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Commed uM be.. he&A fo StrTP @ 3:00g C0ldENTS TO SLITP ON NY STATE DEC PRELIMINARY DRAFT CRITERIA FOR LLW DISPOSAL MEMORANDUM Paae 1, paragraph 2: s M 4 wtA"tbbft*tVIb Pth"*
1)
E5t: *pnc= :,:rit ne-,sisihr 30 '5000 *m,5bprE C/hYATy; s
TR 'hD .b Far purme of re ptibility, #wiynonce ubin.therhea 0 iet491 y +her: Jn M 'CTR Gli
- 2) Page 2, paragraph 1 This last sentence needs clarification. Specifically, how many State agencies are preparing the rulemaking for LLW disposal? "; nr. ;; .
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- SUBPART D SITING CRITERIA FOR LLW DISPOSAL SITES t
328.17 SCOPE, PURPOSE AND APPLICABILITY i
(a)ScopeandPurpose
- 1) See memorandum consnent number 1.
l
. 328.18 GENERAL SITING CRITERIA (1) SITING CRITERIA APPLICABLE TO ALL TECHNOLOGIES a) General
? - 1) Under criterion (3), suggest adding the words "of Subpart C' between g "objectives" and "are".
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- (b) Surface Waters and Hydrology t
$ /1) A third criterion should be included. This criterion should reflect the
- wording in 161.50 (a) (6) (ie. minimize upstream drainage).
(c) Mineral an!! Exploitable Resources
$. /1) Theorder tem "natural resources' as used in this criterion should be defined in to eliminate any confusion between its meaning in criterion (c) and its meaning as used in criterion (j).
(g) Population Land Use, and Ownership
) Criterion (4), although I am unfamiliar with specific laws of ~the State of NY, this criterion appears as if it may be too specific (restrictive) for
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use in a regulation.- It may be more-beneficial in.a guidance doctanent._ _ _
ht for
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M b e M illObddwhcpttm (1) Human _ and Social Resources
- 1) This criterion would appear to be better addressed as an environmental report requirement. If NY State requires environmental reports, it should consider including this criterion under environmental report requirements.
(j)NaturalResources
- 1) See coar.:ent (1) under Human and Social Resources.
- 2) See coment (1) under Mineral and Exploitable Resources.
GENERAL C0tHENT NM 1)The C R 61 site suitability criteria that are addressed under General Siting Criteria are: $61.50 (a) (2)(3)(9) and (11).- G Odd #*' d (ii) SITING CRITERIA FOR AB0VEGROUND, BELOWGROUND VAULTS ONLY (a) Surface Waters and Hydroloqy
[1) Criterion (4) is similar to but does not include all of the concepts in 661.50 (a) (6) (ie. minimize upstream drainage). This criterion should be expanded to acconnodate all of 661.50 (a) (6).
GENERAL COP 9 TENTS
- 1) The 10 CFR 61 site suitability requirements that are addressed when l
considering For Aboveground both and Siting Criteria For Belowground All Technologies Vaults and Siting (Criteria are: 661.50(a)(2)(3)(4)5)(7)(8) 1 (9)(10)and(11).
nt lacks siting criteria for carthmoundej nc e bunkers and slofh l
- 2) (This boreholedocWe consider that these two alternatives eground and l belowgro nd vaults should meet the site suitability requirements in 661.50.
Therefore, particulgp consideration should be given to ensuring that siting criteria for4these alternatives address as a minimum, the site suitability criteria in 10 CFR 61.
(iii) SITE CRITERIA FOR UNDERGROUND MINED REPOSITORY ONLY
- 1) $de He phnh for underoround mined repositories,Mye heta mind istM are not oroviding coments'en)We .eette... Although an underground mine could be sited and licensed on a facility-specific basis under i existing regulatory provisions in 10 CFR 61, specific requirements for deeper land disposal methods such as mined cavities were not considered in ~
. _ _ . _ the initial 10 CFR 61 rulemaking effort. See NUREG 1241 for additional ~
staff comments on alternatives.
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SUBPART E DISPOSAL TECHNOLOGY CRITERIA l
382.19 SCOPE, PURPOSE AND APPLICABILITY I
- 1) No specific coments.
GENERAL C0 MENT
- 1) Previously (2/10/87 teleconference) NRC staff had provided coments to NY 1 State DEC on its RFP to develop siting and desigt. criteria for a LLW 1 disposal facility. One concern that was presented at that time was that i the 7/87 State requirement to prepare regulatory criteria for alternative i methods for LLW disposal is premature since NFO technical infonnation on alternatives will not be published until 1/88 (This position should be reiterated). Consequently, the scope of review for the Disposal Technology Criteria sections has been limited. The criteria have been evaluated ;
l Specific coments on ^"
against 161.51
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esign g hcritqria Disposal pbhcoton for altern site c,btives design) e n) h;=hoh..
t .and Wodnthe andco tt nvo( -
382.20 DISPOSA TECHNOLOGY CRITERIA AND REQUIREMENTS _
I
._ k b (i) TECHNOLOGY ICABLE TO ALL TECHNOLOGIES '
s need s s h ts s codI d b b W ed M 0fft l (a) General c4 fe DTc fe
\ C,ntenon id 4 tohg 43rcon 9ht, hoMDnCBshddrdh*d.<I
- I Criterion 3, suggest deleting "or<{emediation")after the wordl n,
3tji) Criterion 5, what is contained in Parts 370-374 of the referenced State Title?
(b) Design
- 1) Criterion 2 suggest deleting "to" and replace with "and."- '
WM) Criterion 2 3 shculd be expanded. Does DEC intend that this criterion mean Cd * - - that the facility; on its own, comply with the rfonnance -objectives -in - -
e
[J d 10 CFR 61 or, does it mean that the design shou contribute to g,4 demonstrating compliance with the performance objectives of 10 CFR 617 _
f' 3) Criterion Shwithinconsistent with the .,Therefore..
performance cut obj long-term stability minimal maintenance (161.44J. it it sugges that criterion 5.be rewritten. KAr. rL . ... .,,. ..... , _. .dy p l desi ,thedisposag {y .g rgdial actions, if necessary. C ,
y4) Criterion 6. suggest deleting "repository" and replaci wi$ ' disposal unf +,'
and site."
V 5) Criterion 7, can be deleted if criterion 6 is revised as suggested..,
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GENERAL COMMENT
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- 1) The tenn "act ye institutional control" is confusing. It should be defined or deleted. Furthennore, during institutional control only minor custodial activities should be required. Major actions, if necessary, should have occurred prior to transfer of the license from the site )
operator to the site owner or custodian.
- 2) The only 10 CFR 61 disposal site design criteria that are addressed under Technology Criteria Applicable to All Technologies are: 661.51(a)(1)(2) and(3). ,
(ii) TECHNOLOGY CRITERIA APPLICABLE FOR ABOVEGROUND AND BELOWGROUND VAULTS O (a) Design g "{
- 1) Suggest revising criterion 5 to read: The disposa units shall contain a l r:14ble monitoring system to give early warning of the release of radianuclides from the disposal units so that remedial measuras can be !
taker. bfe e 0,e . .di;,mi idw. i ... . i.h. .i W Lv i ..
- 2) Suggest placing criterion 9 before criteria 6I. Criteria 6-8 can be i* i presented as sub-criteria that implement criterion 9.
GENERAL COMENT .
[1) The 10 CFR 61 disposal site design criteria that are addressed when
~
considering Technology Criteria Applicable to All Technologies and Technology Criteria For Aboveground and Belowground Vaults Only are:
561.51 (a). (1)(2)(3)(4)(5) and (6),
(iii) TECHNOLOGY CRITERIA FOR AB0VEGROUND VAULTS ONLY (a) Design
- 1) Criterion 1, see General Connent I under Technology Criteria Applicable to All Technologies.
gEgite .qd'9g/'tr.md4 D 2."if Twas 4*clasiadavsdwh
- 2) S ass R was e is disposed with class B and C waste it must ^^^
be stabilized.
y:n , =0 '.0^ ,...TM; e es e.1d it i;r;e.win nested tMt :h:: ir, rit:rhr ^ art:2.\44 i ;;;thuferh,4
- 3) , Criterion 4 suggest deleting everything after the word "action." This concept is similar to the concept raised in General Comment 1 under Technology Criteria Applicable to All Technologies.
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(iv)TECHNOLOGYCRITERIAAPPLICABLEFORBELOWGROUNDVAULTSONLY (a) Design
- 1) Criterion 1, suggest deleting "resist" and insert "protect against."
- 2) Criterion 2, see [ ia Applicabl F Aboveground Vaults Only, under boul 3Technology wns emen Criteh usu er.d tshormdge).ht$
(v)TECHNOLOGYCRITERIAAPPLICABLEFORUNDERGROUNDMINEDREPOSITORYONLY 1 he esign.cr.iler.14_for underground mined repositories.h
' are not providing coments oTthi; emir.- Although an underground :
mine cousa oe-sttea and licensed on a facility-specific basis under existing regulatory provisions in 10 CFR 61, specific requirements for deeper land disposal methods such as mined cavities were not considered in i the initial 10 CFR 61 relemaking effort. See NUREG 1241 for additional ;
g staff coments on alternative * , .
' DEFINITIONS: CURRENTLY BEING REVIEWED BY SARAKA l
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.- DRAFT 1/30/87 REQUEST FOR PROPOSALS TO DEVELOP SITING AND DESIGN CRITERIA FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES The New York State Low-Level Radioactive Waste Management Act (Chapter 673ofthe,5awsof1986) requires the New York State Department of Environmental Conservation (DEC) to promulgate regulations specifying the minimum characteristics that disposal sites and methods must have under existing federal and state law to be acceptable for use as permanent low-level radioactive waste disposal facilities. The site (s) and method (s) themselves will be proposed by a siting commission for certification by the Department.
DEC is seeking proposals for performance of several tasks involved in promulgating the regulations for site and method selection. l TASKS TO BE PERFORMED l
- 1. Siting and Design Criteria The contractor will develop criteria defining the minimum characteristics that a disposal site and method must have under federal and state law to be acceptable for use as permanent l disposal facilities. Siting and design criteria specific to the fcllowing types of disposal methods must be developed:
(1.1) above ground, engineered, monitored disposal (1,2) underground mined reposi. tory disposal (both 1
., , . DRAFT 1/30/87 i
former mines and new cavities)
(1.3) other practicable methods, excluding shallow land burial as defined in the state Low-Level Radioactive Waste Management Act (see task 1.3 under Discussion, below).
2.-Environmental Impact Statement (EIS)
The contractor will perform the following tasks involved in preparing the T.IS:
(2.1) preparation, printing, and distribution of the
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draft environmental impact statement (DEIS) 42oO w M ~?/ ~ 1 % r (2.2) preparation of responses to comments on this DEIS (2.3) expert testimony on both the DEIS and the :
recommended criteria (2.4) preparation, printing, and distribution of the I final environmental impact statement (FEIS) approved by l the Department
- 3. promulgation of Regulations
- The contractor will provide the fellowing services to assist the Department in promulgating the regulations
! (3.1) under the Department's direction, the writing of l
draft regulations based on the criteria
- y .L '.,
(3.2) printing and distribution of 500 copies of.sthe
.2 W~A.
draftiregulations (3.3) preparation of recommended responses to ecmments l on the draft regulations (3.4) under the Department's direction, preparation of
DRAFT 1/30/87 the final regulations
- 4. Regulatory Impact Statement The contractor will prepare, print, and distribute 50 copies of a regulatory impact statement (RIS), a summary of the RIS, and a Regulatory Flexibility Analysis.
~
DISCUSSION A
Task 1 - Siting and Design Criteria The contractor will develop siting and design criteria for ,
each of the technologies listed in subtasks 1.1, 1.2, and 1.3.
- l
, For each technology, the criteria must define the characteristics the facility must have to comply with the provisions of
^
10 CFR 61, the state's Low-Level Radioactive Waste Management Act, and any other applicable state or federal laws. The criteria must include the following factors:
- a. population density and the potential for future I
population growth l b. exploitable natural resources l
- c. 100-year flood plains, coastal high-hazard areas, i wetlands, or any areas that are not well-drained or are prone to frequent ponding 1 1
- d. the ability to characteri:e, model, analyse, and I monitor the site
- e. runoff on site
- f. preventi:n of ground water intrusi:n, perenr.ial or i
I
DRAFT 1/30/87 otherwise, into the weste
- g. where waste is proposed-to be disposed below the water table, assurance that molecular diffusion will be the predominant means of radionuclide movement
- h. prohibition of the placement of waste in the zone of fluctuation of the water table
- 1. prohibition of the placement of waste in hydrogeologic units that discharge ground water to the surface within the disposal site
- j. tectonic processes
- k. surface geological processes such as mass wasting erosion, slumping, landsliding, or weathering processes
- 1. nearby activities that could adversely affect the performance of the site or the environmental monitoring program
- m. the adequacy of routes and means for transportation
- of waste to the facility
- n. minimization of predictable adverse effects from accidents during transportation of waste to the facility
- o. minimization of environmental impacts, including effects on the natural environment and ecological ,
systems, scenic, historic, cultural, and recreational values, water and air quality, and wildlife
- p. protection of individuals inadvertently intruding into or occupying the site after active institutional l
4
.' DRAFT 1/30/87 controls over the site are removed
- q. protection of the general population from releases of radioactivity such that concentrations of radioactive material which may be released to the general environment in ground water,-surface water, air, soil, plants, or animals must not result in an annual dose exceeding an equivalent of 25 millirems to the thyroid, and 25 millirems to any other organ of any member of the public ,
- r. maintenance of releases of radioactivity in effluents to the general environment as low as reasonably achievable j 93~ ,
- s. elimination, to the extent practicable /,4the need l for ongoing active maintenance of the disposal site following closure i
- t. siting and design of volume reduction facilities l l
(including incineration and compaction) at the disposal site I
- u. waste packaging requirements appropriate to the j disposal technology
- v. disposal of mixed (hazardous and radioactive) wastes
- w. disposal needs for Class A, B, and C wastes
- x. waste stability requirements appropriate to the disposal technology
- y. other f actors that may af fect or delay the licensing of a site, such as ownership by special groups, established rights-of-way, existing options On the 5
DRAFT 1/30/87
' land, valuable land uses, and societal values
- z. stability and durability requirements for above-ground disposal structures aa. facility siting and design to minimize the h visual impact and aesthetic effects of_the facility d bb. potential for fires cc. extreme meteorological conditions dd. requirement to keep occupational exposures to ,
radiation at the facility as low as reasonably achievable ee. ability to continue to provide isolation of the waste in the event of disposal facility failure
. ff. reliability of disposal technology a gg. air quality (relative to siting of incinerators) hh. buffer zones appropriate for each technology and i
for vario,us types of sites
- 11. minimum local services required, such as electricity and other fuels needed for the disposal technology jj. groundwater recharge zones I i
kk groundwater travel times in the vicinity of the '
facility
- 11. soil characteristics (permeability, pH, et al. )
1 l appropriate to the disposal technology mm. protection of workers and the public from non-radiological hazards (such as infectious material, chemical hazards, and toxic materials) j I
____-_--____-_-_-_--_-------_-l
DRAFT A/30/87 P
criteria specific to the following technologies must be developed:
Subtask 1.1 - above ground, engineered, monitored disposal subtask 1.2. - underground mined repository disposal -
subtask 1.3. - other practicable methods, such as below ground vaults, above ground vaults, and earth mounded concrete bunkers, but excluding shallow land burial defined 4 in the Low-Level Waste Management Act as emplacement of low-level radioactive waste in or within the upper thirty meters of the surface of the earth in trenches, holes, or other excavations in which only soil provides structural integrity, a barrier to migration of low-level radioactive waste from or subsurface water into such excavation, or a i l
barrier to entry of surfcce water into such excavation or in a manner that fails to allow during the institutional control period for monitoring and control of releases of l 1
radioactivity.
Task 2 - Environn. ental Impact statement subtask 2.1 - A draft environmental impact statement must be prepared to meet the requirements of the New York State Environmental Quality Review Act (SEQR), Article 8 of the I i
Environmental Conservation Law. The DEIS must be a l comprehensive, detailed analysis of the environmental
, impacts of the criteria, including dose assessments and pathway analyses to support each criterion chosen. The contractor will first prepare a proposed scope of the DEIS 7
DRAFT 1/30/87 for DEC's approval. In addition to the requirements of SEQR, the EIS must include the following:
- a. a conceptual site size and conceptual design of each disposal method analyzed
- b. technology assessment for each disposal technique that allows other methods to be considered at the site
- c. cost-benefit analysis for each disposal methed analyzed
- d. sn analysis of retrievability versus recoverability, the advantages, costs, and techniques of implementing each in the various disposal methods analyzed i i
- e. an analysis of the disposal needs for class A, B, and C wastes I
- f. evaluation of the potential fro, and impacts j of, denying access to specific waste generators because of extra-ordinary disposal costs, taking l
into account the potential costs of waste disposal i i
and the costs the various generators can afford to a
1 pay 1 1
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The contractor will produce, under the Department's s
, direction, 500 printed copies and 500 microfiche copies cf !
the DEIS and an executive summary of the DEIS. The contractor will distribute these documents to those identified by the Department.
s
I DRAFT 1/30/07 Subtask 2.2 - The DEIS will be available for public review and 3 comment. Within 30 days of the close of the comment period, f the contractor will prepare responses to all comments submitted.on the DEIS. ;
)
Subtask 2.3 - Public hearings will be held on the draft '
! regulations and the DEIS. The contractor will provide.
expert witnesses who will testify (and be available for cross-examination) on the'DEIS and the rationale behind the proposed criteria. !
Subtask 2,4 - The contractor will prepare the FEIS, under ;
the Depurtment's direction. The FEIS will include responses -
l to all comments received on the DEIS, and any corrections, revisions, or additions the Department finds necessary based l 1 l 4
on the hearing record and comments received.
i ;
i ;
The contractor will produce, under the Department's .
direction, 500 printed copies and 500 microfiche copies of the FEIS and an executive summary of the FEIS. The contractor will distribute these documents to those j identified by the Department.
1 Task 3 - Promulgation of Regulations Subtask 3.1 - Upon receipt of the. recommended criteria from the .
i4 t
contractor, DEC will determine which criteria will be
, t j included in the siting and methods' regulations, and will i direct the contractor in putting those criteria into the
)
1 format of draft regulations.
Subtask 3.2 - Once the draft regulations are in a form j acceptable to the repartment, the centracter will arrange 9
DRAFT 1/30/87 for the printing and distribution of up to 500 copies of the draft regulations to the public and interested parties.
Subtask 3.3 - The draft regulations will be made available for public review and comment. The contractor will prepare recommended responses to all comments received.
subtask 3.4 - Under the Department's direction, the contractor will prepare the final regulations, and will produce and distribute 500 printed copies and 500 microfiche copies of the regulations.
The draft and final regulations produced under this task must be in scannable form pursuant to 9 NYCRR part 263.2.
Task 4 - Regulatory Impact Statement The RIS must describe the following with respect to the regulations: statutory authority; legislative objectives; needs and benefits; costs to state government, local governments, private regulated parties, and the regulating agency for implementation and continued administration; paper work created; any duplication of existing state or federal regulations, i
alternatives, including no-action. A summary of the RIS must be '
i prepared if it exceeds 2000 words.
The Regulatory Flexibility Analysis must describe the following regarding the regulations: effect on small butir.csses, compliance requirements, the types of professional services small businesses are likely to need in order to comply, and an explanation of hew the proposed rule is designed to minimize any adverse econcmic impact en small businesses.
10
_DRAVT 1/30/87 !
All materials ptoduced under this task must be in scannable i form pursuant.to 9 NYCRR part 263.2.
Affirmative Action Requirements
- Fifteen percent of the total amount of the contract awarded must be allocated by the contractor to a subcontractor listed in the New York State Directory or Certified Minority and Wemen- ,
Owned Business Enterprises.
Freedom of Information Act Requirements The contractor must provide all information, records, and other written material it produces, possesses, or relies upon to ;
d the Department if such material is the object of a legitimate request to the Depar*m.ent pursuant to the Freedom of Information i Act.
i i
TIMING !
l The deadline for receipt of proposals is 5:00 pm, Friday, l
j February 27, 1987.
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j Subtasks 1.1 to 1.3 - A progress report and preliminary criteria will be due on April 15, 1987. The recommended criteria must be submitted to DEC by June 1, 1987.
Subtask 2.1 - The scope for the DEIS must be completed to the i
l Department's satisfaction by March 15, 1987. Fifty copies of a
{
preliminary DEIS must be completed and submitted to DEC by June l l
) 1, '987, and the DEIS must be printed and distributed on or l
i bef ore July 31, 1987. '
i i i
i
DRAFT 1/30/87 Subtask 2.2 - Responses to comments will be prepared beginning :
in August 1987 and ending no later than December 1, 1987, subtask 2.3 - Testimony will be provided during September and j October 1987. I Subtask 2.4 - The FEIS and executive summary must be printed and distributed by December 31, 1987.
Subtask 3.1 - Draft regulations will be developed from the criteria between June 1, 1987 and July 15, 1987, subtask 3.2 - Draft regulations must be printed and distributed on or before July 31, 1987.
Subtask 3.3 - Responses to comments on the draft regulations must be prepared between July 31, 1987 and December 1, 1987.
subtask 3.4 - The final regulations must be printed and '
distributed by December 31, 1987.
Task 4 - The Regulatory Impact Statement and Regulatory a
Flexibility Analysis must be completed by July 1, 1987. .
Awarding of Contract The Department will evaluate proposals for contractual l
, services ranging from $400,000 to $650,000. Tne determination of !
contract award will be based upon the following factors:
a, cost b scope of proposal I c. experience of investigators I l
- d. prior Departmental contracts with the firm, if any I I 6. Contact e
- - n (NYSRWG) 100 ESPLANADE OftiVE MoOESTER. N.Y. I4eie January 15, 1987 TO:
The National Users Group Network of Radioactive Material
.d - **.-
FROM: Roberta Lovenheim f<*. /
Q . ., x ,> . . , , . . , v New York State Low Level / Waste Group RE :
EMERGENCY RULEMAXING ON TRANPORTATION PERMITS Any transporter which moves LLRW through, into or from NYS must have a new permit from the Department of Environmental Conservation by January 1, 1987.
The enclosed packet will give you background information, the law and the regulations affecting this transportation.
Permit application forms are enclosed as well. (The ,
four digit code is"LLRA".)
The DEC informs us that they only have New York corporations in their data base. Please notify corporations in your State / area which may be trans-porters who are regulated by this new provision.
Please notify us of who you are sending information i to and we will follow up. If they want assistance in expediting directly. their permit, please have them contact us Thisthe but provision will not only State Police, et, al.be enforced by the DEC, Insurance coverage is knowledge of violation of State carried out in the in jeopardy if transportation is law.
serious situation through NYS. for our generators who ship wasteThis is a very Within NYS a permit for every campus, our generators have to have amounts of LLRW vehicle which .Toves small to a central location for pickup.
There is that possible no maximum fee in the regulations, making it ;
3 many as 5000 separatea carrier vehicles.
might have to pay fees for as I 1
Happy New Year!! I l
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CONVERSATION RECORD "y'yo Ag "3/fo fg7 @
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SUMMARY
Y Y 3 Tn his .2hl87 -fele es,faruce uJk Ba, lea L nben (M Shk DEC). 5kn J ~J '
b tAe.(rrsk (Ru,,,1) cranded Ms. %ea bere udh cemmah en -IAe Shki dr<ff 2 V / J J f R FP Ge 5, lane J
4 vui<n cr,ler, a . Ducan < 4)e 4elecanference , M Mc GralA
- a.lso tridieded 4ka.f K. Schneihe ( 05P) JandL. 5= cab. C.WMud cod {_
- o, rov s cle. Ms. b n< b erc, win a.dli4ional cornmenh on ike. #FM a
On a.lio t s , K. LL_Le ana L. Su b. okoned Ms. b ben ad i aa DroVI ed hit Wi ( Commenhs ori t draf j RF9. 6.f lly . 4ke. cam.ne,n addmd:l l
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DRAFT 1/30/87 REQUEST FOR PROPOSALS TO DEVELOP SITING AND DESIGN CRITERIA FOR
'OW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES
.w York State Low-Level Radioactive Waste Management Act l .spter 673 of the , laws of 1986) requires the New York State Department of Environmental Conservation (DEC) to promulgate regulations specifying the minimum characteristics that disposal sites and $$Y ods must have under existing federal and state law to be acceptable for use as permanent low-level rad'ioactive waste disposal facilities, The site (s) and method (s) themselves will be proposed by a siting commission for certification by the 1
Department.
DEC is seeking proposals for performance of several tasks involved in promulgating the regulations for site and method selection.
TASKS TO BE PERFORMED
- 1. Siting and Design Criteria The contractor will develop criteria defining the minimum characteristics that a disposal site and method must have under federal and state law to be acceptable for use as permanent disposal f acilities. 5;;ing and design criteria specific to -he following types of disposal methods must be developed:
(1.1) above ground, engineered, monitored disposal (1,2) underground mined repository disposal (both 1
E
, DRAFT 1/30/87 former mines and new cavities)
(1.3) other practicable methods, excluding shallow land burial as defined in the state Low-Level Radioactive Waste Management Act (see task 1.3 under Discussion, below).
- 2. Environmental Impact Statement (EIS)
The contractor will perform the following tasks involved in preparing the EIS:
(2.1) preparat.4on, printing, and distribution of the I i
i draft e,nvironmental impact statement (DEIS) do s{;;_' 7 " yg (2.2) preparation of responses to comments on this DEIS (2.3) expert testimony on both the DEIS and the recommended criteria (2.4) preparation, printing, and distribution of the final environmental impact statement (FEIS) approved by the Department
- 3. Promulgation of Regulations The contractor will provide the following services to assist the Department in promulgating the regulations:
(3.1) under the Department's direction, the writing of draft regulations based on the criteria (3.2) print;n; and distribution of 500 copies of,.the 2, L.: .v draftirequia ;:ns (3.3) preparation of recommended responses to comments on the draft regulations (3.4) under the Department's direction, preparation of 2
l DRAFT 1/30/87 l the final regulations
.. 3
- 4. Regulatory Impact Statement The contractor will prepare, print, and distribute 50 copies of a regulatory impact statement (RIS), a summary of the RIS, and a Regulatory Flexibility Analysis.
G-c nsa. At Coa m h for i) 4. fcqmAT imo A) Crikuso. 9 L4ig d B) Deu3n CrikeriA he A161c. dui3n CribuiA DISCUSSION
- 2) ComfE\io h ut. wM nok be as ilate u.nObi/31ilg, yhnu. h k) M { cab l 3') 5wAk, t.s ch em ptrt,,,1 a
6 A ,y gQ Task 1 - Siting and Design Criteria .
g 4y The contractor will develop siting and design criteria for each of the technologies listed in subtasks 1.1, 1.2, and 1.3.
For each technology, the criteria must define the characteristics the facility must have to comply with the provisions of 10 CFR 61, the state's Low-Level Radioactive Waste Management Act, and any other applicable state or federal laws. The C o nsid" ^
criteria must include the following f actors:
7 puf 3 10, W f@ , I O
- a. population density and the potential for future population growth
- b. exploitable natural resources
- c. 100-year flood plains, coastal high-hazard areas, wetlands, or any areas that are not well-drained or are prone to frequent ponding
- d. the abil .ty to characterize, model, analn., and i
l monitor the site 1
- e. runoff on site i
l
- f. prevention of ground water intrusion, perennial or 3
1 1
.4 '. ' .
- _ . _ . . _ _ . , , . _ . - _ _ . - . -. .-. 1
. DRAFT 1/30/87 otherwise, into the wasto g.,where waste is proposed to be disposed below the water table, assurance that molecular diffusion will be the predominant means of radionuclide movement
- h. prohibition of the placement of waste in the zone of fluctuation of the water table
- i. prohibition of the placement of waste in ;
hydrogeologic units that discharge ground water to the surface within the disposal site
- j. tectonic processes (,dked cow \d odd oke skdili k, surface geological processes such as mass wasting erosion, slumping, landsliding, or weathering processes (.ikd tow \d $ctk sile. do. hili
- 1. nearby activities that could adversely affect the performance of the site or the environmental monitoring program I
- m. the adequacy of routes and means for transportation j l
of waste to the facility l
- n. minimization of predictable adverse effects from accidents during transportation of waste to the facility
- o. minimization of environmental impacts, including effects on the natural environment and ecological systems, scenic, historic, cultural, and recreational values, water and air quality, and wildlife 4 p. protection of individuals inadvertently intruding into or occupying the site after active institutional sk. M 1<..e 4u.kn,cJ cep,ce,, Js.
$ Au perfo< me.ece. ob3 <dwes squ ae.
p dw m u 4
Lknui reycmenh vt. med 4o demedde.
mtdi$
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- DRAFT 1/30/87 controls over the site are removed
. e2.
g qyprotectionofthegeneralpopulationfromreleasesof radioactivity such that concentrations of radioactive material which may be released to the-general environment in ground water, surface water, air, soil, plants, or animals must not result in an ar.tual dosa m or com Gl 41 (
exceeding an equivalent of (ff)mil irems to thbx%db 4}Po- thyro:.d, and 25 millirems to any other organ of any member of the public r maintenance of releases of radioactivity in y
effluents to the general environment as low as reasonably achievable
- s. elimination, to the extent practicable, he need for ongoing active maintenance of the disposal site following closure
- t. siting and design of volume reduction facilities 'O"*
- guy bo 9 (including incineration and compaction) at the disposal n o '.
9dT's ,
site p,c.
- u. waste packaging requirements appropriate to the l l
disposal technology (sl.5A(a)O0 4 v. disposal of mixed (hazardous and radioactive) wastes
- w. disposal needs for Class A, B, and C wastes 1
- x. waste stability requirements appropriate to the disposal technology > a^d5 G).sc (b) l y other f actors that may af fect or delay the licensing ;
of a site, such as ownership by special groups, l
established rights-of-way, existing options on the 5
- . - - _ , _ _ .~ , . ,
- . DRAFT 1/30/87 land, valuable land uses, and societal values
- z. stability and durability requirements for above-ground disposal structures aa. facility siting and design to minimize the h visual impact and aesthetic ef fects of the f acility a-w#opu 21.
bb. potential for fires cc. extreme meteorological conditions dd. requirement to keep occupational exposures to radiation at the facility as low as reasonably achievable ee. ability to continue to provide isolation of the waste in the event of disposal facility failure ff. reliability of disposal technology gg. air quality (relative to siting of incinerators) hh. buffer zones appropriate for each technology and for various types of+ sites
- 11. minimum local services required, such as electricity and other fuels needed for the disposal technology jj. groundwater recharge zones kk. groundwater travel times in the vicinity of the facility
- 11. soil characteristics (permeability, pH, et al.)
appropriate to the disposal technology mm. prote::;on of workers and the public from non-radiological hazards (such as infectious material, chemical hazards, and toxic materials) 6
__ _ _ _ _ . - - _ _ ~
. DRAF"' 1/30/87 Criteria specific to the following technologies must be developed:
f Subtask 1.1 - abcVe ground, engineered, monitored disposal i lemT 46 9 Subtask 1.2. - underground mined repository disposal g Subtask 1.3. - other practicable methods, such as below m ,( ground vaults, above ground vaults, and earth mounded elq w/ cencrete bunkers, but excluding shallow land burial defined 2 in the Low-Level Waste Management Act as emplacement of low-Mc p.3
) level radioactive waste in or within the upper thirty meters !
Sts t cle( d of the surface of the earth in trenches, holes, or other excavations in which only soil provides structural ;
integrity, a barrier to migration of low-level radioactive waste from or subsurface water into such excavation, or a l barrier to entry of surface water into such excavation or in a manner that fails to allow during the institutional control period for monitoring and control of releases of radioactivity.
Task 2 - Environmental Impact Statement l l
Subtask 2.1 - A draft environmental impact statement must be !
prepared to meet the requirements of the New York State Environmental Qua'ity
. Review Act (SEQR), Article 3 of the Environmental Ccnservation Law. The DEIS must be a comprehensive, deta'_ed .' analysis of the environmental impacts of the criteria, including dose assessments and pathway analyses to support each criterion chosen. The contractor will first prepare a proposed scope of the DEIS 7
~-
_ ~ ~J ' _ . __
DRAFT 1/30/87 for DEC's approval. In addition to the requirements of SEQR, he EIS must include the following:
- a. a conceptual site size and conceptual design of each disposal method analyzed
- b. technology assessment for each disposal technique that allows other methods to be considered at the site
- c. cost-benefit analysis for each disposal method analyzed g d. an analysis of retrievability versus 41 m% recoverability, the advantages, costs, and N '* *\ techniques of implementing each in the various (dnueddd ]- b pw d commonl disposal methods analyzed wn d udd $. e. an analysis of the disposal needs for class A, B, and C wastes -> M fwpos ( Volwm neds, pro}cbon3 ?) ?
- f. evaluation of the potential fro, and impacts l
of, h access to specific waste generators '
na 7. w a ,.
because of extra-ordinary disposal costs, taking bW n om% j consdudon into account the potential costs of waste disposal j b and the costs the various generators can afford to c~rd sdd I l pay The contractor will produce, under the Department's direction, 500 printed copies and 500 microfiche copies :f the DEIS and an executive summary of the DEIS. The contractor will distribute these documents to those identified by the Department.
8
DRAFT 1/30/87 Subtask 2.2 - The DEIS will be available for public review and comment. Within 30 days of the close of the comment period, the contractor will prepare responses to all comments submitted on the DEIS.
Subtask 2.3-Publichearingswillbeheldonthe(draft
. 1 dr gg g regulations)andtheDEIS. The contractor will provide
., g Ioacd under expert witnesses who will testify (and be available for d 3 cross-examination) on the DEIS and the rationale behind the
"* *C proposed criteria.
l*Sd 'b** " Subtask 2.4 - The contractor will prepare the FEIS, under the Department's direction. The FEIS will include responses to all comments received on the DEIS, and any corrections, revisions, or additions the Department finds necessary based on the hearing record and comments received.
The contractor will produce, under the Department's direction, 500 printed copies and 500 microfiche copies of the FEIS and an executive summary of the FEIS. The contractor will distribute these documents to those identified by the Department.
Task 3 - Promulgation of Regulations Subtask 3.1 - Upon receipt of the recommended criteria from the contractor, DEC will determine which criteria will be included in the siting and methods regulations, and will direct the contractor in putting those criteria into the format of draft regulations.
Subtask 3.2 - Once the draft regulations are in a form acceptable to the Department, the contractor will arrange 9
DRAFT 1/30/87 i
l for the printing and distribution of up to 500 copies of the draft regulations to'the public and interested parties. !
Subtask 3.3 - The draft regulations will be made available for public review and comment. The contractor will prepare recommended responses to all comments received.
Subtask 3.4 - Under the Department's direction, the contractor will prepare the final regulations, and will l produce and distribute 500 printed copies and 500 microfiche ;
copies of the regulations.
1 The draft and final regulations produced under this task l I
must be in scannable form pursuant to 9 NYCRR part 263.2. l Task 4 - Regulatory Impact Statement !
The RIS must describe the following with respect to the regulations: statutory authority; legislative objectives; needs and benefits; costs to state government, local governments, private regulated parties, and the regulating agency for implementation and continued administration; paper work created; any duplication of existing state or federal regulations; 1
alternatives, including no-action. A summary of the RIS must be prepared if it exceeds 2000 words. Fink h.ne ened.... A m
-> d oc.ea n4-The Regulatory Flexibility Analysis must describe the following regarding the regulations: effect on small businesses, compliance requirements, the types of professional services smal'.
businesses are likely to need in order to comply, and an explanacion of how the proposed rule is designed to minimize any adverse economic impact on small businesses.
10
DRAFT 1/30/87 l
2 All materials produced under this task must be in scannable form pursuant to 9 NYCRR part 263.2.
1 Affirmative Action Requireme'.ts Fifteen percent of the total amount of the contract awarded must be allocated by the contractor to a subcontractor listed in i
the New York State Directory or Certified Minority and Women-Owned Business Enterprises.
Freedom of Information Act Requirements The contractor must provide all information, records, and other written material it produces, possesses, or relies upon to ;
the Department if such material is the object of a legitimate !
l request to the Department pursuant to the Freedom of Information )
E% "EO '
Act.
0 Yere o o&s< hsm c. S Lu.\t.
M du. N R(_ trEo. Oc predwchd TIMING 3) L %7c g Q, Q g( nobod w ue., to bc
- 4) Cowdtt- in b dt3 %<e e. od
- jydbtd h'dbEG The deadline for receipt of proposals is 5:00 pm, Friday, February 27, 1987. \&e.n wil d ra.th k Nafde.A 7 l
Subtasks 1.1 to 1.3 - A progress report and preliminary criteria will be due on April 15, 1987. The recommended criteria l must be submitted to OEC by June 1, 1987.
Subtask 2.1 - The scope for the DEIS must be completed to the Department's satisfa::: n by March 15, 1987. Fifty copies of a preliminary DEIS must be completed and submitted to DEC by June 1, 1987, and the DEIS must be printed and distributed on or before July 31, 1987.
11
DRAFT 1/30/87 Subtask 2.2 - Responses to comments will be prepared beginning in August 1987 and ending no later than December 1, 1987.
Subtask 2.3 - Testimony will be provided during September and October 1987.
Subtask 2.4 - The FEIS and executive summary must be printed and distributed by December 31, 1987.
Subtask 3.1 - Draft regulations will be developed from the criteria between June 1, 1987 and July 15, 1987.
Subtask 3.2 - Draft regulations must be printed and distributed on or before July 31, 1987.
Subtask 3.3 - Responses to comments on the draft regulations must be prepared between July 31, 1987 and December 1, 1987.
Subtask 3.4 - The final regulations must be printed and distributed by December 31, 1987.
Task 4 - The Regulatory Impact Statement and Regulatory ilexibility Analysis must be completed by July 1, 1987.
Awarding of contract The Department will evaluate proposals for contractual services ranging from $400,000 to $650,000. The determination of contract award will be based upon the following factors:
- a. cost Ne. N ed b. scope of proposal NW wiil 5'f **** i* '""*St'9** 'S c.hed N5 d. prior Departmental contracts with the firm, if any
( A 1.k of work Ee 4 sW 4. beate.).
- 6. Contact
- 12
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New York State Undated 2/3/87 W 1 87061
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Request for comments on draft M Knapp, WMLU 2/3 Proposals to develop siting and .
design criteria . . . J Starmer, WMLU 2/3 4~CLO5untS L Saraka, WMLU 2/3 .
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fxhne.Ac.c + L. sum I i U $. NUCLE AR Rf GULATORv ComaadtS$60N f Out40 NRC 32$
MAIL CONTROL FORM si 79 d:
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New York State Department of Environmental Conservation 50 Wolf Road, Alcany, New York 12233-W Henry G. Williams Commissioner 1
February 13, 1987 j
1 Interested Parties:
As you know, the Department plans to let a contract for development of the LLRW Disposal Facility Siting Criteria required by the State LLRW Management Act. Today we are issuing the Request for Proposals related to these siting criteria. A copy is enclosed for your information.
Sincerely yours, Paul J. Merges, Ph.D.
Chief Bureau of Energy and Radiation
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New York State Department of Environmental Conservation 50 Wolf Road. Albany, New York 12233-l W
Henry G. Williams Commissione-REQUEST FOR PROPCSALS TO DEVELOP SIT!NG AND TECHNOLCGY CRITERIA FOR LCW-LEVEL RADICACTIVE WASTE DISPCSAL FAC L:!IES February 12, 1987
- 1. Introduction The New York State Low-Level Radicactive Waste Management Act (Chapter 673 of'~the Laws of 1986) requires the NeN York State Department of Environmental Conservation (hereafter referred to as DEC or the Department) Oc promulgate regulations specifying the minimum characteristics enat disposal sites and methods must have, under existing federal and state law, to be acceptable for use as permanent low-level radicactive waste disposal facilities.
DEC is inviting proposals for performance of several tasks involved in promulgating those regulations.
The Department will adopt, as part of the regula:Lons, the previsions of 10 CFR Part 61. However, the NYS LLRW Management Act requires that criteria specific to certain disposal methods ce developed. In addition, the NYS law sets forth other factors that must be taken into account in deciding whether or not a site and method are suitable for use as permanent disposal facilities.
The contractor will develop reccmmendations for those additional criteria, assist in drafting and finalizing the regulations, and prepare a draft and final environmental impact statement and other documents pertaining to their promulgation.
- 2. Tasks To Be Performed Task 1 - Site Selection Criteria The contracter will develop minimum requirements for siting a LLRW disposal f acility that utilizes one or more of each of the f ollowing disposal methods:
(Subtask 1.1) above ground, engineered, moni:cred disposal (Subtask 1.2) underground mined reposit:ry disposal (both former mines and new cavities) 1
l Task 3 - Promulgation of Regulations l
The centractor will provide the follewing serv Oes to assist
-he Department in premu'_ gating tne regulations:
(Subtask 5.1) under the Department's directicn, the l preparation, printing, and distribution of the draft !
regulations i (Subtask 5.2) attendance at hearings on the draft I regulations, to provide information to the public (Subtask 5.3) preparation of recommended responses to comments on the draft regulations (Subtask 5.4) under the Department's direction, preparation, printing, and distribution of the final regulations Task 6 - Regulatory Impact Statement and Flexibility Analysis At the direction of DEC, the contractor will prepare, print, and distribute 100 copies each of a regulatory impact statement (RIS), a summary of the RIS, and a Regulatory Fleility Analysis (RFA).
- 3. Contents of Proposal' proposals should be in the format specified in this section.
Limits on the number of pages for each section must be adhered to. Pages in excess of the limits will be discarded before the proposal is submitted to the evaluation ccmmittee. Proposals shall be submitted in two separate parts - one, a demonstration of technical competence, and the other, an estimate of the cost to perform the tasks. Each part must be complete in itself and must not refer to information provided in the other, so that the .
technical qualifications can be evaluated separately frem the i proposed cost. (See the section entitled, "Submission of l Proposals" for instructions on how, when, and where to submit a i proposal.)
Part I - Technical Qualifications section 1 - Approach, Schedule, and Statement of Work Maximum length: 40 paces j Describe the approach proposed to be used in accomplishing each of the tasks described in this request for proposals. Provide a schedule for completing the tasks showing the sequence of steps and the ma:or milestones involved. Provide a detailed statement Of work describing' 3
ATTACHMENT A - SCCpE OF WORK
- spesal Technologies tc be Addressed The Department is required to promulgate regulaticns for the siting of several specific disposal metheds. Thus, in each task cf the project all of the following disposal technologies must be addressed:
above ground, engineered, monitored disposal underground mined repository disposal above ground vaults below ground vaults earth mounded concrete bunkers The recommended criteria to be developed should be based upon the investigations of alternative technologies performed for ;
the NRC by the Corps of Engineers (NUREG/CR-3774) and any other applicable guidance from the NA (for example, NUREG-1241). It is not intended that the contractor revise or duplicate the analyses, conclusions, and recommendations contained in those studies. Rather, the contractor will build upon those studies to develop specific recommended criteria appropriate for New York State.
Task 1 - Sitin'g Criteria 1
The contractor will develot reccmmended siting criteria to i be used, in addition to the provisions of 10 CFR Part 61, by the !
Department in evaluating one or two proposed sites for a disposal I facility. The State LLRW Management Act calls for the development of siting criteria specific to the five technologies listed above. Therefore, the contractor will develop recommended criteria that are applicable to all sites (regardless of the l disposal methods used) and, as appropriate, recommended criteria specific to each particular method. The criteria will define the characteristics the site must have to ecmply with the state's Low-Level Radioactive Waste Management Act and any other applicable state or federal laws, and must be compatible with the previsions of 10 CFR 61. The reccmmended criteria should include the fellcwing:
specific minimum requirements to assure the adequacy of routes and means for transportation of waste to the facility
e
- ne technologies listed in suctasks 1.1 - 1.5. Theref:re, :ne centractor will develop recommended cr;teria that are app';;able .
- all disposal metheds and, as appropriate, recommended criteria specifically applicable to each mothed. The recommended Ort:eria must be compatible w;;h the provisions of 10 CFR 61 and must define the characteristics the dispcsal methcd must have ::
comply with the state's Low-Level Radioactive Waste Managemen:
Act and any other applicable state or federal laws. The recommended criteria should include the following:
stability and durability requirements for engineered structures (both above ground and below ground) minimum requirements for preventing fires definition of the minimum reliability the disposal .
technology must have ninimum local services required, such as electricity l a.*d other energy source needed for the disposal i i
te aclogy minin.2m requirements for protection of workers and the public from ncn-radiological hazards (such as infectious material, chemical hazards, and toxic materials)
Task 3 - Waste Disposal Criteria The Department will also promulgate regulations in addition to the provisions of 10 CFR 61 governing the packaging and placement of wastes in the disposal unit. The contractor will develop recommended criteria in the following areas:
waste packaging requirements appropriate to the disposal technology j 1
for each disposal method, specific waste placement requirements for each class of waste ( A,B,C) waste stability r quirements appropriate to each disposal technology requirements that, in the event of site or facility failure and if a decision is made that removal of the wastes is the preferable remedial action, the waste must be so placed that uncovering and removal of the waste is not impossible 3
s
secticn 4 -
Contact Provide the name, address, and telephone number cf an of ficial of the organization who is auther_:ed c nege: Late for and bind the proposer and who can be contacted for more inf crmation during the evaluation of the proposal.
Par: II - Proposed Cos Maximum Length: 25 cages The Cepartment will consider p cposals for a fixed cost contract of up to 5650,000. Submit a detailed budget and proposed cost for completing this project. The budget must be in suf ficient detail to allow the evaluation committee to determine if the cost estimate is reasonable and will enable the centractor to complete the project. The basis for cost estimates should be provided, as well as a financial statement that includes a balance sheet, profit and loss statement, and a source and use of funds statement. The proposer may include any other information it believes is relevant to the committee's evaluation of the cost estimate.
Provide the name, address, and telephone number of an official of the organization who is authorized to negotiate for and bind the proposer and who can be contacted for more information during the evaluation of the proposal.
- 4. Submission of Proposals
~
Proposals must be clearly labeled on the curside of the envelope or package with the following:
Proposal: Low-Level Radioactive Waste Disposal Facility Siting and Technology Criteria Parts I and II of the proposal should be submitted in separate, sealed envelopes or packages, and identified as Part I c: II on the outside of the package. Cost estimates will not be opened until after the technical qualifications have been evaluated. Failure to submit the two parts in separate, sealed packages will be cause for disqualifying the preposal.
Proposals must be delivered no later than 4:30 p.m. en Monday, March 2, 1987, to the following:
Barbara Youngberg Bureau of Energy and Radiation - Rm. 510 New York State Cept. of Environmental Icnservation 50 Wolf Rd.
Albany, NY 12233-1750 5
i
\
l The contra :cr will produce, under the Department's l direction, 2,000 printed copies and 1,000 microfiche ecpies !
of the FE 5 and an executive summary of the FE:5. The centrac:Or will distribute these documents :0 th se parties <
identified by the Department.
!ask 5 - Pr0mulgation of Regulations subtask 5.1 - Draft Regulations Upon receipt of the recommended criteria from the contractor, DEC will determine which criteria will be .
included in the siting and methods regulations, and will direct the contractor in putting those criteria into the format of draft regulations.
Once the draft regulations are in a form acceptable to J the Department, the contractor will arrange for the printing and distribution of 1,000 printed and 500 microfiche copies of the draft regulations to the public and interested i I
parties.
1 i
Subtask 5.2 - Hearings i
Public hearings will be held on the draft regulations. l The centractor will attend the hearings and be available to ;
respond to inquiries frem the public.
Subtask 5.3 - Responses to Comments The d' raft regulations will be made available for public review and comment. The centractor will prepare recommended responses to all comments received.
Subtask 3.4 - Final Regulations Under the Department's direction, the contractor will prepare the final regulations, and will produce and distribute 2,000 printed copies and 1,000 microfiche copies of *.he regulations.
The draft and final regulations produced under this task must be in scannable form pursuant 0 9 NYCRR Part 263.2.
Task 6 - Regula:Ory Impact Statement and Regula:Ory Flexibility I Analysis l l
l A regulatery impact statement must be prepared 0 address the goals and effects of promulgating the regulations. It must dascribe the feilcwing aspects Of the regulations: statu:Ory i
- 8. Timing The Department intends te award the c:ntract cy Apr ; *.,
1987, progress repcrts w:i'. be due e /ery two weeks af ter -he date of the contract signing.
The completed tasks will be due te the Department en the felicwing dates:
Task / Subtask Due Date
- 1. Reccamended Siting Cr:.teria 6/*./87
- 2. Reccamended Method Criteria 6/1/87
- 3. Recommended Waste Dispcsal 6/1/87 Criteria
- 4. EIS 4.1 Scope 4/13/87 4.2 DEIS ., 7/31/87 4.3 recommended responses 30 days after ccament to ccaments period ends 4.4 hearings after DEIS is issued 4.5 FEIS 12/31/87
- 5. Regulations 5.1 preliminary draft 7/15/87 distribution of draft 7/31/87 5.2 hearings after draft regulations Issued 5.3 reccamended responses 30 days after ccmment to comments period ends 5.4 final 12/31/87
- 6. RIS and RFA 7,31/87
- 9. Contact For information, contact Barbara Youngberg at 518-457-5915, or at this address:
Bureau of Energy and Radiation - F n, 510 NYSDEC 50 Wolf Rd.
Albany, NY 12233-1750 7
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' @%T Y 1
New York State Department of Environmental Conservation 50 Wolf, Road, Albany,.New York 12233- ]
~
t, I" Henry G. W 116ams l
Q ,Qf Commissioner
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n, h MEMORANDUM o ( 0 % ci .d L . __ _ [
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a To: Distribution Below I ,,,
From: pouisM.Concra,Jr. , 99 Director, Division of Regulatory Affairs ;g 5 l 5 $ )
Subject:
Preliminary Draft of Criteria for LLRW Disposalg r- ;
Facility Site and Technology selection 1 Date: June 3, 1987 As you may know, t.ne Department of Environmental j Conservation (DEC) is required to issue, by July 3'1, 1987, draft regulations governing the selection of the site (s) and method (s) to be used for the state's LLRW disposal facility. The state low-level radioactive waste management act requires us to write regulations specifically applicable to above ground engineered disposal, mined repository disposal, and other practicable disposal methods, with the exception of traditional shallow land burial which is prohibited by the act.
Attached for your review and comment is a preliminary draft of a portion of those regulations, that is, the siting and l technology criteria. (You will notice that performance criteria l similar to those in Subpart C of 10 CFR 61 are not included here.
They will be in a separate section of the regulations.)
The state low-level radioactive waste management act created a two-phase process for approval of the disposal facility.
First, the Siting Commission will propose one or two sites and methods, which must then be submitted to DEC for review and a decision as to whether they meet the site and method selection regulations. This will be comparable to a conceptual approval of the proposed facility. After DEC certifies the site (s) and F0/A'If /35 _
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method (s), the New York State Energy Research and Development Authority (NYSIRCA) ovill design the facility and apply for all needed approvals to build and operate it, including the ,
radioactive materials license to be issued by the New Y:rk state !
Department of Labor. Please keep in mind that the attached preliminary criteria are not intended to address all aspects of facility construction and operatica, but only those requirements with which the Siting Ccmmission has the authority to ccmply.
Thus, regulatiens governing the aspects of the facility under l NYSERDA's control (such as waste placement, detailed design, l closure, environmental monitoring, and financial assurance) will l be addressed in future rulemakings by DEC.
We would appreciate any comments, formal or informal, you can provide by June 15. Because we are constrained by law to ;
issue the regulations in draft form by July 31, we can not extend the review peried. Comments received after June 15, will be considered as time permits. You will, of course, also have the opportunity to ecmment on the draft regulations during the formal public comment period, after July 31. Because these preliminary criteria are an internal working paper, we ask that you keep them confidential.
Comments should be sent or telephoned to Barbara Youngberg of this Division at 518-457-5915. please do not hesitate to call hen if you have any questions. Thank you for your assistance and cooperation.
Distribution: F. Bradley, NYS DOL P. Giardina, US EPA J. McGrath, US NRC
D. Barolo, Div. of Water R. Bathrick, Div. of Lands and Forests H. Hovey, Div. of Air Resources..
J. Jiudice, Div. of Legal Affairs N. Nosenchuck, Div. of Solid and Hazardous Waste K. Wich, Div. of Fish and Wildlife llrw critdist cc: L. Marsh P. Merges B. Youngberg ,
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SUBPART 0 - SITING CRITERIA FOR LLRW DISPOSAL SITES 328.17 SCOPE, PURPOSE AND APPLICA8ILITY (a) Scope and Purcose This subpart specifies the minimum characteristics that a disposal site must have under existing Federal and State law to be acceptable for use as a land disposal f acility. The primary emphasis of these criteria is the isolation of wastes and the ensurance that the performance objectives of Subpart C are mat on a long-term basis.
(b) Applicability Any person or entity who af ter January 1,1988 selects a si;e for, or disposal method to be used at a LLRW disposal f acility, shall cceply with this Subpart unless specifically exempted under Section 382.5 of this Part. -
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The regulations'A ic to the type's of disposal meth:cs that may be employed at- al site. The New York State Law 673, "Low-level Radica v anag nt Act", requires that criteria te developed for:
engineered, monitored disposal; erground mined repository disposal; and Where practicable, other disposal methods for which there are no applicable regulations but, in no event, including shallow land burial.
(c) General Description of Available Technologies The technologhts considered practicable as disposal methocs for which criteria have been developed include:
Aboveground, engineered vaults; Belowground, engineered vaults; ,
Earth-mounded concrete bunkers; Borehole; and Underground mined repositories.
A brief description of these . technologies follows.
Aboveground Vault Aboveground vault disposal consists of placing the waste above natural grade in engineered structures. A vault is completely closed by placement of a roof over each unit (Figure 1). Since no earthen cover is placed over the roof, the vault relies principally on engineered barriers to isolate the waste from the biosphere.
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-2 Belowground Vault The :elowground vault relies upon both engineered features and the natural site characteristics for its integrity. Floors and walls are constructed to contain the waste (Figure 2). Once filled witn waste, the vault is covered with a reinforced-concrete roof then buried under a thick soil cover.
Earth-Mounded Concrete Bunkers 1
This is a hybrid technology combining two distinct disposal methods; a belowground concrete monolith and an aboveground tumulus. The monolith contains waste packages containing Class B and C wastes embedded in a concrete matrix. The tumulus is constructed on top of the monolith. A wall of concrete canisters is stacked around the perimeter of the monolith, steel drums containing Class A wastes are stacked inside the wall, and the I entire mound is covered with an earthe.n cover (Figure 3). I Boreholes This method involves the disposal of wastes in cylindrical, near-surf ace holes, bored, augured, or sunk by any other conventional method. The holes are lined with concrete, steel or other suitable structural material (Figure 4). ,
Mined Repository
. The mined repository concept involves the excavation of an underground mined f acility. The configuration and depth of such a facility will depend on the site geology and economics. One configuration of a mined repository is shown in Figure 5.
Although there are a number of disposal technologies available, many siting criteria are common to some and unique to others.
Criteria that are common to all technologies are presented in Section 328.18(a). In addition, although the technology for the belowground vault, i earth-mounded concrete bunker and borehole disposal methods are unique in j design, each concept employs engineered structure to contain the waste below the natural ground surface. Since these technologies involve placing the waste in proximity to the ground surface, the belowground and aboveground f acilities have many characteristics in comon. Criteria that are specific I to above and belowground vaults, earth-mounded concrete bunkers and borehole technologies are presented in Section 328.18(b). The underground mined repositories have several distinct requirements that are presented in Section 328.18(c).
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- 3 328.18 GENERAL SITING CRITERIA (1) SITING CRITERIA APPLICABLE TO ALL TECHNOLOGIES (a) General l (1) The site shall not be located in the Western New York Nuclear Service Center. i 1
(2) The site must be capable of being licensed and permittec l under all applicable state and federal laws. l l
(3) The primary emphasis in disposal site suitability shall i be given to isolation of wastes and to disposal site features that ensure that long-term performance objectives are met.
(4) The site and the associated geologic formations and groundwater flow systems affecting f acility performance shall be capable of being cefensibly characterized, modeled, analyzed, and monitored.
. (b) Surf ace Waters and Hydrology (1) A disposal facility shall not be located within an area below a dam or other man-made or natural structure whose failure could adversely affect the site's ability to meet the performance objectives.
(2) The site shall be located where the potential for adverse ef fects on surface water quality and use is minimized and where the surf ace water use will not be impaired.
(c) Mineral and Exploitable Resources 9R W.% M (1) The site shall not be located in an area where past or l present exploration or exploitation of natural resources could adversely affect the site's ability to meet the performance objectives.
(d) Geoloqy and Soils -
l (1) The present and expect >d geologic and hydrogeologic l setting of the site shall be compatible with the waste disposal method.
(2) The site geology and soils shall have properties to retard the potential movement of radinnuclides from the disposal units. l (e) Groundwater and Hydrogeology (1) The disposal facility shall be located in a hydrogeolog- l ic regime that minimizes, to the extent practicable, the potential movement i of radionuclides from the disposal units. 1 (2) The site shall be located where the potential for adverse effects on groundwater quality is miniriiud and where groundwater use will not be impaired.
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(f) Seismic Risk _
(o\ Moh (1) Areas shall be avoided where tectonic processes sucn as f aulting, folding, seismic activity, or vulcanism may occur with such frequency and extant to significantly affect the ability of the disposal site to meet the perforeance objectives, or may preclude defensible modeling and prediction of long-term impacts.
(g) Population, Land Use, and Ownership (1) The site.shall not be located where present and projected ef fects from population growth and other developments, incluoing but not necessarily limited to industrial, military, recreational, commercial, and institutional developments, would have the potential to adversely affect the site's ability to meet the performance objectives or significantly mask the environmental monitoring program.
(2) The site shall be located on land that the State of New York can obtain ownership, surface and subsurface rights, and control of access.
(3) The site shall be located to minimize, to the extent practicable, potential population dose based on a consideration of population density in the vicinity of the site.
(4) The site shall not be located within "towns, villages, and cities as defined by the laws of the State of New York having at least 1,000 individuals per 1 square mile as defined in the 1980 decennial count of the U.S. Census.
(5) The site shall have sufficient acreage available to ensure the perfonnance objectives can be achieved.
(h) Traffic and Transportation (1) The site shall be located such that any new access route constructed from existing local highways and railroads to the site shall be compatible with present and planned designated us. age.
(2) The condition of existing highways and rail lines designated as routes to the site must be adequate, or capable of being made adequate, to meet existing standards and to minimize general population risks associated with transportation accidents.
(1) Human and Social Resources (1) A site shall not be located within the boundaries of land specifically dedicated to the public trust. 1. ands that will be excluded include Federal, State, County, Municipal Park Systems, the National Wilderness Preservation System, the National Wild and Scenic Rivers S{ stems, National Forest t. ands, National Wildlife Refuges, properties 2 igible for or listed in the National Register of Historical Places, or any u,mparably significant State-protected resource that has been dedicated to resource preservation as of July 31, 1987. This shail include, but not necessarily be limited to the Adirondack, Catskill, and Allegheny Parks.
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5 (2) A site shall not be located on any larcs set 3see Se Native American reservation or any other lands tna 3re not suoject to, Se controlled by, the laws and regulations of the State of New York.
(3) A site shall be located to minimize, to the extent practicable, adverse impacts on agricultural lands.
(j) Natural Resources (1) A site shall be located to minimize, to the extent practicable, adverse impacts on aquatic and terrestrial resources, scenic, historic, cultural and recreational values, and air quality.
(2) A site shall not be located in the critical habitat of '
any endangered or threatened species as defined in the Federal Endangered Species Act of 1973 and New York State laws.
(ii) SITING CRITERIA FOR ABOVEGROUND, BELOWGROUND VAULTS ONLY (a) Surface Waters and Hydrology l,150 Nb) (1) A disposal facility shall not be placed in a 100-year floodplain, coastal hazard area or wetland, as defined in Executive Order 11988, "Floodplain Management Guidelines."
(2) The disposal site shall not be located in a freshwater wetlands, as defined by Article 24 of the New York Environmental Conservation Law (ECL); a coastal area, as defined by Article 40 of the ECL; or a coastal erosion hazard area as defined by Article 34 of the ECL.
W.sc,(,oM (3) The disposal facility 5, hall be well-drained and free of areas of flooding or frequent ponding.
(4) The disposal units 4 ball not be located in areas where the surface runoff could adversely af fect the site's ability to meet the performance objectives.
(b) Groundwater and Hydrogeoloqy .
(A % ' (QM (1) The hydrogeologic unit used for disposal shall not discharge groundwater to the surface within the disposal facility.
4150(,oM (2) The disposal facility shall have sufficient depth to the water table 4 hat groundwater, perennial or otherwise, will not contact the disposal units. An exception to this requirement to allow disposal below the water table will be considered if it can be conclusively shown that disposal characteristics will result in molecular diffusion being the predominant means of radionuclide movement and the rate of movement will result in cogliance with the performance objectives of the site. In no e.ase, shall the waste disposal units be permitted in the zone of fluctuation of the water table.
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6 (c) Geology and Soils U'N (1) The long-term structural stability of :ne site snall :e demonstrated. Areas shall be avoided where surf ace and subsurf ace geologic conditions or processes such as mass wasting, subsidence, erosion, solution-ing, slumping, landsliding or weathering occur with such frequency and extent to significantly af fect the long-term stability of the site to meet the performance objectives or may preclude defensible modeling and prediction of long-term impacts.
(iii) SITE CRITERIA FOR UNDERGROUNO MINED REPOSITORY ONLY (a) Surf ace Water and Hydrology
- 1) The portion of the disposal facility located on the surf ace shall no(t be placed in a 100-year floodplain coastal hazard area or wetland, as defined in Executive Order 11988, "Floodplain Management Guidelines". ,
(b) Mined and Exploitable Resources (1) Areas shall be avoided where existing mined openings and/or )oreholes could adversely affect the site's ability to meet the performnce objectives or could prevent reliable modeling or analyses.
(c) Groundwatir and Hydrogeology ,
(1) The geologic unit in which the disposal units are to be located shall have low permeability and low porosity.
(2) The present and expected regional groundwater flow systen shall be capable of being defensibly characterized, modeled and analyzed.
(3) The regional groundwater flow system shall provide a sufficiently long pathway and slow transit time from the repository to the discharge area that performance objectives of the site are met.
(4) Aquifers between the ground s,urface and the disposal units, which could flood the disposal units should a failure in the shafts (or access tunnels or adits) occur, shall be avoided.
(5) The disposal site shall not be located in an area where such as dissolution, occur with such subsurface hydrogeologic processes,ly frequenc'y and extent to significant affect the ability of the site to meet the performance objectives.
(d) Geology (1) The site shall have geologic formations and hydrogeologic features which permit the safe construction, operation and closure of a disposal facility.
-7 i (2) The geologic unit in ahich the repository is to te located shall have adequata thickness and lateral extent to contain- the disposal units.
(3) The-geologic unit in which the repository is to be located must not contain inhomogeneities or faults which could adversely affect the site's ability to meet the performance objectives.
(4) The site shall be located in an area where subsidence and its impacts are minimized to the extent practicable and does not have an adverse effect on the site's , ability to meet the performance objectives.
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1 SUBPART E - O!SPOSAL TECHNOLOGY CRITERIA 382.19 SCOPE, PURPOSE AND APPLICABILITY ;
(a) Scoce and purpose This Subpart specifies the minimum technical requirements for l the disposal methodologies discussed in Subpart D. !
(b) Applicability Any person or entity who commences construction or operation of a LLRW disposal facility after January 1,'1988, shall comply with this Part unless specifically exempted under Section 382.5 of this Part. The practicable technologies for disposal of LLRW include:
Aboveground, engineered vaults; Belowground, engineered vaults; -
Earth-nounded concrete bunkers; Boreholes; and Underground mined repositories, O
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382.20 O!Sp05AL TECHNOLOGY CRITERIA AND REQUIREMENTS (i) TECHNOLOGY CRITERIA APPLICABLE TO ALL TECHNOLOGIES (a) General (1) Shallow land burial shall not be used as a disposal method.
(2) The construction methods and techniques must not adversely affect the site's ability to meet the performance objectives.
LA.57.o AN (3) The site shall include aluffer zone surrounding the disposal facility within which waste shall not be disposed of, treated, or ;
handled in any way, except for the transportation of the waste from the site l boundary to the disposal f acility. The buffer zone shall' be at least of j sufficient extent (1) to contain a monitoring system capable of detecting j the movement of radionuclides from the disposal units and to allow for any '
necessary mitigation or remediation, (2) to enable the operator to maintain l the security of the site, and (3) to contribute to a desirable facility )
appearance. !
(4) The site or sites selected shall be of sufficient combined capacity to provide, using the proposed disposal methods, for disposal of all low-level radioactive wastes estimated by the Comission to be generated in New York State and to require disposal in such a facility for a period of at least 30 years beginning on January 1,1993. Only waste containing or contaminated with radioactive n.aterials shall be disposed of )
at the site or sites.
(5) No mixed wastes shall be disposed of at the facility unless the site is approved pursuant to Part 361 of this Title (Siting of Industrial Hazardous Waste Facilities) and the facility complies with Part i 370 - 374 of the Title. l (b) Design ,
D' N (1) The disposal units and the site shall be designed to complement and improve, where appropriate, the ability of the disposal site's natural characteristics to assure the performance objectives are met.
@*h b (2) lhe design of the disposal unit and site shall be congatible with the proposed methods of closure and stabilization to provide reasonable assurance that the performance objectives are met.
(3) The disposal facility shall be d1 signed to meet the performance objectives.
(4) The performance of the disposal units shall be capaole of being defensibly characterized, modeled, analyzed, and evaluated.
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(5) Retrieval of waste f r71 tre disposal units daring : e active institutional control period shall be f assible. This ;;rovision snail not compromise or otherwise lessen the ability of the disposal unit to .eet the performance objectives.
t,\ 5 % M (6) The repository design features shall be directed to,vard long-tem isolation and avoidance of the need for continuing active maintenance af ter f acility closure.
MN (7) Site design features shall be directed toward long-term isolation and avoidance of the need for continuing active maintenance af ter site closure 6nd during the a'ctive institutional control period.
(8) Any new access route (s) constructed from existing local highways and railroad to the site shall be designed and constructed using accepted standards and technology.
(ii) TECHNOLOGY CRITERIA APPLICABLE FOR ABOVEGROUND AND BELOWGROUND VAULTS ONLY (a) Design
. . (1) The design shall ensure that the geochemical interaction ,
between the disposal unit containment structures and the soils with which l they come into contact shall not impair the abliity of the disposal units to !
meet the performance objectives.
(2) The disposal units shall be placed on stable foundations i such that settlement of the structures does not impair the ability of the disposal units to meet the performance objectives.
(3) The disposal units shall be designed to maintain their structural integrity and containment perform #nce under probable major natural phenomena for the area, such a's Darthquakes and tornados.
I (4) The disposal units mst be designed to exclude, to the ;
extent practicable, leakage of water into the units. The disposal units i shall be designed with a system that: (1) prevents water resulting from i possible leakage and internal condensation from flooding the waste; and, (2) upon release of such water from the units, it e st not lessen the ability of the site to meet the performance objectives.
(5) During the operational and active institutional control periods, the disposal units shall be provided with a reliable monitoring systes to give early warning of the release of radionuclides from the units so that remedial measures can be taken in time to maintain the ability of the site to meet the performance objectives.
(6) The disposal units shall be designed to minimize, to the extent practicable, water infiltration into the units, to direct percolating or surface waters away from the disposal units, and to resist degradation by surface geologic procestas and biotic activity.
4 (7) Surface features shall direct surf ace water drainage away from discosal units at velocities and gradients tnat will not result in erosion and' require ongoing active maintenance in the future.
(3) The disposal site shall be designed to minimize, to tne extent oracticable, the contact of water or snow with waste during storage, the contact of standing water or snow with waste during disposal, and the contact of percolating or standing water with waste after disposal.
(9) The disposal unit design shall minimize, to the extent practicable, the amount of radioactive material that would be released to the environment should water infiltrate the disposal units.
(iii) TECHNOLOGY CRITERIA APPLICABLE FOR ABOVEGROUND VAULTS ONLY (a) Design .
(1) The waste disposal units shall be designed to resist inadvertent intrusion. Through a combination of design and a commitment to active institutional control, waste dt.sposal units intended to contain only Class A wastes must resist inadvertent intrusion for a period of 100 years.
Waste disposal units intended to contain Class B or Class C wastes shall be design,ed to resist intrusion for, periods of 300 or 500 years respectively.
(2) Waste disposal units shall be designed for long-term stability of their containment structures. The minints time periods for such stability shall be the same as for the resistance to inadvertent !
intrusion given in Section (iii)a.1.
(3) The disposal units shall maintain their structural integrity and containment performance under normal environmental conditions, such as exposure to solar radiation, precipitation (rain, hail, snow and ice), humidity, temperature variations, freeze. thew cycles and the chemical constituents in precipitation (e.g., acid rain).
(4) The disposal units shall facilitate renedial action during the active institutional control period, if required. This provision shall not corpromise or otherwise lessen the ability of the disposal units to meet the performance objectives.
(iv) TECHNOLOGY CRITERIA APPLICAR E FOR SELOWGR00 2 VAULT 5 0 EY (a) Design (1) Waste disposal units intended to contain Class C wastes shall be designed to resist inadvertent intrusion for a period of at least 500 years, a
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(2) The waste disposal units must be designed for long-ter-i structural stability. The minimum time periods for such stability shall :e as follows:_100 years for units containing only Class A wastes; 300 years for units containing Class B wastes; and 500 years for units containing Class C wastes.
(3) The dispoal units shall be within the upper 30 meters of the natural land surface.
(v) TECHNOLOGY CRITERIA APPLICABLE FOR UNDERGR00Pe MINED REPOSITORY ONLY (a) General (1) The site shall include a buffer zone on all sides of the repository of sufficient thickness to protect the facility from &cddenul disturbance or penetration from outside intrusion and to allow for !
environmental monitoring and mitigative measures, if needed. l (2) Mining operations shall not interfere with active waste disposal operations and shall not have en adverse ef feCt on meeting the (
performance objectives. l (3) Mining operations (e.g., blasting) snall be performed in a manner that minimize damage to the surrounding rock and will not compromise the ability of the site to meet the performance objectives.
1 (4) All shafts (or access tunnels or edits) and all boreholes in proximity to the site which could adversely affec': the site's ability to meet the performance objectives shall be identifie6 and sealed with state-of-the-art technologies. l 1
(b) Design .
l (1) The repository shall be located at a depth below the ground surface of greater than 30 m.
(2) The repository shall be designed to minimize subsidence of the ground surface.
(3) The repository shall be designed to minimize, to the extont practicable, the contact of water with waste during operation and closure.
(4) The underground mined cavity shall be designed so that its long term stability will ensure that the performance objectives are met.
(5) The repository shall be designed so that it con 911es with all federal and New York State regulations that are applicable to mining operations.
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s.2 382.3 Definitions _
"Active maintenance" means any significant remedial activity needed during the period of institutional control to maintain a reasonable assurance that the performance objectives of Sections 382.14 and 382.15 are met. Such active maintenance includes ongoing activities such as the pumping and treatment of water from a . disposal unit or one-time measures such as replacement of a disposal unit cover. , Active maintenance does not include custodial activities such as fence repair, replacement or repair of monitor-ing equipment, revegetation, minor additions to soil cover, minor repair of disposal unit covers, and general disposal site upkeep such as mowing grass.
"Aquifer" means a body of rock that contains sufficient saturated permeable material to conduct groundwater and to yield economically significant quantities of groundwater to wells and springs.
"Buf fer Zone" is that port its that is controlled by the licensee that lies under the disp ,
nd between the disposal facility and the boundary of the site, rolled by the operator and owned by the State.
evel radioactive waste "Comission" means the comission f , ,
g disposal f acilities created pursuant to Ar 29 of the Environmental Conservation Law.
"Department" means the New York State Department of Environmental Conser-vation.
"Disposal" means the isolation of LLRW 'from the biosphere inhabited by
, humans and containing their food chains by emplacement in a disposal facility.
"Disposal Facility" means that portion of the site that contains the dispos-al units and all other auxiliary facilities associated with the waste handling and disposal activity.
l A-3 j "Disposal Unit" means a discrete portion of the disposal site into ,,nien waste is placed for disposal. j "Engineered Barrier" means a man-made structure or device that is intended to improve the disposal facility's ability to meet the performance objec-tives in Subpart C.
"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 or flame. !
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"Hazardous Waste" means those wastes designated as hazardous pursuant to ;
Part 371 of this Title. l "Hydrogeologic Unit" means any soil or rock unit or zone which, by virtue of 1
its porosity or permeability, or lack thereof, has a distinct influence on i the storage or movement of groundwater. - l "Inadvertent Intruder" means a person who might occupy the disposal site after closure and engage in normal activities, such as agricultu.e, dwelling construction, or other pursuits in which the perso'n might be unknowingly exposed to radiation from the waste.
"Institutional Control" means a period of 100 years after clcsure during which the State maintains ownership and control of access to the site.
"Intruder Barrier" means a sufficient depth of cover over the waste disposal units that inhibits contact with waste and helps to ensare 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.
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"1.ow-level Radioactive Waste" means radioactive material t j
- Is not high-level radioactive waste, transuranic waste, spent n fuel, or the tailings or wastes produced by the l forextraction its source or conc tion of uranium or thorium from any ore processed primari y material contact; and i tent with Federal
- The United States Nuclear Regulatory Commission, cons s law and in accordance with the above paragra'ph of this definition fies as low-level radioactive waste.
"Monitoring" means observing and making measurements to provide ;
evaluate the performance and characteristics of the disposal site.
facility in which "Near-Surf ace Disposal Facility" means a land disposal h
- radioactive waste is disposed of in or within the upper 30 meters ol J earth's surf ace.
"Operator" means the person having control of the radioactiv d ;
responsible and liable for maintaining, montt,oring, and protec disposal facili.y. I "Person" means any individual, corporatkn, partnership, state government firm, ass t rust , estate, public or private institution, group, agency; and any legal successor, res,resentative, agent, or foregoing. l r
i "PMF" is the probable maximum flood which is the flood that may from the most severe combination of critical meteorologic and conditions that are reasonably possible in the region.
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ig-ites spontaneousl/ in dry or l "py rophoric liquid" means ary liquid that l A pyrophoric solid is any solid I moist air at or below 130'F (54.5*C). as an explosive, which under normal material, other than one classified retained heat from conditions is liable to cause fires through friction, j manuf acturing er processing, or which can be ignited readily and when l ignited burns so vigorously and persistently Includedas areto create a serious l spontaneously transportation, handling, or Gisposal hazard. !
combustible and water-reactiv'e materials. .
includes the disposal unit, the disposal f acil-
"Site" means the area that ity, and the buffer zone.
are taken upon ,
"Site Closure and Stabilization" means those actions' that completion of operations that prepare the disposal site for custodial c and that assure that the disposal site will remain stable and will not ne !
l ongoing active maintenance. ;
"Stability" means structural stability. l "Mined Repository
- means a land disposal facility in which radicactive wa is disposed of in or within the earth at a depth greater than 30 meters.
"Surveillance" means observation of the disposal site for purposes of detection of need for maintenance, custodial care, evidence of intrusion and cospliance with other license and regulatory requirements.
'5o11* means all, unconsolidated earthy material over bedrock. )
I "Shallow Land Burial" means englaces.nt of low-level radioactive wast within the upper 30 meters of the surface of the earth in trenches, ho i or other excavations in which only soil provides structural integrity, barrier to migration of low-level radioactive waste from subsurface water surface water to such into such excavation, or a barrier to entry of fails to allow during the institutional excavation or in a manner that control period for monitoring and control of releases of radioactivity. 1
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