this veto concept is mandated by legislation.

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ETSB recommends that the disapprovel only be permitted at the construction

-(permit stage.J Safety concerns can be satisfied at the construction permit stage ~a7id to allow veto of. an operating license after construction of the facility is not beneficial to society.

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5. 1521, Sec. 6, p. 9 l

2 ETSBbelievesthissectionisunnecessary.*Ifafbasibletechnologyisdeter-mined to exist and efforts are underway or plannedito obtain the adequate

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S. 1521, Sec. 6, p. 9 (continued) l permanent disposal capacity, there appears to.beIittle rationale for re-quiring plants to cease generating waste (shut down) upon an arbitrary date.

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l be promulgated within six inonths 1% git is unrealistic to expect t at ru es cancf the date of enactment to implement th l

m 202(d), (e), and (f) of the Energy Reorganization.' Acts of 1974 as amended by b (@) ' the Hart Bill.

11 art Bill, Licensing of Away-From-Reactor Storage]

7, This section would defeat a primary objective of. sway-fran-reactor storage, fly i.e., to have storage capacity until such time as a permanent repository is V

in operation. ETSB reconmends its deletion.

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MEMORANDUM FOR:

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,J L. Trubatch, OGC

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SU'BJECT:

COMMENTS ON THREE WASTE MANAGEh sT BILLS

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e This-is to requg t your comments on three bills regarding radi

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active waste mgnagement.

S.1360 wou 'l direct the Secretary of Energy to enter into a (h

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formal con urrence arrangement with the Governor of any State g/

n proposed-s a site for.a radioactive waste repository. 'Among t

'U other th ngs, any arrangement would authorize a State veto over)i M

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-construction or operation.

The NRC, as well as all oth deral agencies, would be bound by any such arrangement.

S. 1521 is a comprehensive bill covering many aspects of radio-f' act waste-management.

It would extend NRC licensing authorit all new DOE facilities *for the storage or disposal of high-

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. level waste, low-level waste, transuranic was+,e, radioactive g

,O gases and' decommissioned facilities including such materials generated by foreign activities, research and development prograns f [j/'Q q and defense programs.

Existing DOE facilities would require f

remedial. action concurred iri by the Commission.

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e 1521 would impose a new standard for licensing waste facilit % 1 impose additional alternative site requirements beyond those f iM NEPA,andauthorizeaStatevetooverNRClicensesforwasteb-

' facilities.

S.1521' would also require a joint NRC-EPA adju O

.catory proceeding to determine if disposal technology exists, and in the event of.a negative determination would require a moratorium on NRC issuance of construction permits and operating licenses.

By 1987 the NRC, in consultation with DOE, would have to determine j

if adequate. disposal capacity will be available by 1990 for all 1

waste generated by that date.

In the event of a negative determina-tion, the Commission would be required to suspend all commercial generation of wastes until such disposal capacity would become available.

The NRC would not be. authorized to license any DOE away-from-reactor facility for storing spent fuel until a permanent disposal facility for such material is in operation.

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,.:t LSenator' Hart:has also prepared a comprehensive bill regarding waste management.

A draft. version ~is attached.

The bill covers I!

many,of the areas addressed in S. 1521 but contains substantial E differen c es '. - For example, NRC would consult with DOE on facilities for.the disposalsof defenseLwastes, but Congress would resolve L

any differences;between.NRC and DOE.

Also, the proposed State l

veto would be subject to Presidential recommendation'for over-i; L

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7 IN THKSENATE THE UNITED ST,ATES e

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J Introduced the. following bill; which was read

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.m w Be it enacted by the Senate ar.d House of Representati cs of the United States of Arncrica in Concress assembled,

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Sec y 3.

The Act may be cited as the thtiona3 Nuc3 ear V aste

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Regu3ation and Control Act of 1979."

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Secs 4+c 2. (a) fp Section. 202 of the Energy Reorganization Act of n,j 3 974 'is anended by designating the existing Section 202 as Section 202(a)" and adding as follows:

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" Sect 4we 202. (b) Nothwithstanding the exc3usions provided in i

Se c ti on 3 3 0 a. or in any other provisions of the Atomic Energy Act of 1954, as amended, the Nuc3 car Regulatory Commission (hereina f t er re f er r ed t o as the "Cor.mi ssion") sha33, except as otherwise speci fi cm 3 3 y

tidad secticn 330 b. of such Act, have Jicensing and related regult tory authority pursuant t o cl.ap t c rr, 6, 7 E, aad 30 of such Act as to facilities of the Department of Inergy not in use or under construction on the date of enactment of' this section for the storage or disposa3'of low or high 3evel radioactive vastes, including n

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irradiated nuclear ' reactor fuel," non high level transuranium

, V contaminated waste, radioactive gas, and decommissioned f acilities, and f

including stich materials generated by activities in foreign countries v-a-~

or by activities which are part of research and development or -defense j

programs:. Provided, however, that such facilities which are designed

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and intended for the exclusive storage or disposal of such materials w

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L] generated by activities which are part of defense. programs sha3 2.be l

subject to. subsection (f) of this section only.

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"(c) Prior to license issuance under the preceding subsection, s

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i (1) presents no significant ha'zard to public health j

and safety or the environment during the toxic life of j

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the vaste to be stored or disposed therein; and j

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(2) incorporates the best combination of available

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l technology and medium for t)e isolation and containment of du*

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such vaste.

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"(d)- For each f acility, or portion thereof, of a type described in subsection (a) of this section which is in use or under canstruction on the date of enactment ' of this subsection, the Secretary of Energy shall' file with the Commission within nine months of such date a

f-report ' setting forth in detail -

(1) data on public health, safety, and environmental I

impacts of past storage or disposal, including, b$t not l

Jimited to, evidence of waste migration, instances of failure of containme'nt, contamination of surf ace or, ground waters, I

and corrective measures employed; (2) each long-term or irreversible disposal c ommi tm en t,

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.including, but not limited to, soil contamination, shallow l

1and burial and entombment of contaminated equipment or facilities; and (3) a plan for r emedial measures to assure the f a cili ty t ~

presents no significant hazard to the public health and i

safety or the environment, including a schedule for imp 3 cmentation with specific attainment dates.

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"(e) Within -one year of the submission of each report required y the preceding subsection, the Commission, in consultation with the Secretary of Energy, shall order -

(2) such modifications to the remedial plan contained in such report as are necessary to assure the facility presents no significant hazard to the public health and safety or the environment; or would be ir.: practicable to employ remedia3 (2) that it measures to assure the, facility presents no significant hazard to the public-health and safety or tlie environment, and such conaitions and requirements as are ne3;essary t f4 O.

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r.inimize risk to public health and safety or the environmentg "

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while facility operations are terminated and the facili ty

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I is decontaminated and decommissioned.

r the Secretary of Energy does notlc neur in the Commission

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In the event order within 90 days of such order, the Commission and the Secretary shall submit all documents relevent thereto, including an itemi zed estimate of cost, to the Committee on Interstate and Foreign Commerce i

j and the Committee on Interior and Insular Affairs of the liouse of Representatives and to the Committee on Environment and Public tiorks of the Senate.

The Congress may approve, disapprove, or amend such order by concurrent resolution within 90 days of continuous session

!I fo))oving the submission thereof. Should the Congress fai1_t.o

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within.such period, such recommendation shal) be immediately eff ective m

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"(f) For each facility of a type described in subsection (a) of thd t

section that is designed and intended for the exclusive storage ordispesaj i

I of waste generated by activities that are part of defense programs, the l*

Secretary of Inergy shall file with the Commission within nine 7.onths of i

k of this section a p3an setting forth in detai3 en a c t r.ent specif 5 cations and r.ethods f or f acility construction and operation, inc3uding, but not 3inited to, data on design, function, capacity, and.l oc a t i on.

1:ithin one year of the submission of each such plan, the Conmission, in consu3 t at.

with the Secretary of Energy, shall order such modifications thereto, if ;my, as are necessary to assure the f acility presents no significant

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,. 'haamrd to the public health and safety or the environment.

In the the Secretary does not concur in such modifications within 90 event days of such order the Commission and the Secretary sha31 submit all documents relevant r

to the facility plan and the raodifications thereto, including an estimate of cost, for each such modification, to the Committee on Interstate and Foreign Commerce and the Committ ee on Interior and Insular Affairs of the House of Representatives and to 1

,I the Committee on Environme'nt and Public Works of the Senate The

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Congress may approve, iiisapprove, or amend the facility plan as I'

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,. modified by order of the Commission by concurrent resolution within 90 days of continuous session.

Should the Congress fail to act within such pt riod, such order shall be immediately effective at the expiration

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thereof.

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(1) a Cor6 mission order under subsection (e) of this settion, or t

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1 (2) a Commission modification to a facility plan under is.t--m**"*

subsection *(f) of this section, as soon as practicabic following either concurrence therein by the Secretary, or' approval or amendment thereof by the Congress.

(b)

The Nuclear Regulatory Commission shall by rule promulgate

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regulations to implement the procedures established by sections 202(d)

(e) and (f) of the Energy Reorganization Act of 1974, as amended by this section, within six months of the date of enactnent i:

of this section.

Such regulations shall at a minimum provide for:

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(3)

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i continuing Commission access to each facility before shd after (i) imp 3ementation of the plans as zoodified, required L/

by such subsections, or (ii) decomission and decontamination of such faellity; (2) continuing Commission access to data deemed necess i

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the Commission; and (3) such measures as are necessary to prevent disclosures l

inimical to the common defense a d security.

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' {Af ter the reinspection provided for/

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s in this subsection, t.he Commission l

sha33 report to Congress within 90 days on the extent to which the

! Secretary of Energy has complied with the* plan, as noddfied Any l

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person may or2ng a proceeu2ng in tne un2 t ed States T,istri ct Court for the District of Columbia to require the Nuclear Regulatory Commission I

to promulgate the rule required by this subsection df the Commission has

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l not' promu3 gated such ru3e by the date specified,herein.

.IALTERNATIVE SITE APPL] CATIONS l

See d 3.

In addition to any requirement imposed by the National p

l Environmental Po3 icy Act of 1969, as amended., the fruc1 car Regulatory Cor. mis sion shall require each construction permit a ppl i c a t i on s.ubmi t t e d under section 202(a) of the Energy Ecorganization Act of 1974, as amended, to identify and analyze acceptable alterna tive facility sites embodying not 3 ess than three geologic media and ter identify and ana3y:e *l not 3ers than three acceptable alternative forms of prcparation for the I

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9 is soon as p"cticable, bot not 1 ster than i

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anuary 1,1981, the AdministratoPbf the Environmental Protection Agency shall, by rule, promulgate standards of general application for t:

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health, protection of the public/ safety, or the environment from radiological a1 nonradiological ha:ards associated with permanent repository disposal l

of high level radioactive waste. Any person may bring a proceeding in i the United States District Court for the District of Columbia to require

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the Administrator to promulgate the rule required by this subsection 1

l if the Administrator has not promulgated such rule by the date specified I

herein. The Administrator may periodically revise any standard promulgat

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pursuant to this subsection. Within three years af ter revision of any

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such standard, the Commission shall apply such revised standard in the case of any license for a facility for the disposal of high level radio-active waste, or any revision or renewal of such a license.

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(b) As soon as practicable, but not 3 at er than Ja.a ury 2,,1982, v

the Nuc[c3r Regulatory Commission sha33, by rule, preculgat e standards and requirements to evaluate the alternatives identified pursuant to I

b Section (3) that will protect the public health, safety, or the 9

environment from radiological and nonradiological hatards associated with<

permanent repository disposal of high 3evel radioactive waste.

Any per$

I may bring a proceeding in the United States District Cour t for the I

District of Columbia to require the Commission to promulgate the rule required by this subsection if the Commission has not promulgated such I

rule by the date specified herein.

Such standards and requirements shc l

conform with app 3 5 cable genera) standards promulgated by the Administra e_x V

of t'he Environmental protection Agency under the preceding subsection.

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Jn carrying out the authority provided by this subsection, the Commissi:

6 is authorized to. male such studies and inspections and to conduct such

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. nonitoring..as.may_be.necessar)3 -

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."('c) As soon as practicabic, but later than January 1,1954, the -

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. cretary of Energy sha. submit to the Comission app..ations for cobtruction permits for a permanent repository in each of two or more sta tes. In deciding for which sites to seek construction permits, the Secretary shall give preferred consideration to sites located within the i

l boundaries of Federal lands containing a nuclear waste storage area in.

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existence prior to enactznent of this Act. If the Secretary fails to sutrait

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such an application'by the date specified in this subsection, the Commission

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shall imediately suspend issuance of construction permits and operating licenses for utllization facilities licensed under Section 103 or 104 b.

of the Atomic Energy Act of 1954, as amended.

(d) As soon as practicable, but not later than January 1,1992, the I

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Cgmission_shall act on_the applica, tion 7,equl_re,d_by,,the_ prec,eding subsection.

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. COMMISSION h'ASTE LICENSING ASSESSMENT

{+ect b 5.

(a) The Nuclear Regulatory Commission is authorized and directed to investigate and determine -

(1) whether a technology exists for the ' preparation of

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high level radioact:!ve vaste,,ponpigh level transuranium con-

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9 taminated waste, an [ ra ej..

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y d nuclear reactor fuel,/and for a

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an appropriate medium, which would permit the licensing of a

..t facility for the ultimate disposal of such wastes without

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presenting a,significant hazard }to public health and safety

- s or the environment during the toxic life thereof, and (2) what issues, if any, remain to be resolved before an.

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affirmative determination may be made pursuant to the preceding paragraph.

(b) To make the determinations required by subsection (a) of this section, the Nuclear Regulatory Commission shall conduct a public t

proceeding in accordance with section 553 of the Administrative Procedure Act, as amended. The Environmental Protection Agency, the Department of Energy, the United States Geological Survey, and the

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National Academy of Sciences shall be parties to such proceeding, and s

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ant erest mightNe af f ecte' shall be permitted

,any other person whose findings The Nuc3 car Regulatory Commission sha33 report to intervene.

on or before and determinations to the Congress and the President January 3, 1985.

required by the preceding subsection (c) If the report l:

d by contains a negative determination on the question presente Commission sha33 i

subsection (a)(3) of this section, the Nuclear Regulatory i.'t to the Congr ess and the President thereon i

(3) report and every year af ter the initial reporting date, suspend issuance of construction p[ermits and l

(2) d under operating licenses for utilization f acilities license j

954, as section 303 or 104 b. of the Atomic Energy Act of 3 i

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ding amended, and approval of construction thereon pen n

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constructicn permit issuance, as of January 3, 3985 i

i h ll unti3 such time as the Nuclear Regulatory Comun ss on s a i

ffirmative l

report to the Congress and the President an a determination pursuant ta subsection (a)(1) of this section.

l CO)O13SS30N ORDERS REGARDING WASTE GEN 4

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The Nuclear Regu3atory Commission sha33 order the 4

Secimen 6.

h satilization f acility reduction of the maximum a3] owed capacity of eac l9 Act of licensed under section 303 or 304 b. of the Atomic Inergy 1954, as amended, by ten per centum for each year that -

- the date specified in section 5(b) is exceeded j

'q kJ (1) an af firmative determination having been made

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thereunder, or in section 4(d) the date specified f or Commission action (2) a construction permit for a permanent as exceeded without

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k ffect:

repository for high level radioactive waste having ta en e I

where the Commission determines thaaf in any case previded, however, That d d herein to a particular f aci3fn ai[

i application of the sanction provi e public hea3th and j

substantia 33y inir.ical to the 1

resu3t in an impact facility from the order safety, the Commission shall exempt thet h an exemption is i

3n any case where suc I

imple:nenting such sanction.

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determined to be necessary the Commission shall rev ew t I

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STATE PARTIC1pATION p

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Y ep+ey 7.(a) Prior to commencing site exp3 oration, the Secretary of Energy shall notify the Governor and State legislature of an intent to explore a site in such State for a facility for the storage or disposal of low or high level radioactive waste, non-high i,

level transuranium contaminated waste, or irradiated nuclear reactor fuel. The Secretary shall nake available to the designated State

,1 representative on a continuing basis all data relevant to the planning, sit ing, develop, men t, co'nstruction, and operation of the proposed f

(b) The Nuclear Regulatory Commission shall afford the designzted State representative an opportunity for full participation at e ve r)-

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stage of the proceedings for issuance of a construction permit and J

operating license for a facility of the type described in.the preceding subsection. Any construction permit or operating license issued for such a facility shall be without force and effect fecr a period not to exceed 90 days af ter the date of issuance.

The State may approve or ?;2 approve such construction permit or operating license within such period by action of the Governor or by whatever procedure the State legislature has prescribed.

In the event of a:n approval, such construction permit or operating license shall become immediately effective.

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in the event O

l of a disapproval, such construction permit or bl

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operating license shall be suspended.

Such suspension sha11 not tale effect until the Governor of the disapproving State submits to the Conmission a formal statement of disapproval that states in detail the i

objections to construction or operation of such faci 3ity.

In the event 1

the State f ails to take either action withn the 90 days prescribed, such construction permit or operating license sha11 tale effect on the e x;. -

' On thereof.

(c) liithin 60 days of the filing of a State'n disapprova3 of ccnstruction or operation of a facility for the storage or disposal of any of the wastes enumerated in subsection (a) of this section, the president may nate a determination that the state's disapproval

ould 1,e rejected and the construction permit or the operating 3icense

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should be reinstated upon a finding that (1) the proposed facility presents no significant ha:ard to public health and safety or the environment, and j

(2) not building the proposed facility would significantly j

impair the Nation's ener y interest.

lf The President's determinati n shall be promptly transmitted to l

1 Congress, together with documentation in support of the findings w

required by paragraphs (1) and (2) of this subsection, and referred to the Committee on In'terstne and Foreign Commerce and the Com:nittee o'ninterior and Insular Af f airs of the House of Representatives and -

s the Committee on Environment and Public Works of the Senate.

In the event the Congress fails to disapprove such an orcler by concurrent re-(

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I solution within 90 days of continuous session, waiver of the post-

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issuance procedure provided by the preceding subsection shall become immediately ef fective at the expiration thereof.

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i LI CENSING OF AWAY-FROM-REACTOR STORAGE ec 8.

The Nuclear Regulatory Commission shall not license 9

.l any f acility of the Department of Energy for the temporary away-from-reactor storage of commercially generated nuclear reactor fuel under section 202(a) of the Energy Reorganization Act of 1974, as amended:

(1) until such time as a f acility for t:he permanent disposal of such waste licensed by the Cumraission is in m

l opera ti on ; or F

_s (2) for the purpose of f acilitating the reprocessing of such waste. O i

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ACTION CONTROL DATES CONTROL NOs.

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FINAL REPLV gs O CHAIRMAN T'

FILE LOCATION O EXECLITIVE DIRECTOR 1

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OTHER:

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t OLLCR:P f lOlJ O LETTER OMEMO O HEPORT O OTHER SPECI AL If4STRUCTIONS OR REMARKS

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NOTIF Y:

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JCAE NOTIFICATION RECOMMENDED:

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I NitC ronM 732 EXECUTIVE DIRECTOR FOR OPERAlIONS DO NOT REMOVE TH/S COPY (11-74 PRINCIPAL CORRESPONDENCE CONTROL l

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