ML20198C513

Request for OMB Review & Supporting Statement Re 10CFR61, Licensing Requirements for Land Disposal of Radwaste. Estimated Respondent Burden Is 10,605 H

ML20198C513
Person / Time
Issue date:	05/15/1986
From:	Norry P NRC OFFICE OF ADMINISTRATION (ADM)
To:
References
NUDOCS 8605220532
Download: ML20198C513 (11)

Text

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= r m.e C r 2 Request for OM3 Review *D cN4'

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.... m, m. as3, important Read instructions De* ore coWet ni; form Do not.;se the sar e sF 83 send three co0.es cf th.s form, the matenal to te rere.ec, ano i to ret.est both an Eiecut se Orcer 12291 rev.ew and apprc<ai u ce-paper *ork-tnree cep.es of the supper *>cg statement, to.

c tne Paper *ork ReLct.cn Act.

Ans*er all cuest.ons in Part i If th.s re0.est is fcr review under E.O.

Of fice of informat,on and Regulatory Af farrs 12291, como'ete Part it and s;gn tre reg.tatorf cer*.ficat.on if this Office of Marager"ent and Bucget request is for apprevat i.rce the Pape ac Retct.on Act and 5 CrR Attention Docket bbrary, Room 3201 1320, skip Part 11, coms-ete Part fit and s go the paperwork certif: cat.on.

Washington DC20503 PART l.-Complete This Part for All Requests.

1. Departrrent/ageacy and 8.' eau.'off ce or g cat rg 'equest

2. Agency coce U.S. :luclear Regulatory Comission 3 1 5

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3. Name of person.ho can eest ans aer questions regarcing tnis request Te!epnoce numoer James A. Shaffaer (3G1 p:27-4693

4. Ltle of enformat.o1Cofr ctio9 or rulemalung

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e 10 CFR Part 61 - Licensing Requirements for Land Disposal of Radioactive Waste

5. Legat authority for intormat,on coIIectson or tuse (cce Umted States Coce. Puohc Law, or Esecutive Oraer)

A2 USC 22rj]Ie 'i

.or

6. Affected public(check attthatJooly) 5 recerai agenc.es or employees t 0 ind-duais or housenoids 3

rarms s O Non.profitinstitutions 2 O stateoriocaigo e aments a G Businesses or otner for prof,t 7 Q smaii eus.resses er orgamiat,ons PART ll.-Complete This Part Only if the Request is for OMB Review Under Executive Order 12291

7. Regulat on Identifier Number (RIN)

_ _ _ _, or. None ass:gred O

8. Tyse of submess>on (cnesa one on each care 'ory)

Type of renew requested s

Classification State of development t Q stancara 1

Major 1 O proposed or e, ft 2

pending 2 O Nonmaior 2 O rinaior enterim finai. - ta prior proposai 3

Emergency 3 0 rica or interim finai...inout are prooosa 4

statutor, oriud.ciai deadiine

9. CFR section astected CFR

10. Does this regulation conta n report.ng or recordkeepirg requirements trat require OMB approval under tPe Paceraork Reheticn Act and 5 CFR 1320?

. O ves D-II. lf a maior rule,is there a regulatory impact acalysis attached?

1 O ves 2r.

' 3 0 Yes 4 I *.

If"No." d.d CM8 wa ve tre ana!yses' Certification for Regulatory Submissions in submitting tnis reovest for CM8 reve.. t*e authorized regulatory contact and the progra n off.c.al certify tnat tre requirements of E O 12291 and any acer.cw <

peticy direct wes have been compi.ed. tn Cate 5 gnature of pregram oft.cial 5.gnature of avtnor> ed regulatory contact Cate

12. TOMB u se ordy) s'sada's 63 r 23 108 y/[M'['{j' wanw u B605220532 860515 PDR ORG EUSOMB PDR i

• • PART lil.-Camplita This Part Only if the Raquest is for Approval of a Collection of Information Under the Paperwork Reduction Act and 5 CFR 1320.

13. Abstract-CescriDe reefs. uses and af'ected pubhc in 50 words er less

" Radioactive waste disposal, % clear waste management" 10 CFR Part 61 establisnes the procedures, criteria, and license terms and coaditions for tne land disposal of low-level r.adioactive waste.

14. Type of snformatoon collect,on (check only ene)

Information collectoans not sontained in rules 10 aeguiar sub=.ss.oa 2 O cmergency subm ss on(cert,ficat on attechee)

Informat'lon collections contained in rules 3 @ Esisting regulation (no changeproposed) 6 Final or intenm final without prior NPRM

7. Enter date of e pected or actual Federai 4 O Noi.c.of proposed ruiemak.ng(NPRM)

A O neguiar subtrnss.on Reg. iter pubi. cat.on at in.s stage of ru'ema-5 Fenal. NPRM was previously pubhshed 8 O Emergency submission (cert 4 car.oa attached)

(maata ear rea'1:

15. Type of review requested (check only one) 4 ne.astatement of a pre. ousir appro ed coiieci.on for wn.cn appro.

1 O Nea coiiection

"*5 "'"'d 2 O a..is.on of a current', aper...d coriect.on 3 0 t tens.on of the e.g rat.on eate of a current'y appre ed coiiecten 5 @ t sting coiiect.on.n use.tneut an cme controi number without any change in the substance or in the method of enIIection

16. Agenc report form number (s)(onclude standard / optional foren number (s)) -

22. Purpose of information coltectnon (checu ss many as apply) o 1

Application for benefits 2 O Program e aivation

17. Annual reportirg or disclosure burden 3

General purpose statistics I

4 @ Regulatory or compliance 1 Number of respondents.

3M Ol9 5 O Prcgram planning or management 2 Number of responses per respondent En nlC 6 0 nesearcn 3 Total annual responses (hne 1 times Ane 2) 4 Hours per response.

nm 7 O Aud.t 5 Total hours (hne 3 t,mes hae 4) 1 (T tmr

23. Frequency of recorckeepirg or reporting (check all that apply)

18. Annual recordkeeping burden 2

1 @ Recorc.eeping 1 Number of recordkeepers 2,030 n,portin, 2 Anrual hours per recordbeeper.

3 Totat recordkeeping hours (hne I times hne 2) 4.1CO 2 5 onoccasion 4 Recordkeeping retention pened QQ year $

3 0 weestr

19. Total annual burcen 4 @ Montnty 1 Requested (hne 17 5 plus hne 18 3).

1A;765 5 0 cuar erer 2 In current CM8 in entory 0

6 O semi-annuaiir 3 0.f f erence (hne l less hne 2),](f 10 Annuany 8 0 B.enneally Esplana tlan of difference 4 Prcg'am charge 14e7bb 9 0 otner(ceseneer 5 Ad ustment. i

24. Responcerts' cDI gation to comply (Jeck the strongest cShgatson thJtare

20. Current (n'est recent) CM B control number or comment number volu tary done i

n 2 O accai.ed to obra.n or ret.n a ben.',e

21. Requested es p. ration cate 3 $ Marcatory 1 VfM rc f rnm ;innrnun 1 dato

25. Are the respondents primarily educathnal agencSs or inst.tutions oris the crimary purpose of tne col 6ection related to Fed

26. Oces the agency use sameling to se'ect responcents or coes the agency recomraead or prescrice the use of sampi cg or statist; cal anaiysis

. O ves C by responcents?

27. Regulatory authonty for the inforrrat.on coHect.on 13 cra Pa rt 61

o, ra

or,otner(spee.ry)

Paperwork Certif cation e agency nead. tne senior off.cial or an authorned represcatat ve, certif.es that tne req.rer ents of 5 CFR 13 la subm.tting th's reosest for CMB acpro.at, te Pnvscy Act. statist' cal staccares or directives. and aay otrer appi cable inf ormat.on poLcy c. rect =es ha.e teen complied witn. Cate S g atu e o' program offic.as r a Cale $ anatee of ag.acy reac. tre sen.or o".c.a. or an a tr. :eJ e presc tat. e Patricio G. dorry, Director ffg Office of Administration /

1 SUPPORTING STATEMENT FOR 10 CFR PART 61 LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADI0 ACTIVE WASTE Justification Need for and Practical Utility of the Information Cg11ection NRC regulations in 10 CFR Part 61 establish, for land disposal of radio-active waste, the procedures, criteria, and terms and conditions upon which the Commission issues licenses for the disposal of low-level radioactive wastes containing byproduct, source, and special nuclear material received from other persons. The regulations are issued pursuant to the Atomic Energy Act of 1954, as' amended, and Title II of the Energy Reorganization Act of 1974, as amended. i In order to obtain a license under Part 61, an applicant must submit general, technical, institutional, and financial infomation. Such infor-mation is needed to pemit the Commission to determine that the proposed activities can be conducted safely and that they will not be inimical to the common defense and security and will not constitute an unreasonable risk to the public health and safety or the environment. i The information included in the applications, reports and records is reviewed by the NRC staff to ensure the provision of an adeouate level of protection of public health and safety, common defense and security, and the environment. Information concerning the reautrements imposed by specific sections is provided below. Section 61.3(b) requires that an application be filed and license be obtained before commencement of construction of a land disposal facility. The information submitted in the application pursuant to this section and other sections described below is reviewed by various NRC organizational units to assess the adequacy of the applicant's physical plant, equipment, organization, training, experience, procedures and plans for protection of the public health and safety, coh: mon defense and security, and the environment. The NRC review and the findings derived therefrom form the basis for NRC decisions concerning the issuance, modification, or revocation of licenses for land disposal of radioactive waste. Section 61.10 requires that an application contain infomation as set forth in Sections 61.11 through 61.16 and indicates that an environmental report in accordance with 10 CFR Part 51 must also accompany the application. Section 61.11 outlines general infomation needed to clearly identify the applicant, to describe the applicant's qualifications, and to provide an overview of the project. This infomation is used to determine who is the legally appropriate licensee, that the applicant can safely conduct the proposed activities, and to understand the scope of the proposed activities. l i ~...

i, Section 61.12 specifies the infomation required to be submitted concerning the disposal site, including: (a) natural and demographic site characteristics; (b) design features of the land disposal facility and the disposal units; (c) principal l - design criteria and their relationship to the perfomance oLjectives; (d) design basis natural events or phenomena and their relationship to the principal design criteria; (e) codes and standards applied to the design and which will apply to construction of the facilities; (f) construction and operation of the facility; - (g) site closure plan; (h) natural resources at the site that could attract l exploitation;.(i) radioactive material to be disposed of; (j) quality control program for design, construction, operation and closure; (k) radiation safety program for control and monitoring of radioactive effluents; (1) environmental monitoring program and plan for corrective measures; and (m) administrative procedures to be applied to control activities at the land disposal facility. This information is needed to' permit NRC to detemine that the perfomance object-ives of Subpart C of Part 61 and the technical requirements of Subpart D will be met. Section 61.13 specifies additional technical analyses that must be submitted, including: (a) protection of the general public from releases of radioactive i material by various pathways; (b) protection of individuals from inadvertent intrusion; (c) protection of individuals during operations; and (d) natural processes, such as erosion, settlement of wastes, and drainage, that affect the i .need for ongoing active maintenance after closure. This information is also required to permit a detemination that the performance objectives of Subpart C 4 l will be met. Section 61.14 specifies the infomation required to be provided by the site land owner or potential land owner to enable the Commission to determine that adequate institutional arrangements have been made for long-term care of the disposal site. Section 61.15 requires the submission of financial infomation sufficient to demonstrate that the financial qualifications of the applicant are adequate to i~ carry out the activities for which the license is sought and meet other financial assurance requirements as specified in Subpart E. This information is needed for NRC to determine tnat there will be sufficient funds to safely carry out disposal and long-tem care. ) Section 61.16 specifies infomation concerning safeguards and safety, including -criticality, that may be required with regard to special nuclear material. This section primarily reflects existing requirements in other parts of the Commission's regulations concerning special nuclear material, and'is needed since Part 70 licenses will no longer be issued to waste disposal licensees. The infomation is reviewed by the NRC licensing staff to assure safety, security, and accountability of special nuclear material. Section 61.20 requires applicants to file three copies of the application and retain 85 copies for distribution in accordance with instructions from NRC. The additional copies are required to be provided for review by affected State and local governments, indian tribes, other Federal agencies, and other persons or entities affected by-or involved in the detemination on the application.

' Section 61.22(b) requires that the applicant supplement or update the application as necessary prior to issuance of a license. This requirement is needed to ensure that the Canmis,sion receives information concerning any changes in the activities proposed to be carried out or new information regarding the proposed activities. Section 61.26 requires that an application for an amendment of a license must be filed in accordance with Section 61.70 and must fully describe the chances desired. This information is reviewed by the NRC licensing staff to ensure that the desired amendments will afford an adequate level of protection of the public health and safety, the common defense and security, and the environment. Section 61.27 requires that an application for renewal or site closure must be filed in accordance with Sections 61.10 through 61.16, 61.20, and 61.28. Section 61.28 specifies the information required in an application for site closure following disposal operations. The information will be reviewed by the NRC staff to determine whether, in the case of a renewal, the requirements for a new license are met, and for site closure, whether there is reasonable assurance that the long-term performance objectives of Subpart C of Part 61 will be met. Section 61.30 specifies that the licensee may apply for an amendment to transfer the license to the site owner. The application will be reviewed by the NRC staff in order to make necessary findings to ensure that the license for the site can be safely transferred from the site operator to the site owner. The site owner provides licensed institutional control and care of the site for up to 100 years. Section 61.31 specifies that, following the period of institutional control, the licensee may apply for an amendment to terminate the license. The application will be reviewed by the NRC licensing staff in order to make necessary findings that institutional control reautrements have been met, that any additional reautrements resulting from new information developed during the institutional control period have been met, and that permanent monuments or markers warning against intrusion have been installed. Section 61.53 requires the licensee to provide and maintain a basic environ-mental monitoring system prior to license submittal, during construction and operation, and after the site is closed. The information is needed for the Commission to evaluate site characteristics prior to licensing and then to provide an early warning if radioactive releases are occurring in quantities or in a manner not anticipated in licensing the site. Section 61.55(a)(2)(iv) specifies that a licensee may submit a proposal for disposal, pursuant to Section 61.58, of waste greater than Class C. This requirement is needed to allow licensees the flexibility of safely disposing of waste that does not fit into existing categories. The information submitted will be reviewed by the licensing staff to determine whether the proposal as to waste form and disposal method will provide an adequate level of protection of the public health and safety and the environment. Responsibility for greater than Class C waste was transferred to the Department of Energy under the Low Level Radioactive Waste Policy Amendments Act of 1985. Therefore, no burden is expected to be incurred under this section.

_4_ Section 61.57 requires that each. package of waste accepted by the licensee must be clearly labeled by the shipper to identify whether it is Class A waste, Class B waste, or Class C waste in order to help insure proper ' di sposal. Section 61.61 requires each applicant to show that its financial position is such that the estimated costs of conducting all licensed activities can be met. This is needed to help ensure that the facility will be constructed, operated, and closed according to the license. Section 61.62 requires the applicant to provide assurance that sufficient funds, including sureties, will be available to carry out orderly disposal site closure and stabilization. This information will be reviewed by the NRC staff to ensure that sufficient funds are available for completion of the closure plan, including contingencies to assure adequate closure in the event of ifcensee financial problems or early closure. Section 61.63 requires the applicant to provide a copy of a binding arrange-ment between the applicant and the disposal site owner that ensures that sufficient funds will be available to cover the costs of monitoring and any required maintenance during the institutional control period. This is necessary to assure that sufficient funds are available for post-closure activities. Section 61.72 allows a State or tribal governing body whose interest is affected by a near-surface disposal facility to submit a fomal proposal for participation in the review of a license application. This information is necessary in order to provide a State or tribal body greater input during the licensing process. Section 61.80 specifies requirements for maintaining records and filing reports. Subsection (a) requires licensees to maintain' records and make reports that may be required by the conditions of the license or by the rules, regulations and orders of the Commission. Records and reports provide a primary basis for determination that licensees receive, possess, transfer, and dispose of material as authorized in the license and in accordance with the regulations and orders of the Commission. This reautre-ment provides additional regulatory support for those conditions and provisions and serves to remind licensees that they must comply not only with Part 61 but with other. Commission regulations and with specific license conditions. The burden associated with those other requirements is accounted for in the clearances for those regulations. Subsection (b) reautres licensees to maintain records that are required by the regulations or license conditions for the period specified in the regulation or license condition. If a retention period is not otherwise specified, those records must be maintained for the duration of the license and transferred to the officials specified in Section 61.80(e) upon termi-nation unless the Commission otherwise authorizes their disposition. Subsection (c) authorizes the licensee to use reproduced copies or microfilm for recordkeeping.

. 1 Subsection (d) provides that in the event there is a conflict between the regulations, license conditions, or other written approval or authorization pertaining to the retention period for a record, the longest retention period specified takes precedence. Subsection (e) provides that specified data on disposal of wastes at the site must be transferred on license termination to a specified local, state, or Federal government official. The records, record transfers, and record maintenance reautrements in Subsections (a)-(e) are needed to provide infomation to the Commission and other responsible agencies for use in detemining that activities are being conducted safely and in accordance with license reauirements and other applicable requirements such as leases or local ordinances. The infomation is needed to evaluate environmental monitoring data and deal with contin-gencies. Data on the wastes would be essential in planning and conductina remedial actions at the sites should they be necessary. Subsection (f) requires that the licensee keep records on the waste received for disposal, including date received, location in the disposal site, condition of the waste package as received, any discrepancies between the manifest and the waste actually received, and any evidence of leaking or damaged packages or radiation or contamination levels in excess of regu-latory limits. The licensee must also describe any repackaging operations and provide any other information that may be reouired by license condition. This infomation will be used to help generate inventory data and data on the condition of the waste for estimating source tems and identifying problem shippers who need to improve their programs for preparing waste for shipment. The data will be used by the operators to evaluate waste handling procedures to be sure the procedures are adequate to protect workers handling waste in the condition in which it actually arrives, not just as it is expected to arrive. Subsections (g) and (j) provide that the licensee must comply with specified safeguards reporting requirements contained in Parts 30, a0, and 70 of the Commission's regulations. Infomation submitted pursuant to these reouirements is needed for the NP.C to carry out its statutory responsiblity to protect the common defense and security and to pemit NRC to take any necessary action in response to a criticality accident or loss or theft of nuclear material. Subsection (h_) requires an annual financial report. The stability and financial soundness of disposal site operators is important to prevent abandonment of the sites or inability to carry out disposal in accordance with approved procedures because of shortage of funds. The financial information will be reviewed by the NRC staff for early warning of the possible development of such problems. Subsection (i) requires an original and two copies of an annual report on site activities. The information to be reported includes summaries of environmental releases, environmental monitoring data, waste disposed of, maintenance activities, and new data on the site, if any. Such summary data is needed to help the Commission monitor the continuing validity of the initial findings on which the license was issued.

. Subsection (k) provides that the licensee must comp 1v with specified provisions of Parts 30, 40, and 70 for any transfer by the licensee of byproduct, source, or special nuclear material. Reduction of Burden Through Information Technology The regulations provide flexibility for the use of improved infomation technology in infomation collection and recordkeeping. The approach throughout Part 61 was to specify the necessary information but not to specify how the infomation must be maintained. For example, no appli-cation fom is specified and Section 61.80(c) explicitly allows the use of microfilm for recordkeeping. Efforts to Identify Duplication The Federal Infomation Locator System was searched to detemine HRC and other Federal agency duplication. No duplication was found. Use of Similar Infomation Section 61.21 specifically provides an opportunity for the applicant to avoid repetition in filing licensing submittals: "61.21 Elimination of repetition. In its application, the applicant may incorporate by reference information contained in previous applications, statements, or reports filed with the Commission if these references are clear and specific." Effort to Reduce Small Business Burden Applicants for operation of a disposal site may be small businesses. However, since the total number of applicants is expected to be small and the information needs are the same for both idrge and small entities, it is .not possible to reduce the burden on small businesses by less frequent or less complete reporting or recordkeeping procedures. Consequences of Less Frecuent Collection Less frequent infomation collection would compromise NRC ability to make licensing decisions and monitor the continuing safety of disposal operations. Applications are required only when a licensing action is required. Reports are required annually on financial status and site operations. Less frequent reports would not give early warning of potential problems. Circumstances Which Justify Variation from OMB Guidelines The rule confoms to OMB guidelines in requiring only three copies of the application, but varies from the guidelines in reouiring that 85 copies he retained by the applicant for distribution in accordance with instructions J from NRC. The additional copies are required to be provided for review by affected State and local governments, indian tribes, other Federal acencies, and other persons or entities affected by or involved in the detemination on the application.

. Consultations Outside NRC Development of Part 61 involved extensive public input. Two commercial firms operate the three active disposal sites: Chem-Nuclear Systems, Inc. and US Ecology, Inc. Formal and informal comments by these companies were considered. States were actively involved. (States are likely to be the long-term care licensee). The host states for the operating sites are South Carolina, Washington, and Nevada. Both companies and the three states submitted formal comments on Part 61 when it was proposed. Confidentiality of Information None, except for proprietary information. Sensitive Questions None. J l i

. Estimate of Compliance Burden Reporting Requirements No. of Annual Licensee Total Annual No. of Responses per Staff Hours Licensee Section Respondents Respondent .Per Submittal Rurden (Hrs) 61.3(b)) 1 0.33 9,000 3,000 61.10 - Included in 61.3(b) above or in 10 CFP Part 51, OMB No. 3150-0021. 61.11 - Included in 61.3(b) above. 61.12 - Included in 61.3(b) above. 61.13 - Included in 61.3(b) above. 61.14 - Included in 61.3(b) above. 61.15 - Included in 61.3(b) above. 61.16 - Included in 61.3(b) above or in OMB Clearances 3150-0009 or 3150-0002. 61.20 - Included in 61.3(b) above. 61.22(b) 1 0.33 2,000 660 61.26 1 0.33 275 92 61.27 No burden anticipated for period of this clearance. 61.28 - Included in 61.27 above. 61.30 No burden anticipated for period of this clearance. 61.31 No burden anticipated for period of this clearance. 61.53 1 12 80 960 61.55( a)(2)(iv) None 61.57 1 350,000 0.05 5,833 61.61 - Included in 61.3(b) above. 61.62 - Included in 61.3(b) above. 61.63 - Included in 61.27 above.

, L timate of Compliance Burden Reporting Requirements (cont'd) No. of Annual Licensee Total Annual No. of Responses per Staff Hours Licensee Section Respondents Respondent Per Submittal Burden (Hrs) 61.72 - Included in 61.3(b) above. 61.80(g),(j) - Included in OMB Clearances 3150-0017, 3150-0020, and 3150-0009 61.80(h) 1 1 20 20 61.80(1) 1 1 40 40 Total 350,015 10,605 Recordkeeping Reouirements Total Record No. of Annual Hrs per Recordkeeping Retention Recordkeepers Recordkeeper Hours Period 61.80( a)-( f) 2 2,080 4,160 Duration of License 61.80(k) - Included in OMB Clearances 3150-0017, 3150-0020, and 3150-0009 Total Recordkeepers - 2 Total 4,160 Recordkeeping Hours TOTAL LICENSEE BURDEN HOURS _14,765 Estimated Annual Cost to Respondents The estimated annual cost per respondent to respond to the collection is $442,950 ($60/hr X 7382.5 hrs). Total annual industry cost is $885,900. 1 The burden and cost estimates are based on NRC staff analyses. Costs are estimated based on a $60 hourly rate. Estimated Annual Cost to the Federal Government The estimated annual cost to the government for years 1 - 10 is $443,040. The estimated annual cost to the government for years 11 - 30 is $285,840. __ _}}