ML20154Q774

Provides Comments on HR 6570

ML20154Q774
Person / Time
Issue date:	04/03/1980
From:	Bunting J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Martin J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
TASK-TF, TASK-URFO NUDOCS 9810260071
Download: ML20154Q774 (15)

Text

p l O e. O Y l /

1. p@3 KfC o l

UNITED STATES 8 -

I,k NUCLEAR REGULATORY COMMISSION -

h g WASHINGTON, D, C. 20555

%y p' APR 3 1980 g' MEMORANDUM FOR: John B. Martin, Director Division of Waste Management FROM: Joseph 0. Bunting, Jr., Chief Licensing Process and Integration Branch

SUBJECT:

COMMENTS ON H.R. 6570 This Bill offers a potentially useful incentive for states to develop low-level waste (LLW) burial facilities, but should be carefully scrutinized to assure that the incentive works and does not leave the federal government with an unwanted responsibility. The proposed incentive is that the U.S.

Department of Energy (D0E) may provide commercial LLW disposal services at

(]-

federal burial facilities up to four years during which an interested state is developing a facility of its own. The time of availability of federal burial facilities could be increased depending on the implementation of certain state actions, such as license application submission and site purchase.

Several practical obstacles could complicate this otherwise promising proposition. First,-according to the draft DOE study of federal burial facilities, most would be unable to handle commercial LLW without substantial investments in new equipment different from what they are now using to handle mostly uranium-contaminated wastes. Since the Bill would authorize fees at the higher of either federal costs or market prices, there would be an economic incentive for these federal facilities to remain available to amortize the substantial investments likely to be needed to convert the facilities. The remaining DOE sites most suitable for early commercial LLW acceptance are in the states with commercial LLW facilities already, whose Governors may well be unwilling to countenance an even greater influx p)

A._

of wastes to their states, especially at facilities outside their jurisdiction.

The absence of any host state role in the federal decision-making process, either for conversion of existing facilities or for setting conditions for the acceptance of other states? wastes, could also aggravate host state opposition.

Contnents on specific provisions of the Bill follow:

Section 4(b)

1. It is urclear who is to specify the geographical regions, what the criteria for specification are, and what procedures will be used. If the l Secretary is to impose such restrictions on interstate commerce, he may need additional statutory authorization.

2. If the. Secretary is to specify the geographical regions that each facility is to serve, he may in effect usurp the powers of the states to Congress to establish interstate compacts. Where they exist, such compacts should define regions.

I

! 9810260071 800403 PDR ORG NOMA L_

PDR j

q .- . s p., o Q

G APR 3 1980

3. 'What is a " reasonable" period of time for facility operation?

4. The Secretary of Energy should not be authorized to approve facility restrictions based on risks or danger::. Regulatory functions related to radiological health and safety should remain exclusively with NRC, not subject to approvals by agencies with developmental missions.

S. The requirement that new facilities accept all types of wastes could interfere with implementation af a more flexible system of several disposal facilities based on waste classification. The Secretary and the state should have discretion to negotiate agreements, subject to NRC licensing requirements, for more specialized facilities to handle only certain kinds of wastes, if so desired. Some states may not have suitable sites for acceptance of all types of LLW.

(] Section 4(d)

Since " facility" is defined to include equipment, plant, utilities, and machinery, the state should not have to acqaire these facilities so far in advance of operation simply to qualify for a six-month extension on federal burial arrangements.

Section 4(g)

No state governor can provide satisfactory assurance that the transportation of wastes to the federal facility will not be unduly impeded by state or local law, either within his state or others. Such problems should not arise, however, if the U.S. Department of Transportation (DOT) and NRC enforce proposed regulations.

Section6(1)

(.

" Planning activities in preparation" for site selection should be defined.

Section(2)

The provision to include alternative means of disposing of low-level radioactive waste from NEPA analyses should be deleted.

p --

^', m / h/h J ~ f

/ Joseph 0. Bunting, Jr., Chief QLicensingProcessandIntegration Branch i

.~.

...g' DISTRIBUTION: WM 80-94 WMPI r/f Subject File APR 3 1980 Wm r/f NMSS r/f JSurmeier PEMORANDUM FOR: John B. Martin, Director J0 Bunting Division of Waste Management W"I"9 FROM: Joseph 0. Dunting, Jr., Chief Licensing Process and Integration Branch

SUBJECT:

COMMENTS ON H.R. 6570 This Bill offers a potentially useful incentive for states to develop l low-level waste (LLW) burial facilities, but should be carefully scrutinized to assure that the incentive works and does not leave the federal government with an unwanted responsibility. The proposed incentive is that the U.S. '

Departnent of Energy (DOE) may provide commercial LLW disposal services at .

federal burial facilities up to four years during which an interested state '

is developing a facility of its own. The time of availability of federal burial facilities could be increased depending on the implementation of certain state actions, such as license application submission and site purchase.

Several practical obstacles could complicate this otherwise promising proposition. First, according to the draft DOE study of federal burial -

facilities, most would be unable to handle commercial LLW without substantial investments in new equipnent different from what they are now using to handle mostly uranium-contaminated wastes. Since the Bill would authorize i fees at the higher of either federal costs or market prices, there would be i an economic incentive for these federal facilities to remain available to amortize the substantial investments likely to be needed to convert the facilities. The remaining DOE sites most suitable for early commercial LLW acceptance are in the states with commercial LLW facilities already, whose Governors may well be unwilling to countenance an even greater influx of wastes to their states, especially at facilities outside their jurisdiction.

The absence of any host state role in the federal decision-making process, either for conversion of existing facilities or for setting conditions for the acceptance of other states' wastes, could also aggravate host state opposition.

Come.nts on specific provisions of the Dill follow:

Section4(b)

1. It is unclear who is to specify the geographical regions, what the criteria for specification are, and what procedures will be used. If the Secretary is to impose such restrictions on interstate comerce, he may need additional statutory authorization.

2. If the Secretary is to specify the geographical regions that each facility is to serve, he may in effect usurp the pov:ers of the states to <

Congress to establish interstate compacts. Where they exist, such compacts L should define regions. i OFFICE h ... . .. . .

SURNAMEk .. .. .

DATEk. .. . . .-

NTC FORM 338 (9 76) NRCM 0240 D U.S. GOVERNMENT PRINTINO OFFICE: 1979 289 369

-2 APR 3 1980

3. What is a " reasonable" period of tin,e for facility operation?

4. The Secretary of Energy should not be authorized to approve facility restrictions based on risks or dangers. Regulatory functions related to radiological health and safety should remain exclusively with fiRC, not subject to approvals by agencies with developmental missions.

6. The requirement that new facilities accept all types of wastes could interfere with implementation of a more flexible systen of several disposal facilities based on waste classification. The Secretary and the state should have discretion to negotiate agrecuents, subject to NRC licensing requirements, for more specialized facilities to handle only certain kinds of wastes, if so desired. Some states may not have suitable sites for acceptance of all types of LLU.

Section 4(d)

Since " facility" is defined to include equipment, plant, utilities, and machinery, the state should not have to acquire these facilities so far in ddV0nCe Of operation simply to qualify for a six-month extension on federal burial arrangements.

Section 4(g)

!!o state governor can provide satisfactory assurance that the transportation of wastes to the federal facility will not be unduly fopeded by state or local law, either within his state or others. Such problems should not arise, however, if the U.S. Department of Transportation (DOT) and f;RC enforce proposed regulations.

Section 6(1)

" Planning activities in preparation" for site selection should be defined.

Section (2)

The provision to include alternative means of disposing of low-level radioactive waste from fiEPA analyses should be deleted.

Original Signed By:

Joseph 0. Bunting, Jr., Chief Licensing Process and Integration i Branch Orrice). . WMPJ .WMPI .WtgI .

! suRNauck ..R8a.cDouga.l. :prh. .JSurmeier .Jnnunting- h DATEk 4[2[h.0 .4/f /B0.

.4/. . . /B0.

NQC FORM 318 (9 76) NRCM 0240 DU.S. GOVERNMENT PRINTING OFFICE: 1979 289-369

1 ROM ' D A T E OF DOCUME N T DATE RECE fvED NO'

'~

2/21/80

/

3/5/*0 tM-80-94 /

J.! artin, $N

}H i oR ME MO . OR r . Or ER ,) jf Bill d\b TO ( ORIG. CC OTHER j ,

J. Bunting, W1PI XX CTsON NECE 55ARY k CONCURRENCE O ^ ' t ANSW E R E D C LCSSIF .,

FNO ACTION NECE SSARY O COMMENT O Ry 3/21/80 PO51 OF FICE FIL E CODE RFG NO DESCRIPTION IMust Be Uncimuted' REFERRE D TO DATE RECEIVED BY DATE a Review of H.R. 6570 1 J. Bunting 3/6, fgh

ENCLOSURES CEMORC15 j

q i

+

l

( U S NUCLE AR REGUE ATORY COMMISSION FOR N g ,RC y 3265 2

I 967u CONGRESS 2D SESSION To provide Federal assistance, through research and development 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 radioac-tive wastes.

O IN THE IIOUSE OF REPRESENTATIVES FEBRUARY 21,1980 Mr. WyDLEn introduced the following bill; which was referred jointly to the Committees on Interior and Insular Affairs, Interstate and Foreign Com-

.merce, and Scienco end Technology 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 the Senate and House of Representa-2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the 'hw-Level Radioactive

-4 Waste Burial Act of 1980".-

1 2

FINDING 8 1

2 SEC. 2. The Congress finds that-3 (1) there is a critical shortage of low-level radio-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; 9 (2) the Nation has only three commercial burial g 10 facilities currently accepting low-level radioactive 11 wastes (two of which are subject to restrictions on 12 what wastes are accepted and two of which were 13 recently closed temporarily by the Governors of the 14 States involved), necessitating the transportation of 15 low-level wastes through needlessly long distances; 10 (3) more extensive low-level radioactive waste 17 research and development can improve knowledge of 18 low-level radioactive wastes and improve techniques 19 for site selection and for construction and operation of 20 low-level radioactive waste facilities; 21 (4) there are numerous locations throughout the 22 United States that are technologically and geologically 23 suitable for development as low-level waste burial 24 facilities;

3 1

(5) low-level radioactive wastes result from 2 common medical practices in all fifty States with 3

nuclear materials used for treatment of about half of all 4 hospital patients in the United States; similar amounts 5 of low-level radioactive wastes result from industrial 6 and nuclear-energy applications; 7

(6) the Governors of two of the States currently 8 operating burial facilities for low-level radioactive O wates, al ng with the Chairman of the Nuclear Regu-10 latory Commission, have testified that, since all States 11 generate low-level radioactive wastes, each either indi-12 vidually or through regional associations should bear 13 the responsibility for burial of its wastes; 14 (7) the Department of Energy is currently operat-15 ing many low-level radioactive waste burial facilities at 16 various locations geographically distributed throughout O 17 the Nation, and if these were used on an interim basis 18 for commercial low-level waste burial, they would sig-19 nificantly reduce the transportation required from 20 source to burial; 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 24 efficiency. The public health and safety is endangered 25 when low-level radioactive waste transportation is

~ - - - - - - - - - - - - - - - _ - - __ _ _

4 1

moved on circuitous routes as a result of transportation 2 restrictions by States and localities; 3 PURPOSE 4 SEC. 3. It is the purpose of this Act-5 (1) to provide for the development by the Federal 6 Government of methods for helping individual States to 7 establish and operate facilities for burial of low-level 8 radioactive wastes; 9 (2) to provide onsite Federal assistance and advice g 10 to States in identifying sites for low-level radioactive 11- waste burial facilities, developing the burial procedures, 12 and evaluating the operation of such facilities and the 13 effectiveness of such procedures; 14 (3) to provide for the conduct of Federal research

.15 and development relating to the identification, design, 16 and construction of these burial facilities and the evalu-17 ation of their operation, when requested by the States; $

18 and 10 (4) to provide, on a transitional basis, during spec-20 ified periods of time, permanent burial of civilian low-21 level radioactive wastes at Federal burial facilities 22 while the States are identifying, designing, and con-23 structing their own burial facilities for such wastes.

5 1

USE BY STATES OF FEDERAL BURIAL FACILITIES DURINO 2 TRANSITIONAL PERIOD 3 SEC. 4. (a) The Secretary of Energy (hereinafter in this 4 Act referred to as the " Secretary") shall use one or more 5 Federal burial facilities for burial of civilian low-level radio-6 active wastes, and provide necessary services in connection 7 therewith, on the conditions and for the transitional period or 8 periods specified in this section.

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

10 burial facilities to be used for burial of civilian low-level ra-11 dioactive wastes from specified geographical areas within the 12 United States for a period of eighteen months beginning on 13 the date of his approval of a signed statement from the Gov-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 h 17 those areas 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 specified 21 geographical area, subject only to such restrictions based 22 upon the risks or dangers inherent in particular wastes as the 23 Secretary may epprove.

m- _

6 1

(c) The Secretary shall permit an eighteen-month exten-f 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 and 8 (2) satisfactory evidence that all license applica-9 tions required by law with respect to the burial facility g 10 or facilities have been pmperly prepared and submitted 11 to the appropriate licensing agency.

12 (d) The Secretary shall permit an additional six-month 13 extension of burial arrangements in subsection (b) for such 14 wastes upon his determination that the license application or 15 applications in subsection (c) have been approved and that 16 the site or sites for the burial facility or facilities have been 17 selected and acquired by the State defined in subsection (b). $

18 (e) Upon the specific request of the Governor of the 19 State in subsections (b), any of the periods specified in sub-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-22 ating circumstances.

23 (f) Any State which uses a Federal burial facility for 24 low-level radioactive wastes during the transitional period 25 under this section shall be required to pay a fee therefor in an

7 1 amount equal to the higher of (1) an amount equal to the full 2 cost to the Federal Government of providing the services in-3 volved, or (2) the current fair market value in the United 4 States of comparable commercial radioactive waste burial 5 services, as determined by the Secretary.

6 (g) As a condition of any State using a Federal burial 7 facility for low-level radioactive wastes during the transition-8' al period under this section, the Governor of the State from Q 9 which the wastes originated shall provide satisfactory assur-10 ances that the transportation of wastes involved will not be 11 unduly impeded by State or local law, ordinance, or practice, 12 with realistic progress being made toward eliminating any 13 restrictions on or impediments to such transportation.

14 (h) The necessary arrangements for the use of any Fed-15 eral facility for the burial of low-level radioactive wastes 16 originating in any State during the transitional period under O 27 1his section may be negotiatea by the Governor or other ap.

18 propriate officer of the State or, with the approval of the

.10 Governor, by the person or persons originating the wastes, 20 but only upon a determination by the Secretary that the 21 State has been unable to acquire a commitment for disposal 22 of these wastes at existing commercial or State-operated 23 burial facilities which are in the same geographical region as 24 the source of the wastes.

1 l 8 1 (i) The Congress hereby gives its consent to any com-2 pact or agreement which may be entered into between States 3 in any region for the burial of low-level wastes at commercial 4 or State-operated burial facilities located in that region, with 5 or without preference for wastes originating in that region, G whether such burial grounds are developed and operated with 7 assistance under this Act or otherwise.

8 RE8EARCII, DEVELOPMENT, AND OTHER ASSISTANCE TO 9 STATE 8 10 SEC. 5. (a) In order to assist States in selecting sites for 11 low-level radioactive waste facilities, and in planning, design-12 ing, constructing, developing, testing, and operating such 13 facilities, the Secretary at the request of one or more States 14 or on his own initiative, may-15 (1) conduct research and development specifically 10 designed to assist States in selecting sites for facilities 17 and performing engineering and testing activities with O 18 respect thereto; 19 (2) provide onsite assistance to States with re-20 spect to site evaluation, site development, and any re-21 lated demonstrations; 22 (3) conduct research studies with respect to the 23 quantities and types of low-level radioactive wastes 24 which are expected to be generated in various States

9 1 and regions, and provide each State with the relevant 2- information derived from such studies; and 3- (4) 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-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 9 relat d a tivities with respect to the compacting and immobi-O 10 lization of low-level radioactive wastes to aid States in their 11 planning and related activities under this Act.

12 SPECIAL PROVISION 8 RELATING TO ENVIRONMENTAL 18 IMPACT STATEMENTS 14 SEC. 6. For purposes of assisting in preparation of any 15 environmental impact statements which may be required by 16 law in connection with development .of low-level radioactive O 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 disposing of low-level ra-22 dioactive wastes need not be considered in any such 23 statement; and 24 (3) any action brought in any court in connection 25 with such statement shall be assigned for hearing and

10 1 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 MISCELLANEOUS PROVISIONS 6 SEC. 7. Notwithstanding any other provision of law, the 7 Secretary shall keep the appropriate committees of the 8 House of Representatives and the Senate fully and currently 9 informed with respect to all activities under this Act. g 10 DEFINITION 8 11 SEC. 8. Facility shall include the low-level radioactive 12 waste burial site and all buildings, equipment, plant, utilities, 13 machinery, and improvements to land on that site related to 14 handling and burial of those wastes.

15 APPROPRIATION 8 16 SEC. 9. There are authorized to be appropriated to the 17 Secretary to carry out this Act the sum of $1,000,000 for the O 18 fiscal year 1980, and such sums as may hereafter he provided 19 for in annual authorization Acts for the fiscal year 1981 and 20 subsequent fiscal years.

O

__ -