ML20154Q721

Recommends Sending Encl Proposed Response Supporting HR 6570,to Provide Federal Assistance to States for Development of Burial Grounds for Disposal of low-level Radioactive Wastes

ML20154Q721
Person / Time
Issue date:	04/25/1980
From:	Stoiber C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
References
TASK-TF, TASK-URFO SECY-80-206, SECY-80-206-01, SECY-80-206-1, SECY-80-206-R, NUDOCS 9810260057
Download: ML20154Q721 (16)

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April 25, 1980 0~ #," WECv-80-20e 74 4

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LONER COlVjHe Jommpss:.onersM S ACTION From: Carlton R. Stoiber Deputy General Counsel

Subject:

H.R. 6570 .

Discussion: The Chairman of the House Committee on Inter-state and Foreign Commerce has requested your views on H.R. 6570, a bill to provide Federal assistance to the states for their development of burial grounds for the disposal of low-level O

V radioactive wastes and to permit the interim disposal of such wastes in existing federal facilities until States establish such disposal sites. The proposed response reiterates the Commission's general support of legislation which would encourage states to assure the development of regional disposal facilities for low-level radioactive waste. The proposed response also discusses several practical problems which could limit the proposed encour-agement to states provided by interim disposal l of such wastes in existing federal facilities.  ;

Several technical comments on specific provisions l in the bill are also included in the proposed response.

Coordination: Staff comments have been incorporated in the

, proposed response.

Recommendation: Send the proposed response.

Attachment:

Letter Ahearne i ,

f' to Staggers y

Contact:

Sheldon L. Trubatch, OGC Car ton R. Stoiber 634-3224 Deputy General Counsel Commissioners' comments should be provided directly to the Office of the Secretary by c.o.b. Friday, May 9, 1980.

Commission Staff Office comments, if any, should be submitted to the Commissioners NLT May 2, 1980, with an information copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review a omment, the Comissioners and the Secretariat should be apprised of when commen

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• Distribution: Commissioners 3 Commission Staff Offi 9810260057 800425 Executive Directo PDR SECY ACRS80-206 R PDR

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'o UNITED STATES .o .

NUCLEAR REGULATORY COMMISSION N WASHINGTON, D. C. 20055 i

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1 The '+dorable Harley O. St.a_ggers

. Chairman, Committee on' Interstate-and-Foreign Commerce -

U.S. House of. Representatives

• L Washington, D.C. ' 20515

Dear ~Mr. Chairman:

O This is in reply to your request for the Nuclear Regulatory Commission's (NRC) views on H.R. 6570, a . bill to' provide. federal assistance to the states for their 3

development of burial grounds for the disposal of low-level radioactive wastes i i

and to permit the interim disposal' of such wastes in existing federal facilities '

until states establish such ~ disposal sites.

H.R. 6570 would encourage states to establish burial, grounds for low-level ,

radioactive wastes.. The Commission agrees that there is a national need for more low-level waste disposal sites 'and that these. sites should ':1 equitably distributed. Moreover, the Commission believes that the states should be respon-i sible for the low-level wastes generated within their borders. . State residents p benefit from the nuclear. technologies which produce these wastes. and the waste is not sufficiently hazardous nor composed of such materials that Federal assump-tion'of responsibility for them.is required. However, this does not imply that l each state should.have its own disposal site. We~ believe that it may be prefer-i able for-the states to approach this problem on a regional basis and work out r' regional. solutions. .

Section 4(i) would authorize states to enter into agreements and compacts to establish regional disposal sites for low-level radioactive waste. The National Governors Association has supported voluntary compacts for some time as a means for dealing with interestate issues. We understand that this provision would e1%inate the need for specific federal legislation for each compact, thereby encouraging states to assume their appropriate' responsibility for the disposal of ~ low-level waste. We fully endorse that purpose.

H.R. 6570 would' authorize the Secretary of Energy (Secretary) to- dispose of commercial low-level radioactive wastes at existing DOE facilities if that waste is' generated in a state which commits to the establishment of facilities for such waste.. This a'vailability'of federal disposal facilities i; intended to

. provide an incentive for states to encourage the development of disposal faci-

, lities in their borders. Several~ practical considerations could limit the l ' efficacy of.this incentive. First, DOE, in its draft study of Federal burial

! facilities, reports.that most DOE' facilities would be unable to accept commer-L :cial low-level waste without substantial investments in new equipment. Investment l

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l in such equipment could provide an economic incentive for the continued use of i DOE facilities. Moreover, other DOE sites suitable for disposing'of commercial 1

. low-level waste are located in those state.= which currently contain commercial  !

disposal sites. Governors in those states may not be willing to permit the j

' additional burial of commercial wastes at DOE sites in their borders. Finally, l H.R. 6570 does not provide for a state role in the federal decision-making i process for the utilization of existing DOE sites. Thus, the Commission believes l- that the proposed incentive requires further consideration before enactment of L this bill.

l The Commission also has the following comments on specific provision's of this bill.

Section 4 j O This Section would authorize the Secretary of Energy to permit the use'of federal disposal facilities for the burial of commercially generated low-level radio-active waste from specified geographical areas. However, it is unclear who .is to specify these geographical areas, what the criteria are for such specification, and what procedures will be used. If the Secretary is to specify the geographi- l l cal areas without consultation by the states, he may establish regions incon-sistent with any established by state agreements or compacts. The Commission )

recommends that this section be amended to clarify these matters.

Section 4(b) would require a state to commit to the burial of future wastes over )

. a " reasonable" period of time as a condition for that state's utilization of a  ;

I Federal disposal site. The Commission believes that this section should be '

redrafted to be specific regarding a reasonable period of time .for facility operation.

l Section 4(b) appears to be inconsistent with the proposed authorization of state

- O agreements or compacts provided by Section-4(i). Section 4(b) would require a state to commit to the establishment of a regional disposal facility within its borders as a condition precedent to the interim disposal of radioactive waste in a federal facility in that state. However, that state may be a party to an agreement with other states which contain more suitable disposal sites. Thus, the Commission recommends that the Section 4(b) should be amended to permit a state to also utilite a federal facility if that state is a party to compact or agreement which includes a state which has committed itself to the establishment of a regional disposal facility.

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1 Section 4(b) would authorize the Secretary to approve state imposed restrictions on the burial of wastes in State facilities if.those restrictions are based on the risks or dangers inherent in particular wastes. This provision would create an overlap of jurisdiction by the Secretary and the agency responsible for regulating the radiologic health and safety aspects of waste disposal (either the NRC or an Agreement State). Accordingly, the Commission recommends that' I this provision be modified to eliminate this jurisdictional overlap. '

Section 4(d) would authcrize the Secretary of Energy to grant a six-month exten-sion for state utilization of a federal disposal facility upon a determination I that that state has acquired a burial facility of its own. Section,8 defines a  !

facility to include equipment, plant, utilities, and machinery. The Commission l believes that c state should not be required to acquire these components so far I in advance of opt ation to qualify for such an extension. l Section 4(1) does not address the issues regarding jurisdiction of a regional O site by a scoup comprised of A9reement and Non-A9reement States. For example.

if a regional site was located in a Non-Agreement State, the Commission would i

retain licensing authority over the site and, thus, over radioactive waste from '

Agreement States to which it had otherwise relinquished NRC jurisdiction. (See Section 274b of the Atomic Energy Act of 1954, as amended.) The Congress should consider whether the NRC should retain jurisdiction over a site established and  !

operated by a regional compact that includes Agreement and Non-Agreement States.  !

l Section 5 l H.R. 6570 would authorize the Secretary of Energy (Secretary) to assist states with research, development, and siting of disposal facilities. The provision of these incentives by 00E appears to be appropriate. In addition, the Commission believes that the NRC should be authorized to provide technical assistance to state regulatory authorities.

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Section 6(1) provides that planning activities in preparation for the selection of a site for a burial ground shall not be considered as major federal actions.

The Commission believes that these planning activities should be specified.

Section 6(2) provides that alternative means of disposing of low-level radio-active waste need not be considered in any environmental impact statement which may be required in connection with the development of a low-level radioactive waste burial ground pre?osed to be established under this bili . The considera-tion of alternatives has often been described as the "11nch-pin" of the environmental

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decision-maki.ng process. Moreover, burial may not provide the environmentally perferable means for disposing of certain types of low-level waste. Accordingly, l the Commission recommends the deletion of this provision.

i Thank' you for this opportunity to comment on these matters.

l Sincerely, John F. Ahearne

Attachment:

H.R. 6570 O

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96Ta CONGRESS p n 2n SESSION

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'ti To provide Federal assistance, through research and development and othenvise I i (including the use of Federal grounds by Staas on a transitional basis), for the development by the States of grounds for the burial of low-level radioac-( )

! l tive wastes. -

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oV 4 IN THE HOUSE OF REPRESENTATIVES i Frsat:AET 21,1980 .

Mr. Wrotra introduced the following bill; which was referred jointly t.o the

, , , , Com.=ittees on Istedor and Insular Afft. irs, Interstate and Foreign Com-merce, and Science and Technology

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A BILL To provide Federal assistance, through research and develop-O ment and otherwise (including the use of Federal grounds by States on a transitional basis), for the development by .  !

the States of grounds for the burial of low-level radioactive wastes.

1 Be it enacted by ths Senate and House of Representa-1 2 tives of the United States of America in Congress assembled, l 3 That this' Act may be cited as the " Low-Level Radioactive i

4 Waste Burial Act of 1980". i  ;

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f$dY 1 FINDINGS 2 Szc. 2. The Congress finds that-3 (1) there is.a critical shortage of low-level radio-l 4 active waste burial facilities throughout the country, 5 and the development of such burial facilities in ade-

6 quate numbers and locations is essential to the national ,

7 security of the United States and to the health, safety,'

8 and welfare of its people; i

O 9 (2) the Nation has only three commercial burial  ;

i 10 facilities , currently accepting low-level radioactive 1

11 wastes (two of which are subject to restrictions on l 12 what wastes are accepted and two of which were l 13 recently closed temporarily by the Governors of the

, 14 States involved), necessitating the transportation of i 15 low-level wastes through needlessly long distances; O S (3) = r* e't*"'i'e ) "- e'* r*4i "cti'e "*'te i 17- research and development can improve knowledge of l

l 18 low-level radioactive wastes and improve techniques 19 for site selection and for construction and operation of 2'O low-level radioactive waste facilities; l 21 .(4) there are numerous locations throughout the 22 United States that are technologically and geologi.cally 23 suitable for development as low-level waste burial 24 facilities; l

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2 restrictions by States and localities;  !  !

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3 PURPOSE 1 4 '- Szo. S. It is the purpose of this Act- I 5 .

(1) to provide for the development by the Federal 6 Government of methods for helping individual States to 7 establish and opera.te facilities for burial of low-level 8 radioactive wastes; I

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9 (2) to provide onsite Federal assistance and advice ,!

v 10 t6 States in identifying sites for low-level radioactive 11 waste burial facilities, developing the budal procedures, N , 12 and evaluating the operation of such facilities and the ww ~

13 effectiveness of such p ocedures; 14 (S) to provide for the conduct of Federal research 15 and development relating to the identification, dehign, 16 and construction of these burial facilities and the evalu-

' -O 17 ation of their operation, when requested by the States; 18 and 19 (4) to provide, on a transitional basis, dudng spec- i 20 ified periods of time, permanent burial of civilian low-l 21 level radioactive wastes at Federal burial facilities l

L 22 while the States are identifying, designing, and con-23 structing their own burial facilities for such wastes.

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(} . Q Elit. 3 f]:_ t 1 (5) low-level radioactive wastes result from 2 common medical practices in all fifty States with j S nuclear materials used for treatment of about half of all .{

i 4 hospital patients in the United States; similar amounts 5 ,

of low-level radioactive wastes result from industrial 6 and nuclear-energy applicati'ons; ,

7 (6) the Governors of two of the States currently i

8 opera. ting burial facilities for low-level radioactive  ;

Oe wates, aiong with the chairman of the nuclear negu-  !

10- latory Commission, have testified 'that, since all States 11 generate low-level radioactive wastes, each either indi-ri;~.

.T~~' 12 vidually or through regional a.ssociations should bear ,

13 the responsibility for burial of its wastes; 14 (7) the Department of Energy is currently operat-i 15 ing many low-level radioactive waste burial facilities at j o O.16 various locations geographically distributed throughout ) .

17 the Nation, a.nd if these were used on an interim basis ,

j 18 for commercial low-level ws.ste burial, they would sig- ,

le nificantly reduce the transportation required from 20 source to burial;  ;

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21 (8) the primary criteria for choosing transportation  ;

22 routes for low-level radioactive wastes should be  ;

23 enhancement of public health and safety and economic

{... s.5.Si 24 efficiency. The public health and safety is endangered g 25 when low-level radioactive waste transportation is i

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,].fi 1 USE BY STATES OF FEDERAL BURIAL FACILITIES DURING 2 TRANSITIONAL PERIOD

. 3 SEc. 4. (a) The Secretary of Energy (hereinafter in this  !

1 4 Act referred to as the " Secretary") shall use one or more j  !

5 Federal burial facilities for burial of civilian low-level radio-6 a' ctive wastes, and provide necessary services in connection

~7 therewith, on the conditions and for the transitional period or '

8 periods specified in this section. l 1

7 9 (b) The Secretary shall permit one or more Federal  ;

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10 burial facilities to be used for burial of civilian low-level ra-11 dioactive wastes from specified geographical areas within the j

4 12 United States for a period of eighteen months beginning on 18 the date of his approval of a signed statement from the Gov- l '

14 ernor of a State, declaring the intention of that State to have '

15 in operation within its borders within three and one-half 16 years a facility or facilities for burial of future wastes from O 17 those a.rea.s over a reasonable period of time. The statement 18 shall assure that the intended burial facilities when developed 19 and placed in operation shall accept low-level radioactive 20 wastes of all types and from all sources within the speci5ed l 21 geographical area, subject only to such restrictions based 22 upon the risks or dangers inherent in particular wastes as the

, 23 Secretary may approve.

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Jr 1 (c) The Secretary shall permit an eighteen-month exten-2 sion of the burial arrangement for such wastes upon fulfill-3 ment of the conditions- .

4 (1) approval by the. Secretary of a plan provided 5 by the Governor of such State for the development of ,

6 the facility and a schedule for carrying out the plan; 7- ud 8 (2) satisfactory evidence that all license. applica- l g 9 tions required by law with respect to the burial facility 10 or facilities have been properly prepared and submitted l l

- 11. to the appropriate licensing agency.

. ;. , 12 (d) The Secretary shall permit an additional six-month 13 extension of burial arringements in subsection (b) for such j 14 wastes upon his determination that the license application or i

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15 applications in subsection (c) have been approved and'that -

16 the site or sites for the burial facility- or facilities have been A . 1 V

17 selected and acquired by the State defined in subsection (b).

1 18 (e) Upon the specific request of the Governor of the 19 State in subsections (b), any of the periods specified in sub-i 20 section (b), (c), and (d) may be extended for a cumulative 21 total of six months upon a finding by the Secretary of extenu-E 22 ating circumstances.

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23 (f) Any State which uses a Federal burial facility for

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25 under this section shall be required to pay a fee therefor in an

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k l-il amount equal to the higher of (1) an amount equal to the full L 2 oost to the Federal Government of providing the services in-L l3L volved, or (2) the current fair market value in the United I .

4' States of comparable commercial radioactive waste burial

. '5 services, as determined by the Secretary. ~

l(g) As a condition of any State using a Federal burial

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0 7 facility for low-level radioactive wastes during the transition -

L L, 8 al period under this section, the Governor of the State from er .

9 which the wastes originated shall provide satisfactory assur-u

! 10' an'ces that the transportation of wastes involved will not be L 11 unduly impeded by State or local law, ordinance, or practice, v:....

!)x4- .12 with realistic progress being made toward eliminating any

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14 (h) The necessary arrangements for the use of any Fed-15 eral fa.cility for the burial of low-level radioactive wastes 16 originating in any State during the transitional period under 17 this section may be negotiated by the Governor or other ap-L 18 propriate officer of the State or, with the approval of the  ;

l 19 Governor, by the person or persons originating the wastes, j 20 but.only upon a determination by the Secretary that the L 21 State has been unable to. acquire a commitment for disposal i

L 22 of these wastes at existing commercial or State-operated i

- 28 burial facilities which are in the same geographical region as

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s.3 ?:7 1 (i) The Congress hereby gives its consent to any com-l ~ 2 . pact or agreement which may be entered into between States 3 in any region for the burial of low-level wastes at commercial 1

i 4 or State-operate'd budal facilities located in that region, with 5 or without preference for wastes originating in that region,

6. whether such budal grounds are developed and operated with 7 assistance under this Act or otherwise.

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l 8 EESEARCH, DEVELOPMENT, AND OTHER ASSISTANCE TO l

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l 10 SEc. 5. (a) In ord&r to as.sist States in selecting sites for

.11 low-level radioactive waste facilities, and in planning, design- ,

I L- 12 ing, constructing, developing, testing, and operating such

-13 facilities, the Secretary a.t th'e request of.one or more States 14 ' or on his own initia.tive, may -

I 15 (1) conduct research and development specifically 16- designed to assist States in selecting sites for facilities O 17 y and performing engineering and testing activities with l 18 respect thereto;

_ 19 (2) provide onsite assistance to States with re-

! t 20 spect to site evaluation, site development, and any re- l 21 lated demonstrations; r

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!. 22 (3) conduct research studies with respect to the '

23 _ quantities and types of low-level radioactive wa.stes t

l 24 which are expected to be generated in various States

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• 1 and regions, and provide each State with the relevant 2 information derived from such studies; and  ;

3 (4L take such other actions, conduct such other 4- activities, and disseminate such other information as 5 may be necessary or appropriate to carry out the pur-

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6 poses and achieve the objectives of this Act.  !

7 (b) In addition, the Secretary shall accelerate the con-8 duct of research and development and the performance of O 9 rel ted activities with respect to the compacting and immobi-l 1

.10 lization of low-level radioactive wastes to aid States in their ,

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11. planning and related activities under this Act. I

,,jy 12 SPECIAL PROVISIONS RELATING TO ENVIRONMENTAL 13 D@ACT STATEMENTS 14 SEC. 6. For purposes of assisting in preparation of any 15 environmental impact statements which may be required by n

v 16 law in connection with developrnent of low-level radioactive 17 waste facilities as described in this Act-18 (1) the planning activities in preparation for the 19 selection of a site for such burial grounds shall not be 20 , considered as a major Federal action under such law; 21 (2) alternative means of disnosine of low imi ra-l 22 dioactive wastes need not be considered in any such g 23 statement; and -

c 24 (3) any action brought in any court in connection

'. 25 with such statement shall be assigned for hearing and l

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I completed at the earliest possible date, and shall to the 2 greatest extent possible take precedence over all other 3 cases then pending before the court and such actions 4 shall be expedited by such court.

5 uSCELLANEOUS PROVISIONS 6 SEc. 7. Notwithstanding any other provision of law, the -

7 . Secretary Ji keep the appropriate committees of the 8 House of Re, . .atatives and the Senate fully and currently  :

C) 9 informed with respect to all activities under this Act.

10 DEFINITIONS 11 Szc. 8. Facility shall include the low-level radioactive m:c J 12 waste bunal site and all buildings, equipment, plant, utilities, 13 machinery, and improvements to land on that site rela.ted to 14 hr.ndling and burial of those wastes.

15 A.PPROPRIATIONS 16 Szc. 9. There are authorized to be appropriated to the

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17 Secretary to carry out this Act the sum of $1,000,000 for the '

18 fiscal year 1980, and such sums as may hereafter be provided 19 for in annual authorization Acts for the fiscal year 1981 and 20 subsequent fiscal years.

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