ML20198A909

Provides Responses to Questions on LLW Regulations,Per Embassy Request of 981029,from M Optican to M Lopez-Otin. Responses to Questions 2-5 Provided as Listed

ML20198A909
Person / Time
Issue date:	12/08/1998
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Davidow J U.S. EMBASSIES
Shared Package
ML20198A913	List: ML20198A909 ML20198A915
References
NUDOCS 9812180001
Download: ML20198A909 (20)

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WA$HINGToN, D.C. 20555.0001 'I t '

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\.....f CHAIRMAN December 8, 1998 The Honorable Jeffrey Davidow American Ambassador U.S. Embassy Paseo de la Reforma 305 06500 Mexico, D.F.

Sir:

We are providing responses to questions on low-level waste (LLW) regulations per your [

Embassy's request of October 29,1998, from Mitchell Optican, Deputy Environment, Science and Technology Counselor, to Ms. Maria Lopez-Otin, Executive Assistant, Office of Cornmissioner Nils J. Diaz. We understand that you have received the response to question one. Responses to questions two through five are provided herein.

2a. What is the transboundary shipment regime for importing low-level radioactive wastes from Mexico to the United States?

Imports of LLW require a specific license from the NRC pursuant to Title 10, Code of Federal Regulations, Part 110," Export and Import of Nuclear Equipment and Material"(Enclosure 1).

NRC has issued no licenses authorizing LLW imports from Mexico. NRC's definition of LLW can be found in 10 CFR Part 61, section 61.2, " Definitions."

2b. Are such shipments controlled by international agreements to which the U.S. and Mexico are parties, or by U.S. Federal regulations?

As noted in 2a., shipments of LLW to the U.S. are controlled by U.S. Federal Regulations -

administered by the NRC, not by international agreements. However, the U.S. and Mexico are guided in their respective authorizations and consultations by an international Code of Practice adopted by Member States of the Intemational Atomic Energy Agency (IAEA Code) in 1990 (Enclosure 2).

2c. If so, what controls do such agreements place on importation of low-level radioactive waste to the United States?

International agreements do not control LLW imports. A basic principle of the IAEA Code is that transboundary movements of radioactive waste should take place with the prior notification and consent of the sending, receiving, and transit countries. The IAEA Code also provides that no receiving country should permit the receipt of radioactive waste for management or disposal unless it has the administrative and technical capacity and regulatory structure to manage and 7

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dispose of the waste in a manner consistent with international safety standards. As explained /

further in the Statement of Considerations, the NRC's final rule on import and Export of /

Radioactive Waste (Enclosure 1) embraces these principles. ' ,/

9812180001 981208 /

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2d. Are States able to place additional controls or prohibitions on such imports?

Within the U.S., NRC has exclusive jurisdiction, vis-a-vis the States, for granting or denying import licenses. However, the NRC recognizes the authority of individual LLW compacts to decide whether or not to accept non-compact (e.g., foreign) LLW for disposal in the compact region. Currently, there are ten LLW compacts in the U.S. The NRC will consult with interested States and LLW compacts prior to issuing an import license for LLW. The NRC will not grant an import license for waste intended for disposal unless it is clear that the waste will be accepted by a disposal facility, host State, and compact (where applicable). States may secommend or require controls cr prohibitions on propose': imports when consulted by the NRC during the licensing review process.

3a. What States are involved in other interstate compacts for radioactive wastes?

See Low-Level Radioactive Waste Disposal Compact Membership from the Low-Level Radioactive Waste Forum (Enclosure 3).

3b. Do any other interstate compacts involve States so distant from each other as Texas is from Maine and Vermont?

Yes. North and South Dakota are located some distance from the host State, California, in the Southwestern Compact (Enclosure 3).

3c. Are there other facilities closer to Maine and Vermont which might have oeen capable of handling their wastes?

The Barnwell facility in South Carolina.

4. What is the record of other low-level radioactive waste sites nationwide? (Mexican press reports have stated that all other sites of this nature have had performance / contamination problems of some sort).

In the 1960's and 1970's, six commercially-operated disposal facilities were licensed to operate.

The following are the original LLW disposal facilities and their operating dates:

Beatty, Nevada (1962-1992)

West Valley, New York (1963-1975)

Maxey Flats, Kentucky (1963-1977)

Richland, Washington (1965 -- still operating)

, Sheffield, Illinois (1968-1978) l Barnwell, South Carolina (1971 -- still operating)  ;

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O All sites operated within the regulatory guidelines at that time, and neither public health nor safety was compromised. However, remedial actions have been necessary at some sites. In particular, sites licensed under older regulations (such as the West Valley, Maxey Flats, and Sheffield sites) were closed in the 1970's due to continued performance problems. These performance problems resulted in migration of radionuclides due to water infiltration into the disposal trenches and lack of specific requirements on waste package / waste forms for disposal.

The Maxey Flats problems became severe enough that in 1986 the site was placed on the national priorities list for clean-up under the U.S. Superfund legislation. Revised LLW disposal regulations (10 CFR Part 61), completed in the early 1980's, address these past problems. The Richland and Barnwell sites continue to operate safely. In addition, the Envirocare of Utah, Inc., site in Clive, Utah, has been accepting LLW for disposal since 1991. The State of Nevada closed the Beatty site in 1992 for reasons unrelated to performance.

The Texas facility was designed to meet these new requirements (more specifically, Texas regulations that are compatible with Federal regulations in 10 CFR 61). In addition, the design of the Texas facility would use a combination of site features (i.e., an arid environment) and engineered barriers (concrete canisters) to prevent migration of radionuclides. None of the sites licensed in the 1960's and 1970's were licensed under 10 CFR Part 61, nor did they utilize

. concrete barriers. All used the relatively simple approach called " shallow land burial,"in which waste is placed directly into excavated trenches. The Envirocare site was licensed under the Utah equivalent of 10 CFR Part 61.

Sa. What is the Federal regulatory regime governing their interstate transport?

Low-Level Waste Shipment Manifest Information and Reporting - 10 CFR Parts 20 and 61 and equivalent Agreement State regulations.

On March 27,1995 (60 FR 15649), the NRC published an amendment to its regulations (10 CFR 20.2006) to improve the quality and uniformity of information contained in manifests that are required to control transfers of LLW ultimately intended for disposal at a land disposal facility. This amendment, effective March 1,1998, established a set of forms to allow LLW to be tracked from its origin, and to serve as a national uniform LLW manifest to meet NRC, Department of Transportation (DOT), and Stato and compact information requirements. This amendment also requires LLW disposal site operators to electronically store container-specific manifest information, and requires the disposal site operators to be capable of reporting the stored uniform manifest information on a computer-readable medium.

Radioactive material shipments are subject to DOT regulations -- Title 49, Chapter 1, Subchapter C-Hazardous Materials Regulations.

On September 28,1995, the DOT, in cooperation with NRC, published a final rule, " Hazardous Materials, Transportation Regulations; Compatibility with Regulations of the IAEA," (60 FR 50292) on offsite transportation of radioactive materials, which includes LLW. NRC published its own regulations at 10 CFR Part 71, " Packaging and Transportation of Radioactive Material" (60 FR 50248 and 61 FR 28724). The purpose of these regulations is to bring U.S. radioactive material transportation requirements in line with IAEA standards. Most provisions of the new rule became effective April 1,1996.

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Sb. Are permits required?

Other than the Federal manifest requirements and regulations described above, there are no additional Federal permits required for the interstate shipment of low-level waste. Shipments must be in compliance with NRC and DOT regulations.

I trust this information is responsive to your inquiry. Additional questions should be directed to Mr. Richard Bangart, Director, Office of State Programs, at 301-415-3340.

Very truly yours, l

Shirley Ann Jackson l l

Enclosures:

1. Final rule on import and Export of Radioactive Waste

2. Article entitled "The International Transboundary Movement of Radioactive Waste"

3. Low-Level Radioactive Waste Disposal Compact l

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.. . 37556 Federal Register / Val. 60. No.140 / Friday, July 21. 1995 / Rules and Regulati:ns p .

SUPPL.BerfAM INP0mMT1004

. L Ot(ective and Becnyound

n. Analysis of Public comunents on Proposed

$- Rule

m. Overview ofNew Rule L Objective and Background z

,, Radioactive waste is generated from j the nuclear fuel cycle during the normal

! operation of nuclear power plants, fuel 2 fabrication plants, enrichment fuellities.

t uranium mining and milling facilities:

the dacamminaioning and close out of nuclear facilities (environmental metoration); and the use of radioactive materials in medicine, industrial applications,research andeducation.

The nuclear fuelcycleis by far the largost source of radioactive weste, with low-levelradioactive waste (LLW) currently accounting for b largest proportion of weste by volume.The importana of protecting human health and the environment in radioactive NUCLEAR RE001.ATORY waste management and disposalhas COMMISSION long been recognised by the NRC.This rule helps ensure the safe management 10 CPR Part110 and disposal of radioactive waste by amending the NRC's regulations in 10 NN3150 AD34 CFR Part 110 with res to radioactive import and Export of Radioactive waste entering or les athe y,,,, jurisdiction or control of the United States. The amendment also clarifies the AGENCY: Nuclear Regulatory requirements applicable to shipments of Comminalen. inddental radioactive material.

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• Final rule. This Anal rule is intended to reDect the prindples of the International SuasasAM: %e Nuclear Regulatory Atomic Energy Agency (IAEA) Code of Commission (NRC)is amending its Practice on the International regulations to establish specific Transboundary Movement of Ikonsing requirements for the import Radioactive Waste (Code).The Code and export of radioactive waste and to was approved in September 1990, with clarify the requirements for the import strong U.S. Government support.The and export ofincidental radioactive Code resulted from an international materialcominginto orlesving h effort within the IAEA to address United States.The amendments concerns about possible improper conform the policies of the United transfer and disposal of radioactJve States to the guidelines of the waste. A set of principles was intomational Atomic Energy Agency established to guide countries in the (IAEA) Code of Paction on b development and harmanimation of IntemationalTransboundary Movement Policies and laws on transboundary of Radioactive Waste.These movements of radioactive waste to amendments strengthen the ensum its safe management and Comminalon's control over radioactive disposal. A basic principle of the Code waste entering and leaving b United is that international m:v===='a of States. radioactive waste abould take place with the prior not1Gcation and smaant EPPECTWE DATE: August 21.1995.

. of the eending, roosjving, and transit ADDRESSES: Copies a(msnments countries.The Code also provides that rocsived an evallable for public no remiving country should tthe inspection and copying for a fee at the receipt of radioactive waste r==tanton's Public Document Room. man ont or disposalunlessithas located at 2120 L Stmet.NW. (Lower the a tive and tach =le=1 1mvel).Wa h'a tan.DC. capacity and regulatory strecture to FOR FUlmtR 58POM4Afl0N CONTACTt manage and dispose of the waste in a Ronald Hauber. OfEce of Intemational manner consistent with international Programs.U.S. Nuclear Regulatory safety standards. Before the issuance of r==!ssion. Washington DC 20555- this final rule. NRC's regulations were 0001. Telephone (301) 415-2344. not ranslatant with the principles

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Fed:r:1 Register / Vcl. So, No.140 / Friday, July 21, 1993 / Rulis_and - Reguhtlons

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embodied in the Code, especially with radioactive wasta tobe moved into or should be handled consist:ntly, but in

j. regard to possible transfers cf1.1,W. (N cut cf the United Stat:s, exmpt perhaps some attuations them am policy Basel Convention on the Contmlof in a few extraordinary circumstances, considerations that militate in favor of a different result: An example of this is j p===6admey Movements of Another commenter urged the NRC to j Hazardous Wastes and their Disposal ban allimports and exports of found in the exclusion of certain sealed i expressly excludes from its coverage radioacuve waste.no NRC does not sources from the deSnition of i "lwlastes which, as a result of being agrw with bee highly restrictive " radioactive waste", discussed above, i radioactin, are subject to other appmaches. International commerceln Other exceptions are discussed international control systems, including radioactin waste, including movement elsewhere in the supplementary intamational instruments, applying of waste into and out of the United information, specd5cally to radioactive materials". States, may be desirable from a policy Several ===antere said that NRC's Because ths IAEA Code of Practice is an perspective.For example, some policy on regulation of export and-internationalinsuument applying mmmerce involving radioact've waste import of remoedive waste for waste speciacally to radioactive materials, mana8ement purposes needs radioactin wasteis excluded from b may further important the international communitypohey(goals such as mod of 15 cation. They opined that import scope of b Basel Convention.) waste ahlpments forinternational and export for waste ==~ t i

! Under the Atomic Energy Act of1954, meearch)and other ahlomants may purposes, as distinct from ,

i as amended NRC has the statutory embody desirable take-back features abould not be subject to i respo. nsIbility for authorizing the export (such as return of U.S. Government licensing under Part 110. One of these j and import of byproduct, source, and radioactin wasts and shipments of used commenters, representing businesses in

specialnuclear matedal.b NRC radioactin sources to adad==d dommmissioning and envu' ==---21 regulates the import and export of these consignees). restoration activities, said that

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materials under to CFR Part 110. Until Other commenters urged the NRC to licanalng should not be for i now, NRC's regulations in Part 110 were exempt from specific liconalng controls volume reduction, treatment, and corcomed primarily with exports and movements of sealed sourms that are resource recovery. Others argued that j

frports that have nuclear proliferation being sturned to the U.S. or another waste management practices should be j

sign 1Ecance. Thus, radioactive materials country for reconditioning, recycling or encouraged internationally without that have little or no algniacance with reprocmasing. They noted that, while the unnamesary restrictions as respect to national security supplementary information of the disposal costs make them more le (proliferstion), such as 1.1.W. have not proposed rule incorporstod this view, and cost effective, especiallywhen been subject to speciac licansing. no such povision was expressly residual 1.1,W will be returned to the j

7tather, radioactin waste has been provided in the regulations.The NRC country of origin. In response to these 7

allowed to leave b United States under believes that there should be an comments, the NRC has made special

! general export licenses pursuantto exclusion from the dennition of provisions for certain ahlpments

! $$ 110.21-110.23 and to enter the " radioactive waste"in Part 110 for intended for recycling or resource

! United States under simitar Part 110 movements of sealed sources and recovery (See the provisions in the Anal

! provisions in $ 110.27. (ARer entry into devices containing sealed sources to any rule relating to incidental radioactive

the United States,the domestic quahfied manufacturer authorimod to material.) However, though the i regulations of the NRC and Agreement rocsive and possess them. hee types proposed rule published in 1992 did

! States apply.) During the denlopment of transfers help to ensure that the have an exclusion for return of of this rulemaking, the NRC,in materials are handled ree nelbly and radioactive waste to a consignee in the

( country that previously exported the j consultation with other government not left in dispersed and

agencies, published an advance notice unregulated locations aroun i e world, radioactive material, after careful

of proposed rulemaking (ANPR) on and therefore they abould not be subject consideration of b comments, the NRC 4 February 7,1990 (55 FR 4181) to seek to' specific licens'ng if the radioactive has concluded that a general exemp4an i comments from b pubhe, industry, materialinvolnd would not otherwise for waste going to the country of origin and obt government agencies on four be subject to such licensing. %e would not ensure conformity with the ,

possible options and thirteen ===aciated definition of radioactive waste has been Code of Practics. A country tha' exports ,

l, questions for establishing an NRC policy revised to exclude those shi ts, radioactive material may not have i

on radioactive waste exports and One commenter exp the view adequate means to handle its imports. The comments received in that export and import of 1.1,W should mannaement or disposal when retumed be treated no differently from sealed as radloactive waste. Further, such a

. response to b ANPR were considered

in a proposed rule published in the sources and radiopharmaceuticals, broad exemption would leave too large Federal Register en April 28,1992 (57 0 Pining that all radioactive materials a regulatory gep, permitting a country of j abould be handled consistently,11is not origin to be used as a way station for

FR 17859).De comments on the i proposed rule were considered in the clear whether this means that the waste intended for disposition development of the dannitions, regulations should apply the same elsewhere.hus,this change also i

d exwptions, procedures,andli ia. treatment to waste and non-waste forms addrasa b concems of commenters

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of.radioactin msterial, or whethw the who exprsseed apprehension that

! criteria of the Analrule.

- commenter simply believes that all radioactive waste might be exported i II, Analysis ofPublic Comments en types of redioactin waste should be from the U.S. under false pretenses.

j Proposed Rule treated IdanHmily.The NRC belicves Three commenters were of the view Seventeen letters of mmment were that b former approach would not be that c licenses should not be receind in twponse to the proposed consistent with the view embodied in d for transboundary movements 4 rule from individuals, organisations, the Code of Practice that there should be of hatb Analruleterms" incidental industry, and govemment agencies. One a special regime for transbcundary radioactive material"-i.e., radioactive

{ movements of radioactive waste. The material not otherwise subject to

letter ws

subsequently withdrawn. '

t One cammenter believed that the NRC NRC is in general agreement with the specific licens'ag under Part 110 that is abould not permit any category of position that most radioactive waste contained in u a contarninant of any

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~ non.hasardous, non. radioactive material ts criminal sanctions under secdon 223 to which th I that is exported or imp:sted f:r cf b At:mic Energy Act.To help enter b Uhted States.wulbe subject when th:y

. recycling or resource recovery cf b clarify the application cf b rubin One commenter said ths non-radioactive com at. Tbs these cases, definitions of " incidental regulation was unclear on 's rwn=tasion agrees tsuch radioactive material"and position on imports and oxyrts of movements should not require the " management"have been added in the mixed waste (i.e., waste that consists of issuance of a speci8c license bemuss. Anal rule. hazardous waste and radioactive weste).

by de8mition, b immediate purpose of Several cammanters were concerned it is b NRC's view that with respect to 1 these shipments is not waste ht b proposed definition of radioactive waste components of mixed I i managernant or disposal of the " radioactive waste" was too vague and waste, such transboundary movements ra&oactive component. The rule helps subjecuw.possibly leading to an abould be subject to the speciac to ensure the purposeis bona Ede by exporter shipping radioactive waste for heensing requirements of Part 110, and ,

limiting the use of the term " incidental disposalin another country under b the definitions of" incidental radioactive material" to situations in guise of shipping usable materials for radioactin material" and "redioactive which the exported material will not be acycling or resource reconry. Sewral waste" reflect h tion.

processed for separation of the other commenters, including one Accordingly,the under the re&oective component before the representing electrical utilities in the Atomic Energy Act, willlir= nan recycBag or resource recovery ocx:urs or United States, criticized the proposed movements of mixed waste into and out during b resource reconry process deanition of radioactin wests as of the United States.The Environmental However, since in these cases the diDering from the various waste terms Protection Agency (EPA)underthe .

radioactin component of the material. in ohr parts of NRC's regulations. One Resace Cmwvation and Recovery being shipped has,in itself,no said that the definition had not been Act and b NRC under the Atomic foreseeable use, therwnminaian sufficiently evaluated by aDected parties Enegwaste Act jointly regulate exports of behoves that some form of regulatory and that basing it upon whether "use is mix from the turisdicuan dthe oversight of these exports is required in foreseen"is unprecedented in NRC's United States.The NRC will consult order to help ensure that an exporter regulations and represents new NRC with the EPA agarding Part 110 license willnot ship radioactive weste for applications relating to movements of disposal in another country under the Ainking which could have implications mixed waste. (Domestically, mixed beyond the amendments to Part 110.

guise of shipping usable materials for waste is subject to appliable recy or resource recovery.The The NRC recognizes foreseeable use,intmduced that the concebt of regulations of the EPA and NRC.) A by the

, rule was somewhat ambiguous Code of Practice, could cause some sentence has been added to $ 110.19 j on point.Therefore, the final confusion.brefore,in response to *leMin8 Peendal shi pers to b fact

! regulations have been clari8ed in that these concems, the definition of that an NRClicense oss not avoid the j regard. (b term "inddental " radioactive waste" has been clariSed to need to consult with the EPA regarding radioactive material"is applied to the provide for usage of the term in a the hazardus componet druixed

radioactive component of the exported manner that is generally more consistent ***' ' commenter stated its view that One

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mataial, rather than a term identifying with NRC's usage for domestic q the radioactive component as a form of purposes. As so defined,b export and service toolin' used in nuclear facilities

,,,,aminated with radioactive materials

radioactive waste,because the import of radioactive waste requires -

r'a==hion believe that h will is nd rdioacdw wate as deBad in j issuance of a specinc license under Part b propoed rule,it we ad NRC's

avoid unnecessary limitations on th. 110. intent to include es radioactive waste

usefulness of the material for recychag Generally, the Anal rule requires the exports and im orts of con *=minated

or resoume recovery.) Eling of an NRC Form 7 for export of equipment (ine uding service tools) j Under the rule pro .in 1992, an radioactivewaste,aswas mvided used in nuclear facihties,if the j exportar of material t contains oris under b proposed rule, of equinment is being ship for usein

contaminated with radioactive material radioactive waste remain ject to the another such facihty a n e for 1

for which no use is foreseen was spedfic liennaing requirements of Part management or disposal. While one

! generally required to Ale an NRC Form sto, unless expressly excluded. in could reasonably maintain that h is l 7 before the export took place and the addition, an NRC Form 7 must be filed not a question of radioactive waste at l export required a specific license issued before the export of beidental all, to ensure that the NRC's intent is j by the NRC. Under the final rule, an radioactive material (if the total amount free from doubt, the definition of l exporter ofincidental radioactive of the shipment containing the " radioactive waste"in the Anal rule j matnial will still be required to Ale an incidental radioactive material exceeds clarian % point.

1 NRC Form 7 before b export takes 100 kilograms), but in most instances a Two commenters expressed concern place (if the total amount of the sped 8e license will not be required for that the information utred on an

! shipment containing the inddental such an . Information required to application for a license did not

} radioactive me. dal exceeds 100 be on NRC Form 7 is listed in include the date, , and route of kilograms), but the NRC will not issue to 110.32. transit of the radioactive waste, or a a sped 8c license in these cases. Under the Anal rule, imports of statement of ultimate disposition of the Shipments involving in':irlantal - radioactive waste are also subject to the waste. The NRC believes that at the time

] radioactive material wiu continue to specific licensing provisions of Part 110. of fi. ling an application for a spedfic *

take under b r.meral lie =a== Imports ofincidental radioactive license it may be too early for an l p ons in 55110.19-110.s0. material, however, do not require the exporter or importer to pmvide a preds.

{ Deliberate misrepresetalons on the filing of any information with the NRC shipping date and time. However,the '

2 form an subjact to the same penalties as and remain subject to the general approximate date of shipment is spply to falsification of other documents licensing pmvisions of Part 110. This is required to be stated. In addition, b l

, submitted in matters involving the considered suHicient in light of the NRC has added a requirement for he j United States and may subject a person extensive domestic regulatory program route of trenait information to be i

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/ . Federal Register / Vcl. 60, No.140 / Friday, July 21, 1995 / Rules and Regulations 37559 l

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provided before the export or import ent

redintounderthe Agreement States Material, publish:d on September 26, i

takes place. program shall provide for 1994 (59 FR 48994).

? One FederalofRdalasked how other discontinuance of any NRC authority  % NRC has decided htitis

Tederal agencies would be notined of an with respect to the export from or consistent with theIAEA Code of i application for a speciSc license. The import into the United States of Practice not to include the following Department of State, as lead Executive byproduct, source, or nuclear within the dannition of radioactive

, Branch for the myiew of nuclear matwial. However, e export and waste-

?. exports, agrwd to notify other import licensing. authority does not (Wee kinds of sh! enu win conunne l appropriate Federal agencies. For an diminish any separate authart vested to enter or have b nited Suus unda l

import appliation,the NRCwould in States and EW compeds, the general or speciac license, whichevw is 1

itself seek the views of ap to Atomic Energy Act or the law vel applicabh under Part iso to b nudeer l, Federal and State agacies. NRC Radioactive Weste Policy Act,in regard materialin question.)

e interest and to b limusing, handling. and disposal

recognizes responsibilities the of unige States under the of radioacuve matadals within the 1.Radinedw admial had mbd sources, or devicu containing used j low kvel Radioactive Weste Policy Act United States, g w' g h"$ H whh El.OverviewofNewRale , to affected States is appropriate. N purpose of this ruleis to conform recoin and them.nis One commenter expressed concern NRC's regulations an export and import e.clusion wiedges that shipment l

, that the proposed rule did not include of nuclear equipment and matedal with cf used sources to a quali8ed

! a provisico for informing LLW compacts the principke of the IAEA Code of rnanufacturer should be handled as i before issuance of a speciac liense for Practice on the InternmHanal 8xPeditiously as possNe because these 1 import or export of radioactin wasta. Tr=aa~=d='y Movement of type of shipments hdp to ensure that ,

! Sectico 110.70(b) has been revised to Radioactive Waste.b Code's used sources are handled in a safe .and i require that the Commission publish in guidelines state that each individual respanalble manner.

4 the Federal Register a nouco of receipt country should take the appropriate 2. Radicadin material thatis e of an applicadon for a spec!8c license steps necessary to ensure that the contaminant on equipment (including for the export or import of radioactive international' A~Ma y movement servia tools) used in nuclear facilities, waste (other than incidental radioactive of radioactive waste is managed safely. if the equipmentis being shipped for material). To promote considwation of This rule is designed to serve that use in another nuclear facility and is not i

i LLW compacts' restrictions on weste purpose being ahlp for management or disposal, b commtanton will exchange b final rule requhes that a disposal. exclusion recognises that Information and views with interested fue an application with the for a equipment need in nuclear faculties i compacts. The NRC also intends to take speciEc licanse to export orim frequently becomes contaminated.

other reasonable steps to inform States radioactive waste, including However,this does not prevent the .

i and LLW compacts of pending requests wasta,but distinguishes a esparate equipment from being used to service i

for speciac licenses for import or export cates other nuclear facilities instead of being

! of radioacuve waste, but believes it to be materb"of"incidentaladioactive . Radioactive wasu subject to sub}ect to disposal or waste unnecessary to spell this ou:in the the speci$c licensing requirements of management. i

! Part 110 may not be exported from or 3. Return of military and other U.S i ugulations. . l one commenter suggested that the imported into the United States unless Government radioactive waste to the Department of Transportation and the the NRC has granted such a license.De United States when destined for a j Customs Service should be ehle to export and import ofincidental iniuste efforts to determine the validity redloacuve material (1.s.. radioactive Federal possess theor military (see $ 110.27). This waste i

j of statements made with respect to a material not subject to the speclAc exclusica from specine licensing was 1

particular export or import.b licensing controls of Part 110 that is . requested by the Department of state.

comminalon expects thatif the contained in or a contaminant of any 4. Radioactin waste generetedin j Department of Transportation or the non. hazardous, non.redioective material support of U.S. Government waste Customs Servios encountam a that is exported or imported for monarch and development testing

questionable export,by will seek recycling or resource recovery) programs under international i assistance from the NRC. & NRC will continues to be covered by the general arrangements. his exclusion recognises j then work with b Department of State license provialons of Part 110. However, that shipment of the waste is not for the j e and other concerned parties in resolving an exporter must Sie an NRC Form 7 purpose of disposal or waste rnanagement and that the exclusion will

~

questions raised in such circumstances. before a shipment ofincidental j Another mmmenter aferred, among radioactive a r.terial takes place if b incilitate government-to government j total amount of b shipment containing waste research p other things,to inmnatatency withthe breposed C's below rule's b incidental radioactive material In additioninct radioactive 4 mgulatory annnavn (BRC) policy.%e exceeds 100 kilograms. (Use of the too material can continue to enter or leave BRC policy has been withdrawnby the threshold is consistent with the country wibut specific NRC l NRC (See 58 FR 44610: August 24, the ld established in $ 110.27(b). epproval. However, an export of i 1993). This provision provides that a general incidental radioactive material requires 1 One mm==ntar FC i offering the license may not be used forimport of the filing of an NRC Form 7 if the total l import and export licensing program to . source or special nuclear materialin the amount of the shipment containing the

b Agreement States for adminia' ration form of irradiated fuel that aimanda 100 inddental radioactive material exceeds

over its licensees.b NRC disagrees kilograms per shipment.) b final rule 100 kilo 6 rems.

with this suggestion.%is transfer takes into account changes made in Part In applying for a specific license, would be in~= u-nt with Section 274 110 by the final rule on Specific applicants for b export or import of

c. of b Atomic Energy Act, which Licensing of Exports of Certain Alpha- radioactive waste must include the sped 5cally provides dat no agreement Emitting Radionuclides and Byproduct informatico required by $$ 110.31 and j

1 5

37560 Federal Register / Vcl. 60, No.140 / Friday, July 21, 1995 / Rules and Regulations 110J2 f f Part sto for export and import technicalcapacity and tory Janu 4,1979), Environmental EUects

cf nuclear equipment and material. In structure 13 manage and one cf such Abre cf Mijor Fcderal Actions.

j cddition, this anal rule also requires the waste in a manner consistent with NRC has exclusive jurisdiction, vis-e-

submisalon of the foUowing information international safety standards."In vis the States, for granting or denying all for the proposed export orimport of con'rmst, the Code of Practim is far from import licenses. However, in the case of i radioacdve weste

Information on the clear when it states that it is the sending a proposed import, the NRC recognizes v:lume and classi$ cation of the waste, State's obligation to satisfy itself "in the authority of LLW compacts to i the chemical and physical accordance with the receiving State's decide whether or not to acmpt an t

< characteristim of the waste,its routing consent" that the receiving State is import of1.LW for disposalin b i (including countries to be transited), meeting the foregoing requirement. The compact region.The NRC will consult 4

and its disposition (including waste Code does not explain the intended with interested States and1.LW management). In the case of proposed meaning of the phrase "In accordance compacts prior to issuing an import

, imports, the information provided must with b receiving State's manant," and license for LLW. The NRC will not grant l include the industrial or ohr process it does not indicate how the sending an import license for waste intended for responsible for generation of the waste State is expected to satisfy itself disposal unless it is clear that the waste

and whether b compact and host State regarding the receiving State's witi be accepted by a disposal facihty.

l have agmed to accept the waste.no host State, and com (where i tpplication must contain sufBcient enbability e NRC wiU expect a receiving State applicable). This be part of b l information to allow NRC to make a to indicate to the Department of State, determination reg the

det

rmin: tion on whether a limnas during the process for Mia= the appropriatenessof the ty that has )

sh:uld be granted. A notice of receipt of receiving State's consent, that it has agmed to accept the waste for each application for a specific license found that it has the administrative and management or disposal for export or import of redioactive waste technical capadty and tory The NRC will consult with the i i willbe published in the Federal structure to manage And pose of the Department of State and other cognizant .

2 Register. waste. At this time,however,the NRC Federal agencies regarding proposed i 1 As is the case with aU sppliations for is not propand to include provisions in exports of radioactive waste. In 3 j e specific license for export of this Anal rule that would necessitate addition,in all proposed export and  ;

, realoactive material, the myiew of an independent and sped 5c NRC import cases, the NRC will ask the l epplication for a spedfic license for a assessments and Andings and an Department of State to consult with

! proposed export of radioactive waste is opportunity for adjudication regarding transit countries, as the Department of governed by whether licensing the the adequacy of the receiving State's State deems appropriate, to obtain any

./.

] proposed export would be inimical to administrative and technical capadty necessary approvals pursuant to the i the common defense and security and regulatory structure for ==a -ia= 1AEA Code of Practice. i

Following review by the NRC staff, a int

rests of the United States.The and disposing of the wasta.This " ~

Commission's review is also governed decision flows from (1) The ambiguity determination will be made whether to by whether b recalving country of the guiding provision in the IAEA approve or rieny the application for a i consents to receipt of the radioactive Code, (2) the NRC's longstanding policy spedfic license for the import or export

, waste. of not considering health, safety and of radioactive wasts. An import or It is NRC's licy that the agency environa.entalirnpacts in fore.gn export license issued by the NRC only

! gormally not consider countries (3) h ongoing work-4mder ' outhorizes the radioactlve weste covered j extraterritorial impacta. ne latter the aegis of the IAEA--to develop a by the license to enter or exit the United i policy was enundated by the Convention on Safety of Eadioactive States.his license alone does not Commission in Westinghouse Electric Waste Management, and (4) authorize possession of the waste Corporation (Exports to the Congmssionalinaction agarding i material or guarantee actnes to a waste Pausppines), CL1-40-14,11 NRC 631 implementation of the Basel Convention management fadlity or a disposal site in (1980), whom (among other things) the on the Control of Transboundary the United States or another country.

Commission refused to consider the Movements of Hazardous Wastas and This rule requires specific licenses for health, safety, and environmental bir disposal.Nevertheless, as exports and imports of mixed wasta.

j impacts on Philippine cidsens of a indicated in b notion for b proposed Mixed waste is waste that consists of j proposed reactor export to the rule,6 NRC does not contemplate any both hazardous waste and radioactive 1 Philippines on the ground that the circumstances in which a license would waste. In addition to meeting NRC j Commission should not consider such be issued to export radioactive waste to requirements, mixed waste must also impacts upon b citizens of another a country without a regulated waste meet Environrnental Protection Agency 4

country. !Thouah there was some disposal program. Moreover,the requirements applicable to the

divergence in t5. reasoning of ths Commiasion would obtain the views of hazardous component of the weste.no i Judges, the Commission's decialon was b Executive Branch before approving exporter or importer is responsible for i upheld in NRDCv. NRC,647 F.2d 1345 an application for export of radioactive ensuring compliance with those 4

fD.C. Cir.1981).) The rationale for the waste. requirements.

r a==l== ion's conclusion was that the Note that this rule does not address The rule does not cover the export or regulation of economic and industrial on a generic basis b applicability of import of naturally-occarring i activities taking place within a nation's the NationalEnvironmental Policy Act radioactive material (other than source t .rritorial boundaries is a function of the to Part 110 speciSc licensing actions. material and byproduct material under territorial sovereign. Such applicability (if any) willbe section11e.(2)of the AtomicEnergy he IAEA Code of Practice provides determined on a case by-case basis. Act) and accelerator produced in clear terms that a receiving State Note also that export licenses and (with radioactive material. Naturally- n abould not permit receipt of radioactive limited exceptions not relevant hem) occurring radioactive material and wasta for management or disposal actions related to nuclear activities are accelerator-produced radioactive unless the receiving country nas an exempt from the requirements of material lie outside NRC's regulatory appropriate *' administrative and Executive Order 12114 (44 FR 1957; authority and are subject to health and

t/CZDMi"d1G 7/v8GMiW6TJ9TDmy, Usg s, wm i em mu meauvu= oesu h- .

Parm 7 if the 1:tal amount c,f the i safety regulation by the States and other Regulatory Analysis Federal agencies. shipment containing the incidantal 4 NRC reguladons provide strong

' ~

regulatory control over the export cf re&oacun matadal exceeds 100 b new regulations in Part 110 do strategic nuclear material from a kilograms, thus providing infomation not affect existing or future NRC

! about the proposed export, but the NRC reguladons in other parts of h chapter national security (nonpmilleration) will not issue a specine Beanse for such which may relate to matters covered by standpoint, but they have traditionally 8xPorta. Instead, the material may j this rule. provided much less control over non-strategic materials. Many netrategic n j .-

rw==taston notes that violation imports and expans quaufy fw M {c d ue , lm den of regulations issued under sections radioactive material continue to be 161b,1611, or 161o of the Atomic heenses withwt creview or , , g %, p, Energy Act of 1954 may subject a person approvalby the ma=== tic 110, but b do not require any Sling to criminal sanctions under section 223 mgulations in the United States and of information with the NRC under Part

) abroad,and international . _, ouon agulations, han pmvided the primary no 3

of the Atomic Energy Act.%e

mgulations in Part 110 that are not 5 rule impass pomsinurumdin 1 issued under illeth,1611,or 161o of mgulatory controls for haahh and safety exporting radioactin waste from, or the Atomic Energy Act of1954 for the and environmental protection importing radioactive waste into, the .

I purposes of section 223 of the Act are Purposes.) In recent years, national and United States, and those EFue or i hated in $ 110.67 of Part 110,as worldwide concerns about radioscuve importing incidental radioactin j omendedbythis Analrule.De waste disposal proctices have brought material (i.e., radioactive material not following regulations amended by this attention to the limited focus of the subject to s'pecine licensing under Part  !

Anal rule are not listed in i110.67: NRC's impet and export regulations 110 combbd M& non.hasardous, non- i i

il110.19,110.20,110.21,110.22, and the fact that ca1ain types and w&medu material apatd or 110.23, and 110.27. Violation of these quantities of radioactf a aterials' impor.ad for recychng or resouros o r i

esetiona may subject a person to including 1.1.W.may be imported recovery).b rule is -=='y to i criminal sanctions under aadian 223 of exported without speci8c authorisation sausfy b U.S. Gonrnmut's I the Atomic Energy Act. by b NRC and without NRC's ===ttment to b Code of Practics.

f Environmental 1mpad: Categorical eIAb Code of Practice on the g, ,,,

3 Exclusion - . Intamational Tr=="Ay Movement objective. fAltematives to the changes o Radiscun Weste,which was made by this Anal rule were di===ad b NRC has determined that h by ' * '

Anal rule is the of action described *dPmgm es in l9 i the ANPRpubushedin F

& U.S Government support, provi that [p",g*d &e gg2 $ b re w ul ft$2 c$t) %mi e a mau e b expo environmental impact statement nor an sh d higmp , y andgports per year that l*>0Vf""'* "C""ii'" '""

PaperworkReduction ActStatement

!."!g."r$:"A"dd tr**= "*Jri The Codt-Iso provides that no a gia- M ag, effect on those importing inddental acei@muntry should pemit the radioactin material.) The agency also his Anal rule amends informatic swalpt of radioactive waste for believes that outside of having to on fsp rwork b Act 8 $a 8 .

w" on U.S.C. 3501 et seq.). nese capacity and regulato structure to orters an importm, since they rsquirements were appq the manage and dispose o7such wasteinsh$uld a have read access to most of the O!! ice of Management es.1Bu manner consistent with international information requfred to be submitted to approval numbers 3150-0036 and 3150- safety studards.This Anal rule is b NRC

• 0027. intended to conform U.S. reguladoes The NRC has considered the resource b public reportingburden for this with these intemational guidelines. The impUcations for b agencyin collection of information is estimated to anal rule amends the Part 110 general developing this Anal rule, and based on '

average 20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> per response, limnae provisions applicable to the analogous NRC experience under Part including b time for reviewing export and import of special nuclear, ' tio,it is estimated that a typim! waste instructions, searching existing data source, and byproduct materials to state export or import he-aine case resulting sources, gathering and maintaining the specl8cally that genen! licenses do not from this anal rule will require 40 to 60 data needed, and completing and provide authority to import or export NRC staff hours for review and reviewing b collection ofinformation. radioactive waste, as de$ned by Part processing. It is estimated that the cost ,

i Send comments regarding this burden 110. Instead, persons desiring to import ...ar inted with such review and estimate or any other espect of this or export mdioactive waste may do so processing will, on b everage,be collection of information, including only upon issuance of a speciac if conse approximately 35,000 per case, though a suggestions for reducing this burden, to by the NRC. Persons desiring to export few cases (particularly the first license the Information and Records inddental radioactive material (i.e., appliations roosived) may cost as much Management Branch (T.4F33),U.S. radioactive material not otherwise as $10,000. The total annual cost to the Nuclear Regulatory amml== ion, subject to speciSc licensing under Part NRCis expected to be approximately Washington, DC 20555- 0001; and to the 110 that is contained in er a 350,000,which would be offset by the Desk OfHear, OfEco of Information and contaminant of any non.hasardous, non- colledian of applimtion fees.

Regulatory Affairs.NEOB-10202, radioactive material that is exported or To the NRC'sknowledge.them is no ,

(3150-0036 and 3150-0027), Of$ce of imported for recycling or resource appreciable U.S. import or export traffic ]

Management and Budget. Washington, recovery of the non-radioactive in radioactive waste. A possible DC 20503. component) are required to file an NRC exception is the widely accepted 1

l l

)

37802 Federd Register / Vol. 80 Ns.140 / Friday, July 21. 1995 / Rults end Regulations praction of returning depleted sealed rendered by the NRC pursuant to 10 as em:nded, end S U.S.C. 552 and 553 radioactive sources to a manufacturer CFR Part 110 are cov: red tu to CFRPart the NRCis ad pting the following for or disposal.His practice is 170.) We do not e that an annual amendments to 10 CFR Part 110.

encouraged by governmental fee willbe asse because we do not cuthort as a way of helping to ensure foresee that any signiacar.mRC PART 110-EXPORT AND NPORT OF that the items are handled in a inspection or enforcement activities wiH NUCt. EAR EQOlPMENT AND responsible manner at the and of their result from & Analrule. MATERIAL, usefullife. For this reason such Ovmil, the NRC believes that e '

1. n o auth y citadon for part 110 shipments are excluded from the gering specinelicensingof r onctive waste coming inte e leaving continues to foHws:

deAnition of"sadioactive waste"in the Anal rula, the United States for management Aushortey: secs. s1,53, se, sr 63, es, as, purposes or disposalis a sound 21. s2,103,104, too, u1. tas, ur,12s, us, ,

De changes made by this rule could a5sd weste management companies regulatory approach ta hs!p ensure that m, to1,1s2,1sa,1s7, see, as stat. eso, eso, est, est, ess, ess, ear, ses, ess, es4, inteented in importing radioactive such shipments m subject to U.S. eu, m, u aroended (42 UAc to71,2073, weste Arcan other countries because the Government approval and b ran==n, 4 imports willnow require of other involved parties. F111ag of an $'3 ',$#k 34ij,1

8 s sj2 import licenses from the and an NRC Form 7 before export ofincidental 22n-2233,2237, asso): sec. 201, as seat. '

inalvidualimportof 2typemaynot radioactive material (if b total amount 1242, es amended (42 UAC see11: sec. s, estisfy the licensing criteria. However, it of the shipment containing the Pub.1.101-67s,104 stat. asas (42 UAC is not clear whether h 1* ha incidental radioactive material exceeds 224:1 requirement imposes any more difBcult 100 kilograms) will help ensure that the n=ahaa 110.t(bX2) and no.1(bXa) also obstacles to a prospective waste regulatory program is eflective. . lemd under Pub.l. e6-42, es stat. 71o (22

. than does the authority given USC 240s).Sectico no.n also seeued j Ll compacts to block shipmentsRegulatory im[ of Fl=rimty Car *thatta= under sec.122, sa stat. ess (42 U.s.c 21 2)

• • d acs. see and s7d. sa stat. 472,47s (42

such waste into their respective As required by the Regulatory UAC 2074). Section 110.27 also leeued

! lurisdictions. (Note that the function of Flexibility Act of 1980 (5 U.S.C. 605(b)),

j i

new $110.43, which sets forth import the Commission certines that h rule does not have a signiacant econoodc NQ3%I'j- , 3 licensing criteria, is primarily to bring sist. ut H2 U.s.C uss). sanha no.s1 together criteria stated in other sections impact on a substantial number of sman also tesued under sec.1s4, as stat. e54, as i

ef Part 110.%st b host State and entities. his rule establishes spectSc amended (42 USC 22 41. Section no.52 compact do not object to the licensing requirements on the import also issued unde sec. tea, es stat. ess (42

, importation of the waste will be part of and export of radioactive waste coming USC 2236). Sections 11o.co-1to.11s also into orleaving the United States, leeued under s UAC ss2, as4. a.nwa.

l the dttermination regarding the eppropriateness of the facility that has Pursuant to which cartain information sto.uo-sto.tss also imued uder s UAc

ass, nashna 110.2 and 110,42(a) (s) also i agreed to accept the waste for must be filed with the NRC 11 also

~

I""*d ude ar_ eos, W. me H2

m t or * - --I) clarifies the application of these U"8 E I' nfl greater requirements with respect to b import g. , . amend @y l attention on shipments of radioactive and export of incidental radioactive adding b terms disposal, faciderstal 4 waste from or into the United States. material. %e additional burden for the mdadiw mtedal, anogenst,

• i his is consistent with the intent of the collection of M information is mdimet/w miedd, udindiw wnde,

re-amandations of the Code of estimated to eversge 20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> per Practice. no rule effectively excludes response,which willincrease b oost of stage, and trutment to mad as l I*II"'

from the new requirements for specine the shipment on'y by a mint ==1 licensing export and import of sealed amount. In all, toe amendments to Part g n o,a pennnlana, sources, and devices containing sealed no are expected to result in fewer than . . . . .

sources, to manufacturers qual 15ed to ten na v export and import liconess pc Dis means permanesit isolation

receive and possess them; export and year. of re loadive matwihm b

! a clearfebties,if BaclcSt Atalyens surmunding envirnnment m use - - - - -

i me .orvice .,e,m.nas semg .d %e NRC ha det.rnan.d u b .

ehi,,d i for use in another nuclear facility an backSt rule,10 CFR 50.109, does not Jacidentalrodlooctiw materfi21means I net f rmanagement purposes or f apply to h Snal rule and, therefore, a any radioactive material not otherwise disposal;andimport of government backat analysis is not mquired because subject to speciBclicensing under &

! waste returning to the United States. ' these amendments do not involve any Part that is contained in or a j home exclusions from the speciAc provision which would impose backats cont ==fnant of any non-redicadive

licensing reculroments for export and as denned in to CFR 50.109(a)(1). material that

(1 For purposes unrelated to the import of radioactive waste, the limited List of Subjectsla to CFE Part110 regulations in this is exported or

nature of the requirement for export of l incidental red!osctive material Administrative predios and imports 4 M or resourca (conEned to Aling of NRC Form 7), and Procedure, Classined information. recovery rif the non- onctive tha absence of any new requirement Cdminal penalties, Export,lapart, componerc and

, with aspect to import ofincidental Intergovernmental mistions, Nuclear (2) Will not be prae ===ad for

! radioactive material, help to minimi.a materials, Nuclear power plants and separation of b radioactive component i th2 impact of b rule on ca=ma*cial reactors, Reporting and recordkeepinC before the recyclina (,r resource recovery

activities in the United States. Persons requirements, ScientiBe equipment. occurs or as part ofb moource i i ap ying for a speciBclicause willbe For the reasons est outin the recovery process.

j su to license application fees, preamble and under the authority of the De term does not include material i w are currently under $10,000 per Atomic Energy Act of 1954, as amended, that contains or is contaminated with

{ licones. (Fees for licensing services the Energy Reorganisation Act of1974, hazardous waste" as defined in section l

i 4

I

FedIr:1 Register / Vcl. 60 No.140 / Friday, July 21, 1995 / Rules and Regulations 37S63

, 2004(5) cf the Solid Weste Disposal Act, from complying with appucable authirize b expon of specialnuclear I 4 42 U.S.C. 8903(5). mgulati:ns elthe Environmental materialin radioactive wests - )

i.

. . * .

• Protection Agency for any export or (e) Persons the generallicenses l

! Monagement means storage, im ), and (c) of this 1 wigrthasardous that contains weste. or is contaminated esction in paragraphs as authority to export(a), special l pechaging, or treatment of radioactive

waste. (b) A person using a generallicanes nuclear materialasincidental l 1

l . . . . . under h cart as huthority to export radioactive materialshan Ale a P Radioactive motorialmeans source, incidental radioactive material that is completed NRC Form 7 before the j reduct, or special nuclear material. contained it. or a contaminant of a export takes place if the total weight of  ;

, dioactive waste means any waste shi ment that exmeds 100 kilograms in the shi ment exceeds too kilosrams

. that contains or is contaminated with total weight shall ale a completed NRC 6. Section 110.22 is amended by  !

source, byproduct, or special nuclear

• Form 7 before the export takes place, revising the introductory text of ,

material, including any such wasta that 4. In $ 110.20, paragraph (a) is revised Paragraph (a), revising paragraphs (b),  ;

contains or is cm.taminated with to read as fouows. (c), and (d), and adding new paragraphs '

" hazardous wasts" as de5ned in section (e) and (f) to read as follows.

^* 9 I*)H0.30 W h m A erson may use an NRC general 5 022 M beenestertheesportof

. 6 3 ) bu does P limnse as authority to export or import not include radioactive material that (a) Except as provided in ph gr nuclear equipment or material (includingincidentalradioactive (e) of this sectim, a general is (1) Contained in a sealed source, or ised to any person to export the device containing a sealed source, that

• material),1f the nuclear equipment or fouowing to any country not hatedin is being retumed to any manufacturer material to be exported or imported is quallSed to saceive and poseoas the cmed by the NRC general kn=n 5 MM mled neura or the devia containing a d'acribed in 55110.212 rough no.so. i j

osaled source. (1) A person using a pneral har.se (b)Except as providedin peregraph under & part as authority to export (e) of this section, a general aconse is l (2) A contaYnant on service ised to any to export uranium equipment (including service tools) incidental radioactive matedal that is used in nuclear facilities,if the service antained in or a contaminant of a or thorium, than U-230, W232, equipment is being shipped for use in shipment that exceeds 100 kilograms in 4227, or W228,in individual l another nuclear facility and not for total weight shall Als a completed NRC shipments of to kilograms or less to any Form 7 before the export takes placn. country not listed in 6110.28 or weste management purposes or m,- a. or (2)If an export orimportis not $ 110.29, not to exceed 1,000 kilograms covered by b NRC generallicenses year to any one country or 500 (3) Generated or used in a United States Government waste research and described in $$ 110.21 through no.30, a {ograms per year to any one country development testing program under Person must Ble an application with the when the uranium or thorium is of international ,p Commission for a speci8c license in Canadian origin.

(c) Except as provided in ph

. . . . .. accordance with 56110.31 throush

,,5;,g,e ,,*,,e2-P-soda "a 't . . .

!:M'a"n*"" ;"ex',' ort u,am"um

, a 2 dum, man W230,w232,

. . . . . s. Secuan no.21 h -i d by ruotment means an mesd. mvising h intrc4uctory texts of Ip* Z M '"1" ,d' " i ,7 1 technique, or process. [ncluding storage Paragraphs (a) and (b), mvisingmunt not Estd ,

ou e for radionctive decay, designed to Paragraph (c), and adding new Paragraphs (d) and (e) to read as follows:

. 00 % pw p an ,

chany the physi , chemical or ,,,,,,,,,,7, l biologhl uharactedstics or composition 911021 General noense tershe aspeet g (d)Except as providedin paragraph of any radioactive material. epecial nuoteer motortet. (e) of h secdon, a pnerallicense is

• * * *

• issued to any person to export W230, (a) Except as provided in ph l

3. Section no.19 is avised to read as (d)of this section,apneral conseis W232,b227, or 4228 in individua! l Silows:

issued to any person to export b ah!pments of to kilograms or less to any following to any country not listed in country listed in 5 M0.30, not to exmed gut,t3 y pes y og geeneen. 1,000 kilograms per year to any one (a) Licenses for the export and import 5110.2a.

, , . . . country or soo kil per year to any of nuclear equipment and matedalin one country when a undum or l h part consist of two typea: General (b) Exce thorium is of Canadian origin.

licenses and Spec 1Sc licenses. Except as (d)of & pt as providedin section, paragraph a generallicense is (e) Pangre hs (a),(b),(c), and (d) of Providedin paragraph (b)of this issued to any person to expat &e this section [o not authorias the export section, a generas hcense is eDective following to any country not listed in under generallicense of sourm material without the Bling of an application with $110.28 or $ n0.29: in abacave wasta.

a * * *

• the Commission or h issuana of (f)pomans using h pneralunansa licensing documents to a particular (c) Except as provided in ph in paragraphs (s), (b), (c), and (d) of &

person. A specisc license is issued to a (d) of this section,a pneral is section as authority to source named person andis effective upon . lasued to any person to rt Pu-236 materialasincidental onctive ,

approval by b r'ammi=4an of an or Pu-238 to any country in matcrialshall Ele a completed NRC application Sled pursuant to the $110.30in individual ahlpments of1 Form 7 before the export takes place if mgulations in this part and issuance of gram or less, not to axmed too grams b total weight of the shipment exceeds limnsing documents to b applicant. per year to any one country. 100 kilograms.

Issuance of a specific or pnerallicense (d) The pneral licenses in paragraphs 7. Section no.23 is amended by unda e part does not relieve a pareca (a),(b), and (c) of this secuan do not revising b introductory text of

{, 37564 Fed:rtl Register / Vcl. So, Ns.140 / Friday, July 21, 1995 / Rul s and Regulations s

parayaph ( ), revising paragraphs (b) materialif the consignes is cuthorised paragraph (a) and paragraphs (aXs) and I l (c) and adding a new paragraph (d)13

!- and (c), and adding r.ew paragraphs (d) to possess the materialunder:

• = = .

• read as' follows:

and (e) to read as follows.-

e =.,a-n i

sg.g.nor.e - se ser ~ e . ori et Jgge ,

license of ndioactive weste, other than e, ,e lit .%ertt.

(a)The review of heense appucations j (a)Emospt as providedin paragraph radioactive waste that is being sturned for export for peaceful nuclear uses of '

(d) ati this section, a general license is to a United States Government or production or utilization facilities 8 or 1esued to any perman to export the military facility in the United States for export for peaceful nuclear uses of l

following to any country not Ested in which is authorised to poseems the specialnuclear or source material l

i 5110.28: material. requiring a speciac hcanse under this ,

• * * * * . . . . . partis governed by the following

} criteria:

(b)Exceptas pmvidedin ph e. Section 110.32 is amended by l * * * * *

(d)af this section,a general is revising the heading, redesignating

! issued to any person to export to the peregraph (f)(5) as (IM7), and adding -

(3) Adequate h countrina listed in 5110.30 tritium in new phs (fX5)and(0(6)to read measuru wulbysicalescurEl aine i= a th

- an dispersed form (e.g.,luminosant as .

resped 2 such mM or fedHum te Proposed to be exported and to any targets, an donsun Pain '$, d 5110.22 ansermetion required in en appliestion ser e speelse tisenseMC Form ePecial nuclear material usedin or '

compounds)in quanuties of 40 curtas  % produed & rough b use eered.

(4.12 milligramsj or less per item, not to . . . . Physical security measures willbe exemd 1,000 curies (m inillignms) per . deemed adequate if such measures gg . . .

shipment or 10,000 curies (1.03 yams) (5)For propoed orimports of Provide a level of protection equivalent radioactive waste, posed to that est forth in $110.44.

(($ ",*.

au fe eKP,pc p g, tridusaacey a% { v deAned in l61.55 of this chapter),

, et===i A= tion (as (c) where ph(d)is

" 11 cab the review Beanse (djcf

' Physicaland chemicalcharacteristics, a Ucations for export of byproduct n "

issued an t the gjti te on tacludingformsof $**,' n

,g *"88- is 225, actinium 227, californium 248 38888882880 speciaclicense under this

( governd by b criterion b californium 250, californium 252, m 6) For proposedind oecun importsd wof propoud is at infini=1 to the curium-240, curium 241, curium-242, P mm n de snee and security.

curium-243, curium 244, einsteinium. a fus tion, e.g , any (d) The reviw oflicanae applications 252, einsteinium 253, einsteinium-254, arrangements for einsteinium 255, formium 257' agnementby a low- elwaste compact for the expat d radioactiw waste ged:linium 148, mendelevium 2 58, or Stau 2 accept b maurialfor requiring a speciac license under this m

Partis genedby the foHwing ,

, Polonium sos, polonium-209, um.22.. mme . anagement purposes

. . or disposal.crioria:

,$;ium.no.andvs b""j'y,,"e,M, a,i ,,

,JJ,122 z e

• gtz""'"'"#.cand 1

shipment. I1in40 commissionsevious.

(d) Paragraphs (a), (b), and (c) of this (a)Immediately anarrecetyt of a ad of ini rma o7'equired esction do not authorize,the export Ucense appucanon for an export or $ 110.32(f)(5), Ands that it has the l under generallicense of-y, === a e licon" administratin and technical capacity l

met:rialin radioactive waste. importrequiring&

.mder this part, mnminaionwill and regulatory structum to manage and

(:)Pareces - the generallicenses initiate its licensing review and, to th* dispose of b waste and annannts'to the in peregraphs (a), ), and (c) of & maximum extent feasible,will receipt of b radioactive waste. In the l a l section as authority to export byproduct expeditiously process the application case of radioactive waste material as incidentalradioactive concurrently with any ap nuclect material to which (a)  :

by the Executive Branch.plicable avi" miterialshall Ale a completed NRC or(b) of this sectionis ap cable.

Form 7 before the export takes plans if . * * *

• criteriain & paragraph d)shallbein the totalweight of the ablpment maceds 11. Section 110.41is amendedby addition to b criteria provided in too kilograms. rdesignating paragraphs (aX7) ana paragraph (a) or (b) of & section.

8. Sedian 110.27 is amendedby (a)(8) as paragraphs (s)(s) and (aK9) and revising the introductory text of adding a new peregraph (aX7) to read as 3,, .r i , , ,,um ,, l follows: musek, seemer ,rhaary esolant ,.m,s. aum-Ime"  !

paragraph (a), redesignating peregraph r. actor feel sherslag sad diacharging machlasm, and j (c) as(e3

,,,,,, pa,ragraph= ,, = uow.- (d,), and, adding a new ===== a'a 'sd' - **'-i--='

. -,w sh m .r.,, da a .

s (",**$

3. . .

lit a r on.or.ineenos ar w o m an exportinvoiving rai acun m. m..d P-",?.r 2 .",~. r a 7.".* >

weie. . ,w mu.r-simor (3)(a) ,,s,t s

.d (c) of &,,ovidd escuon,agenerain ,a,ag,aphs - - -

12.Section 110.42 is amended by

- - c,^:=s.c,,:g ro,..a license is issued to any person to import m of.

. er,ortbp da atterk

=le, A ore, ta art,ar.mb>ctinthe

$1seasM byproduct, source, or special nuclear

• revising the introductog text of e

l jl190648,114A4,and198A8 St. In $ 110.67, (b)is Dated la Reckville, Maryload, this 14th sevised to read as -

day of July,1ees.

' 13. Sectioni110.43,110.44, and For the Nuclear Reguletary rh'=6W 110.48 are f '. ^ f as $$110.44, gHAS7 CrknhalPustees. Jeha C.IIeyle, i

110.48, and 110.46. ** * * *

• Secretaryofthe Cemenhalen.

14. A new $110.43 is added to med (b) The regulations in part 110 that are D'R Du. M7 ass Flied 76 eds un]

not issued under esctions 16!b 1811, or

. as feuows: " " " * * * " "

• Seto for the purposes of sectiosi 223 are 0""88 8"P"""""d"8"""

i as follows: $5110.1,110.2,110.3,110.4,

. Da rwiew elhoense a phmHana for 110.7,110.10,17 ;.11,110J0,110.31, h 110.32,110.40,110.41,110.42,110.43, e gIB3*luiring this partis... a , by the 110.44,110.45,110.46,110.51,110.32, 1 110.80,110A1,110A2,110A3,110.54, g

1. not 110.65.110.H6,110A7.110.70,110.71, l

and 110.72,110.73,110A0,110.81,110J2, g, g,,, ,,g 110.83,110.84,110A5,110.86,110.87, 110.88,110.80'110.00,110.91,110.100, i consutuu en siskkes ,

110.101,110.102,110.103,110.104,

^

puhacheale and safdy. 110.105,110.106,110.107,110.108, (c) Anya habh -- -- k of 110.100,110.110,110.11; 110.112, i subpart A e part 81 of thchapteram

110.113,110.130,110.122,110.124, seus8ed. 110.130,110.131,110.132,110.133,

! (d)with mopect to theimport of

• 110134, and 110.135.

radiacow weste,an appropriate

^

17.Section 110.70is amended by incihty has assoed to accept 'he weste l for managamaat or disposal. swising paregmph(a), adding a new

! 15. Section 110.45 is amended by paragraph (b)(4),5-- .

revising paragraphs (b) and (c) to read as fouows:

Paragraph (c)as paragrap(h(d),andaddinganewparagraph c)toreadas follows:

31144s isomenee er denial et seeness.

. . . . . I110.70 Putus nesse et sesalpt et en e appuesmen.

! - (b)ns mn-imaton willleeue en innart licenseifit Ands that: (a) The r==ld= will nation the (1)ne proposedimportwillnotbe receipt ef each lionne application for en '

inimimi to the -- defense and . export orimport for which a speciac -

i. escurity- , license is pquired by placing a copy in (2)De proposedimport willnot the Pubhcrw,--, Roosn.

- constitute an unmasonable risk to the (b) * * *

(4) Radioactive weste.

pubhc (3)Thehashh requirunents and safety;f o subpart A(c) / Ther===idaa will also pubheh '

part 51 of this chaptar(to the extsat in the FederalRegister a modos of

.i applicable to the posedimport)have recol of alicones applimtlan for an 1 been estis8ed: radioactive weste forwhich a (4) With respect tora ._, - 2 import beense is rapdred. -

i otradioactiw waste,an appropriate . . . . .

! facility has agmed to acompt the weste gg. Section 110.724s amended by

! ' icIEaerNving'tE'axeend. @ ** '"'"d"""Y ""' ""' "

! Branch judgement that the imeuance of a proposed license willnotbe 6116.73 Aveneidety'et desumente hthe inimical to common defer.se and PubmeGeeumentneem.

security, theemn=a-tm. does not issue Unless exempt from disclosum under 4

the proposed license en a timely basis part 9 of this chapter,the following becauseitis unable to make the documentsi n-mingtoeachhaemse statutory determinations required under and license application for an import or

, the Atomic Energy Act,the r i agn export requirlag a spectSc license under will ublicly P issue a decisicin to that this Part willbe made availabhinthe effect and will submit the 11=== Public Document Roosa: -

,evplication to the President.%e . . . . .

r===i==i='s decision willinclude an . 18.Section 110.s2(a)is revised to

, etplanation of the basis for the dedston need a fouows-and any dissenting or separate views.

The tone in this ph do not 61to.at Hearing sequest er hterveneen app toe -mf=h ans' Pseuen.

license applicatioer forthe (a) A person may request a hearing or

exporto byproductmaterialor petition forleave to intervene on a

[ raatoactive waste requiring a specine beense application for animport or 4

• bconse. export requiring a speciac Hmna.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , - , _ _ _ _ . _ _ _ _ , _ _ , . _ _ _ _ . _ , _ _ . -_- ,_ _ _ , , , _ , . _ _ . ,r... _ . , , . - . - _ - , - _ _ _ - , . _ - . - _ , ,

u. .

^_

gIAEANews l.;

Features NUMBER 9 DECEMBER 1990 3 .

The International Transboundary Movement of Radioactive Waste l A CODE OF PRACTICE l

IAEA Member States adopt principles,to prevent " dumping" of radioactive wastes nSeptember 1990, Member States and disposal of hazardous wastes- further requires that transboundary (

of the International AtomicEnergy a practice commonly called " dump- movements of radion.Cve waste .

)

Agency took an important step for ing"-in the territories of develop- take place in accordance with inter- <

strengthening the safety and envi- ing countries, notably in Africa. No nationally accepted safety standards ronmental record of radioactive case of dumping that involved and respective national laws and waste management and disposal. radioactive waste has been reported, regulations, and with prior noti-fication and consent of the se iding, Rey adopted, by consensus, an The code builds upon and rein- receiving, and transit States.

international code of practice gover- forces a strong existing interna-ning the movement of radioactive tional foundation for environmental While the code is not legally wastes across national borders. and public safety in the handling binding, its adoption by consensus i of radioactive waste. Experts from underscores the political commit-The code was requested by the 20 countries who were convened by ment of the IAEA's 112 Member I 1AEA General Confetence in 1988 States to prevent any unauthorized the IAEA to research and draft the following reports on illicit transfer code found no need to create new transboundary movement of radio-norms in this field. active waste.

The code affirms the sovereign The full text of the code appears -

right of every State to prohibit the on the following two pages. ",.

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$* The Oropp cf ExpertsT : in the field cf nuclear safety end ment and disposal cf radioactive

. . 6 radioactive waste management, wate, the safety cf ruclear facili-

, ties, and the physical prosecuon cf (i) Taking note that nuclear (v) Emph+15 that such co- nuclear materials, power generation and the utilization operation should take into account of radioisotopes involve the genera- .the needs of developing countries (viii) Recalling the Convention tion of radioactive waste, and may include the exchange of on Early Notification of a Nuclear information, the transfer of technol- Accident and the Convention on As-

. (ii) Aware of the potential haz- ogy and the provision of assistance, aissance in the Case of a Nuclear ards for human health and the Accident or Radiological Emer-environment that could result from (vi) Taking into account the gency, the improper management or dis- IAEA's safety principles, which posal of radioactive waste, require, inter alia, that " policies (ix) Mindful of the relevant and criteria for radiation powcior, principles and norms of interna-(iii) Aware of public concern of populations outside national tional law, about any unauthorized interna- borders from releases of radioactive tional transboundary movement of substances should not be less strin- (x) Taking into account 'he pro-radioactive waste, particularly to geat than those for the population visions of the Basel ConvenJon on the territory of developing coun- within the country of release",8 the Control of Transbomdary tries, and the danger of improper Movements of Hazardous 'Vastes management and disposal of such (vil) Taking into account the and their Disposal and other mie- -

waste, IAEA safety standards and guide- vant international instruments, and j lines relevant to the international (iv) Aware of the need to con- transboundary movement of radio- (xi) Recognizing the global role tinue to promote high standards of active waste, including standards of the IAEA in the area of nuclear radiation protection worldwide and and guidelines for radiological pro- safety, radiation protection and to strengthen international co-opera- tection, the safe transport of radio- radioactive waste management and tion, both multilateral and bilateral, active material, the safe manage- disposal:

DECIDES that the following Code of Practice should serve as guidelines to States for, inter alia, the develop-ment and harmonization of policies and laws on the international transboundary movement of radioactive waste. l

1. SCOPE I This Code applies to the imerna- protecuon of nuclear material, as more, this Code, which is advisory, tional transboundary movement of well as the standards for basic dors not affect in any way existing radioactive waste. nuclear safety and radiation protec- and future arrangements among It relies on international stan- tion and radioactive waste manage- . States which relate to matters dards for the safe transport of radio- ment; it does nm establish separate covered by it and are compatible active material and the physical guidance in these areas. Further- with its objectives.2

11. DEFINITIONS For the purpose of this Code: and for which no use is foreseen." treatment, conditioning, transporta-

" disposal" means the emplacement tion and storage of waste.

" radioactive waste" is any mate- of waste in a repository, or at a " competent authority" means an rial that contains or is contaminated given location, without the intention authority designated or otherwise with radionucl'les at concentrations of retrieval. recognized by a government for or radioactivity levels greater than " management" means all ap'/i- specific purposes in connection with the " exempt quantities"3 estab- ties, administrative and opersonal, radiation protection and/or nuclear lished by the competent authorities that are involved in the handling, safety.

l

c- , _ , , , , _ _ _ _ , , _ _

llL BASIC PRINCIPLES 3

General

• receiving and transit States in accor- radioactive waste is carned out in .

dance with their respective laws and accordance with this Code. l I. Every State should take the regulations.

8PPmPriate sups necessary m ensure that radioactive waste withm 6. Every State involved in the international Co-operation its territory, or under its jurisdiction international tr==t+-Jary move-or control is safely managed and ment of radioactive waste should

10. 'Jhe sending State should take the appropriate steps necessary disposed of, to ensure the protection have a relevant regulatory authority to permit readmission into its terri-of human health and the environ- and adopt appropnate procedures as ment. tory of any radioactive waste previ-

, necessary for the regulation of such

" " "*"' cusly trmfeM from its arrimry

2. Every State should take the ' if such transfer is not or cannot be appropriate steps necessary to mmi- 7. No receiving State should completed in conformity with this Code, unless an alternative safe mize the amount of radioactive- permit the receipt of radioactive waste, takm, g mio account social, arrangement can be made.S waste for management or dtsposal environmental, technological and unless it has the administrative and economic considerations. technical capacity and regulatory R Ses M co-operam at the bilateral, regional and interna-stmeture m manage and dispose of international tional levels for the purpose of such waste in a manner consistent Transboundary Movement preventing any international trans-wah internauonal safety standards.

boundary movement of radioactive The sending State should satisfy

3. It is the sovereign right of itself in accordance with the receiv- waste that is not in conformity with every State to prohibit the move- ing State's consent that the above 6 Cd*

ment of radioactive waste into. from requirement is met prior to the or through its territory, international transboundary move- Role of the IAEA ment of radioactive waste.

4. Every State involved in the The IAEA should continue to international transboundary move- 8. Every State should take the collect and disseminate information 3

ment of radioactive waste should appropriate steps to introduce into on the laws, regulations and tech.ni- I take the appropriate steps necessary its national laws and regulations cal standards pertaining to radioac-to ensure that such movement is relevant provisions as necessary for tive waste management and dispo-undertaken in a manner consistent liability, compensation or other sal, develop relevant technical stan-with international safety standards. remedies for damage that could dards and provide advice and assis-arise from the imernational trans- tance on all aspects of radioactive

5. Every State should take the boundary movement of radioactive waste management and disposal, appropriate steps necessary to waste. having particular regard to the ensure that, subject to the relevant needs of developing countries.

norms of international law, the 9. Every State should take the international transboundary move- appropriate steps necessary, includ- The IAEA should review this ment of radioactive waste takes ing the adoption oflaws and regula- Code as appropriate, taking into l

place only with the prior notifica- tions, to ensure that the internatio- account experience gained and tech-tion and consent of the sending, nal transboundary movement of nological developments.

I Notes i 8

Sqfery Princtples and Technical CHserio 8 "Exenpr guamruits", in relation to radio- countries concerned with the international for abe Undergroust Disposal of Eg4Jewt ' active waste, are leseis of radionuclide con- tr ' ' , radioactive waste movemem.

Jtadioscriw Wastes. $sfety Series 99.1989. centration, surface - ' _ ._, radiation d Spent fuel which is not irgended for dis-2 Nothing in this Code prejudices or aflects and/or total activity below which the compe. ,posal is not consadered to be radeonctive in any way the esercise by ships and aircraft tent authority decides to esempt from regula. waste.

of all States of maritime and air navigation tory requirements because the individual and s The above would not apply to waste which nghts and freedoms under customsry inter. collective effective done aquivalents received is associated with, or results from. a service national law, as reflected in the 1982 United from them are no low that such levels are not provided by the sending State to the receiving Nations Convention on the Law of the Sea. significant for purposes of radiation prosse. State and which is subject to a contractual and onder other relevant international legal tion. Such esemps quantities should be es .s.u.; between them that such waste instruments agreed by the competent authortues in the be returned to the receiving State.

The eficist nr.sr su reproduced im IAEA INNIRCl386.

Events leading to the Code of Practice en the r .Wcrking Graup of Experts I d' Transboundary Movement of Radioactive Waste ' Participatin9 countries MAY 1988 - (22-25 May 1989)

In response to reports ofillicit transfer and disposal ofindustnal and toxic wastes in Africa, the summit conference of the Organization for Nd$Rhr:- *

- Austress ..

African Unity (OAU) passes a resolution calling for international acuan ij-adeiumr, p .s*u; .

against such dumping practices. The resolution requests the later- . Canada . . , ,.: , ,

madanal Atomic Energy Agency, United Nations Environment Pro- I-m^ b -

gramme, and a number of other vie.niz.ailons to take measures to e .-Egypt ~

prevent such actions and to assist African countries in establishing Ffense Democatic Repubic appropriate mechanisms to monitor and control them. ,

a do.sein.. .

JUNE 1988 , .araq . J.

.8epen e The Secretary General of the OAU writes to IAEA Director L a Mexion ' ' 2 ' - -

General Hans Blix about the OAU's resolution and requests the IAEA's "intersantion and support" to forestall dumping practices.

b f

g '

^

unned stesse q e At the request of Nigeria's Amhaeandor, the OAU resolution is L-ussr j discussed by the IAEA Board of Governors, the Agency's 35-member L. 2 aire ,

! policy-making body. L Observers " ' '

• Responding to con"cerns about the alleged dumping of radioactive l Federal Reputk of Germany 2

waste in Koko, Nigeria, the IAEA sends an expert there on a fact. ( 'Cy'* "%h"'*eEuropean fuxiing mission at the request of the Government. The mission con-

intemational Earnime i cludes that the " suspected waste" was not radioactive. orgentration (IMO)

',t Nuclear Energy Agency of the Orge-riiention for Economic Cooperation SEPTEMBER 1988 ' and Development (NENCECD) j Meeting in Vienna, the 32nd regular session of the IAEA General (5-9 February 1990)

Conference passes a resolution sponsored by African States = '- - - pgp j ing all nuclear weste dumping practices. It authorizes the IAEA to A,,or;.in. ,

i organize a technical worHng group of experts to formulate a code of ,

Australia , . . -

j practice to guide international waste transactions. [],seum _

l  ;. china , s.

-~.

MARCH 1989 cube " -

, .. Egypt In Basel, Switzerland, an international treaty negotiated under the r . prance . .- : e , . .

auspices of the United Nations Environment Programme is adopted. - . German Democratic Reputdic The convention restricts shipments of hazardous wastes across borders. . ,, , ; , :. 2. .:.

I traq . -.- u, . s -

MAY 1989 lapen *.

- Adawinn At the IAEA in Vienna, the technical working group of SAperts  : Nigerla i M *W 5 ' !

nects to begin work on researching and drafting a code of practice for r sweden -w international transactions involving radioactive wastes. " ussr N7

• M FEBRUARY 1990 zatm . _. _. _

At its second meeting, the technical working group of experts adopts Observere -

a draft code of practice on the transboundary movement of radioactive waste. The code is forwarded to the IAEA Board of Governors for con-

, Y Federal Reputdec of Germany sideration at its June meeting. ,

Netherlando 6

.swnsertend -: <

n. cec .- r ^ '

• SEPTEMBER 1990 wuo s .,...:.o .c , :.. .

- NENOECD Meeting in Vienna, the 34th regular session of the IAEA General > Unned Natione Environment Conference adopts the code of practice by consensus . Programme (UNEP)

MEA Neuwe reeturee are o,ahened on euereces or accer neront n IAEA a0 ember heres. N me6e, and members of N pubhc. Normeten met be estroceedprov,eled actnoersedpement er N ocurse le meer. For arther Wbrma bon, pfesse senanct me IAEA Dvimen of Punec Womwoon. P.O. sor 700 A-1400 menne, Aueme; Tens s-r204s; cane mATou VatmA; Tot. in-1) 2300; Feoernae (4-1)1s4804.

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3 Appalachian Compact Northwest Compact Northeast Compact Texas Compact i Delaware Alaska Maine Connecticut

• l Maryland . Hawaii New' jersey

• Texas

• i Pennsylvania

• Idaho Vermont

West Virginia i Montana Southeast Compact

Oregon Alabama

Central Compact i Utah Florida Arkansas  ! Washington *

• Georgia Unaffiliated States l Kartsas i Wyoming Mississippi District of Columbia

Louisiana  ! North Carolina

• Massachusetts Nebraska

• Rocky Mountain Compact Tennessee Michigan

Oklahoma ' "olorado Virginia New Hampshire s .evada New York Cental Midwest Compact New Mexico Southwestern Compact Puerto Rico Illinois

• Arizona Rhode Island Kentucky ' N#" #"7" O'D California

• South Carolina =

l Mountain waste as agreed North Dakota Midwest Compact betwrcn campsca. South Dako:a Indiana towa The low-level Radioactive Waste Forum includes a representative from each Minnesota regional compact, each designated future host state of a compact *, each : tate Missouri with a currently operating facility *, and each unaffiliated state.

Ohio Wisconsin Graprie 67 Apn Anakres, Inc.pr de uWForm. September 199&

h ENCLOSURE 3

.-