ML20205C721
| ML20205C721 | |
| Person / Time | |
|---|---|
| Issue date: | 07/31/1986 |
| From: | Dunkelman M, Kearney M, Robert Macdougall NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| References | |
| NUREG-1213, NUDOCS 8608120696 | |
| Download: ML20205C721 (85) | |
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g FMUREG-1213 i i
l Plans and SchedulesLfor Implementation L of U.S. Nuclear Regulatory Commission L Responsibilities Under the Low-Level Radioactive Waste Policy Amendments l
Act.of 1985 (P.L.99-240) l 4
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. U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards M. M. Dunkelman, M. S. Kearney, R. D. MacDougall l
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y 6 f NOTICE I -
/ Availability of Reference Mat'erials Cited in NRC Publications 1 Most documents cited in N RC publications will be available from' one of the following sources:
- 1. J The NRC Public Document Room,' 1717 H Street, N.W.
- Washington, DC 20555 '
' 2. The Superintendent of Documents, U.S. Government Printing Office, Post Office BbN 370824 Washington, DC 20013 7082 ~
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- 3. The National Technical Information ServiceiSpringfield, VA' 22161 ;
s' Although'the' listing th'at folldws represents the majority of documents cited in NRC publications,.
it is not intended to be exhaustive.
Referenced documents available for inspection and copying for a fee from the NRC Pu'blic Docu-
- ment' Room include' N RC correspondence a'nd internal NRC memoranda; NRC Office of Inspection l
.and - Enforcement. bulletins, circulars, information notices, inspection and investigation -notices:- ll Licensee Event Reports; vendor reports'and correspondence; Commission papers; and applicant and . !
- licensee documents and correspondence.
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The following documents in the NUREG series are available for purchase from the GPO' Sales Program:Lformal NRC staff and contractor reports, NRC-sponsored conference proceedings, and - i NRC booklets and brochures. Also available are Regulatory Guides, NRC regulations in the Code of. f Federal Regulations, and Nuchser Regulatory Commission issuances.= l
.. . - l Documents available from the National Technical Information Service include NUREG' series; j reports and technical reports prepared by other federal agencies and reports prepared by the Atomic Energy Commission, forerunner agency to'the Nuclear Regulatory Commission.
Documents available from public and special technical libraries include all open literature items,-. ,
1 such as books, joumal and periodical articles, and transactions. Federal Register notices, federal and -
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state legislation, and congressional reports can usually be obtained from these libraries.
. Documents such as theses, dissertations, foreign reports and translations, and non N RC conference
. proceedings are available for purchase from the organization sponsoring the publication cited.
Single copies of NRC draft reports are available free, to the extent of supply, upon written request to the Division of Technical Information and Document Control, U.S. Nuclear Regulatory Com-mission, Washington, DC 20555.
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there for reference use by the public. Codes and standards are usually copyrighted and may be purchased from the originating organization or, if they are American National Standards, from the American National Standards Institute,1430 Broadway, New York, NY 10018. .
Plans and Schedules for Implementation of U.S. Nuclear Regulatory Commission Responsibilities Under the Low-Level Radioactive Waste Policy Amendments Act of 1985 (P.L.99-240)
Its Pu sh uly M. M. Dunkelman, M. S. Keamey, R. D. MacDougall Division of Waste Management Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission WIshington, DC 206ti6 l
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ABSTRACT The purpose of this document is to make available to the states and other in-terested parties, the plans and schedules for the U.S. Nuclear Regulatory Com-mission's (NRC's) implementation of its responsibilities under Public Law 99-240, the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA). This d:cument identifies the provisions of the LLRWPAA which affect the programs of the NRC, identifies what the NRC must do to fulfill each of its requirements under the LLRWPAA, and establishes schedules for carrying out these requirements.
The plans and schedules are current as of June 1986, iii e
TABLE OF CONTENTS Page ABSTRACT ............................................................. iii INTRODUCTION ......................................................... 1 NRC'S ROLE AND RESPONSIBILITIES UNDER THE LLRWPAA .................... 1 SECTION-BY-SECTION DESCRIPTIONS - Implementation of:
Section 2(9) Concerning Classifying Waste as Low Level ............. 6 Section 3(b)(1) and (2) Concerning Licensing a Facility Handling Waste Having Radionuclide Concentrations Exceeding Class C Limits .......................................................... 8 Section 3(b)(3) Concerning DOE's Report to Congress on Disposal of Waste Having Radionuclide Concentrations Exceeding Class C Limits .......................................................... 10 Section 4(b)(3) and (4) Concerning Preserving NRC Authority With Respect to Low-Level Waste Compacts ............................. 12 Section 5(d)(2)(C) Concerning the Potential for States to Take Title to and to Take Possession of Low-Level Waste ..................... 14 Section 5(e)(1)(C) and (D) Concerning Determining the Completeness of i Disposal Site Applications ......................................... 16 Section 5(e)(1)(E) Concerning Transmitting and Publishing State Certifications .................................................. 18 Section 6(a) through (e) Concerning Granting Emergency Access ...... 20 Section 7 Concerning DOE's Annual Report to Congress ............... 22 Section 8 Concerning Alternative Disposal Methods .................. 24 Section 9 Concerning Establishment of a License Review Capability .. 26 Section 10 Concerning Radioactive Waste Below Regulatory Concern ... 28 v
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APPENDICES A LLRWPAA B NRC'S ROLE IN IMPLEMENTING THE LLRWPAA C LOW-LEVEL RADI0 ACTIVE WASTE: BRANCH TECHNICAL POSITIONS AND REVIEW PLANS D NRC PUBLICATIONS ON DISPOSAL OF LOW-LEVEL WASTE E FEDERAL REGISTER NOTICE ON TECHNICAL ASSISTANCE AVAILABILITY F FEDERAL REGISTER NOTICE ON ALTERNATIVE METHODOLOGIES G FEDERAL REGISTER NOTICE ON FORMAT AND CONTENT GUIDE i
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INTRODUCTION This document makes available to the states and to interested parties, the plans and schedules for the U.S. Nuclear Regulatory Commission's (NRC's) imple .
mentation of its responsibilities under the Low-Level Radioactive Waste Policy Amendments Act of 1985 (P.L.99-240)(LLRWPAA). This document identifies the provisions of the LLRWPAA which affect the programs of the NRC, identifies what the NRC must do to fulfill each of its requirements under the LLRWPAA, and establishes schedules for carrying out these requirements.
Signed into law on January 15, 1986, the LLRWPAA: (1) ensures that currently operating disposal facilities will remain available until the end of 1992, sub-ject to specified volume limitations and other requirements; (2) establishes a system of incentives and penalties to promote steady progress toward new facility -
development; and (3) under Title II, grants consent to seven interstate low-level waste disposal Compacts covering 37 states. Key site development milestones as specified by the LLRWPAA are listed in Figure 1. -
The new law is complex. It presents numerous possibilities for state, Compact .
Commission, licensee, and federal agency decision-making, and the final arrange-ments among all the affected parties cannot now be foreseen. Recognizing that all the impacts of the LLRWPAA on the NRC will probably be unclear for some time, this document identifies programmatic impacts that currently appear to be likely.
NRC'S ROLE AND RESPONSIBILITIES UNDER THE LLRWPAA The LLRWPAA requires NRC to take specific actions in a number of areas. These are described in detail in the section-by-section descriptions that follow and are shown in Figure 2. NRC's role in implementing LLRWPAA is summarized in Appendix B. The major required NRC actions are listed here; sections of the LLRWPAA that require the action are cited in brackets.
(1) By July 1986, the NRC must establish standards and procedures and develop the technical capability for acting upon petitions to exempt specific waste streams from NRC regulation. The procedures are to provide for
" expeditious" determinations and actions to exempt waste streams found not to require NRC regulation [Section 10(a) and(b)].
(2) By January 15, 1987, the NRC must establish procedures and develop the technical capability for processing licensing applications. These proce-dures must, to the extent practicable, provide for completion of all pro-cessing and reviews (except for the licensing hearing) within 15 months afte.' receipt of application [Section 9(1)].
(3) In consultation with states and other interested parties, the NRC shall identify methods for the disposal of low-level radioactive waste other than shtllow land burial and establish and issue technical guidance by January 15, 1987, on alternative disposal methods to shallow land burial
[Section 8(a)].
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1 Figure 1 Key Site Development Milestones 1985 1986 1987 1988 1989 1990 1991 1992 1983 1994 1995 1996 KEY MILESTONES y States must ratify Compact legislation or certify intent to develop a site [Sec. 5(e)(1)(A)].
7Accesstoexistingsitesmaybedenied[Sec.5(e)(2)(A)(li)].
yStates/Compactsmustdevelopasitingplan[Sec.5(e)(1)(B)].
yAccesstoexistingsitesmaybedenied[Sec.5(e)(2)(8)(ii)].
7 A complete license application must be filed or certification provided to the NRC that the state will manage the waste after 12/31/92 [Sec. 5(e)(1)(C)].
yAccesstoexistingsitesmaybedenied[Sec.5(e)(2)(C)].
7Alllicenseapplicationssustbefiledanddeterminedcomplete[Sec.5(e)(1)(D)].
y State / Compact assumes responsibility for low-level waste disposal or must repay a portion of the surcharge to the generators [Sec. 5(d)(2)(C)].
yState/Compactmusttaketitle/possessionoflow-levelwaste[Sec.5(d)(2)(C)].
Figure 2 NRC Actions Required by LLRWPAA 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1995 NRC REQUIRED g ACTIONS y Section 2: Classify all wastes as either low-level waste or high-level waste (no date specified, completion likely in FY88).
y Section 3: License federal disposal of above-Class-C waste (no date specified).
y Section 5: Transmit state certifications to Congress (no date specified).
y Section 6: Establish emergency access procedures and criteria (earliest need: 1/1/87).
y Section 8a: Identify alternative disposal methods and issue technical guidance (1/87).
y Section 8b: Establ,ish technical requirements for alternative disposal methods (1/88).
y Section 9: Establish licensing review procedures and capability (1/87).
y Section 10: Establish standards and procedues for wastes below regulatory concern (7/86).
NOTE: For those required actions where a compliance date was nat specified in the LLRWPAA, the date shown reflects the staff's preliminary plans.
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(4) By January 15, 1988, the NRC must identify and publish "all relevant tech-nical information" that must be submitted to NRC to pursue an alternative disposal method, together with the technical requiremonts for licensing alternative disposal facilities [Section 8(b)].
(5) The NRC must, within 45 days after receiving a request for emergency ac-cess to a disposd site, complete determinations on whether such access is necessary In addition, the LLRWPAA provides for the NRC to designate an t appropriate nonfederal disposal facility or facilities to receive wastes found to require emergency access, and to notify the affected state (s) and Compact Commission (s) with the designated facilities, describing the waste
[ and the minimum volume and duration of disposal required.
state must also be notified if emergency access has been granted The requesting
[Section 6(c)].
(6) The NRC must license any facility for federal disposal of low-level radio-active waste from NRC- or Agreement State-licensed activities that has 7
concentrations of radionuclides which exceed the limits established by the NRC for Class C waste under 10 CFR 61 [Section 3(b)(2)].
(7) The NRC must transmit to Congress any Governor's certification that his or her state will provide for the management, storage, and disposal of low-level waste af ter 1992 [Section 5(e)(1)(E)].
In addition to the actions NRC is specifically required to take, a number of LLRWPAA's provisions make other NRC measurec necessary or prudent, or affect j the timing of required actions.
(1) Because access to an operating disposal facility could first be denied on January 1,1987, this date appears to be the ef fective deadline for the development of NRC regulatory guidance for petitions for emergency access.
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(2) To ensure that extended storage does not become de facto disposal if a licensee becomes insolvent, NRC may find it necessary to reexamine its financial assurance requirements for such storage. The problem of such
- insolvencies could arise during the time between January 1,1987, when
[ access to a disposal site may first be denied, and January 1, 1996, when states that have not provided for disposal are required to take title to -
and possession of low-level waste generated within their borders.
(3) The Department of Energy (DOE) must submit a report to Congress by E January 15, 1987, setting forth recommendations for ensuring the safe disposal of wastes having radionuclide concentrations exceeding Class C limits under 10 CFR 61 (above-Class-C wastes). 00E's recommendations may affect the issues to be addressed in NRC's planned rulemaking to define high-level wastes. For example, the NRC rulemaking may be needed for DOE to identify the upper concentration bound of the wastes that would be
. suoject to disposal in the facility.
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(4) The requirement for federal responsibility for management of wastes having concentrations exceeding Class C limits from NRC-licensed activities in an _
1 NRC-licensed facility may require licensees to store such wastes for an indefinite period pending the licensing and operation of a DOE disposal facility for hem. In addition to certain materials licensees, such as r
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sealed source manufacturers with such wastes, this requirement may affect the disposition of any above-Class-C wastes generated from normal reactor operations or the decontamination and decommissioning, and from any reactor that suf fers an incident requiring a major unplanned decontamination and/
or decommissioning.
(5) DOE's recommendations for ensuring safe disposal of low-level wastes having radionuclide concentrations exceeding Class C limits may require additional NRC regulatory guidance under 10 CFR 60 for deep geologic disposal, or possibly under 10 CFR 61 for other disposal options.
(6) The NRC may assess the need to clarify the existing definition of low-level waste in 10 CFR 61, and may consider classifying any additional radioactive material as low-level waste [Section 2(9)(b)].
(7) The several opportunities for sited states to curtail access to their facilities may make it prudent for NRC to consider measures to encourage the preparedness of its licensees for such losses of access and ensure the adequacy of alternative means of waste management. This preparedness appears the more advisable in light of the stringent requirements for obtaining emergency access to disposal sites under Section 6.
(8) Given the added costs, uncertainties, and limits on access to currently operating sites, the staff expects an increase in the number of licensing actions requested for onsite storage, onsite disposal under 10 CFR 20.302, incineration, and other forms of treatment or volume reduction. As a result of recent efforts to prepare for a possible loss of access to oper-ating disposal sites beginning this year, the staff believes that suf-ficient licensing guidance is in place for timely NRC decision-making.
The timing, nature, and number of licensing actions and requests for tech-nical assistance to Agreement States, however, cannot usefully be estimated at this time.
(9) Any state agency that takes title to or possession of wastes after 1992 under Section 5(d)(2)(C) will require a license from the NRC or from an Agreement State agency. NRC will have to coordinate closely with state agencies expecting to assume these management responsibilities.
(10) NRC may have to provide significant amounts of information to DOE, both for its report to Congress on ensuring safe disposal of wastes having radio-nuclide concentrations exceeding Class C limits, and for annual DOE reports to Congress on siting, licensing, volume reduction, and other LLRWPAA implementation activities.
(11) Given NRC's and DOE's mutual interest in cooperation for accurate and up-to-date information, NRC will have to exercise care to ensure that this interest does not compromise the arm's-length relationship it will need to maintain with 00E as a prospective licensee for disposal of wastes having radionuclide concentrations exceeding Class C limits.
(12) Because LLRWPAA does not address the jurisdictional questions of NARM (naturally occurring or accelerator produced materials) and mixed wastes, the NRC staff believes it must proceed on the assumption that it is not 4
required at this time to consider possible future NRC regulatory require-ments for these wastes in providing "all relevant information" on alter-native disposal methods. The staff recognizes, however, that Congress intends to resume consideration of this issue, and that NRC may have to provide additional guidance at some future date.
Early legislative clarification of any future NRC role in regulating mixed and NARM wastes would be helpful in averting any disturbance in the timely development of any supplemental guidance on mixed wastes after meeting the w requirements for guidance and information on alternative disposal methods under Section 8. Such clarification would also be helpful in assuring the technical capability for timely license reviews under Section 9(1) and (2).
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(13) The NRC may want to consider ways to strengthen ongoing agency efforts to identify and assess the disposal requirements of new wastes that may result from future licensing activities. Improvements should be designed to bring to management's attention as early as possible any unique disposal require-a ments in the development of both the waste producing technology and alter-native disposal methods.
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SECTION-BY-SECTION DESCRIPTIONS Implementation of Section 2(9) Concerning Classifying Waste as Low Level (Appendix A, p. A-1, 99 Stat. 1843, and Figure 3)
The LLRWPA defines low-level radioactive waste as radioactive material that:
(A) is not high-level radioactive waste, spent nuclear fuel, or byproduct material [as defined in Section 11e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2))]; and (B) the Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph (A), classifies as low-level radioactive waste.
The NRC action resulting from this provision of the LLRWPAA, is to affirmatively classify as such the radioactive materials addressed by this LLRWPAA.
Approach !
The staff believes that the only remaining action in waste classification that '
must be taken to fulfill this provision of the LLRWPAA is to identify the upper )
bound of those wastes having radionuclide concentrations exceeding Class C limits, thereby establishing the threshold between low-level and high-level waste.
This action will be undertaken, if necessary, as an adjunct to the rulemaking currently under way to define high-level wastes pursuant to Section 2(12) of the Nuclear Waste Policy Act of 1982.
Under Section 3(b)(3) of the LLRWPAA, DOE must submit a report to Congress by January 15, 1987, setting forth recommendations on how to dispose of wastes having radionuclide concentrations exceeding Class C limits.under 10 CFR 61.
D0E's recommended approach to disposal may affect the issues to be addressed in NRC's planned rulemaking to define high-level wastes. If DOE chooses to estab-lish a separate facility for disposal of licensed low-level wastes having radio-nuclide concentrations exceeding Class C limits, for example, the NRC rulemaking may be needed for DOE to identify the upper concentration bound of the wastes that would be subject to disposal in that facility. If DOE chooses instead to dispose of low-level wastes having radionuclide concentrations exceeding Class C limits in a deep geologic repository for high-level wastes, an NRC rulemaking to define high-level wastes may not be needed.
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Figure 3 9ction 2(9): Classifying Waste as Low Level 1985 1986 1987 1988 1989 LLRWPAA ACTIONS y
NRC ACTIONS LLRWPAA MILESTONES NRC MILESTONES y DOE report to Congress making recommen- Revision of 10 CFR 60 to define high- and low-level dations on how to dispose of wastes in waste.
concentrations exceeding Class C limits under 10 CFR 61.55. y Submit revised Advanced Notice for Proposed Rulemaking (10/86).
y End of public comment period (1/87).
y Submit Proposed Rule to NRC Comission (8/87).
y End of public comment period (11/87).
y Submit Final Rule to NRC Commission (7/88).
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1 Implementation of Section 3(b)(1) and (2) Concerning Licensing a Facility j Handling Waste Having Radionuclide Concentrations Exceeding Class C Limits '
(Appendix A, p. A-2, 99 Stat. 1844, and Figure 4) 1 Section 3(b)(1)(D) of the LLRWPAA provided for the federal responsibility of: ;
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any other low-level radioactive waste with concentrations of radio- )
nuclides that exceed the limits established by the Commission [NRC]
for Class C radioactive waste, as defined by Section 61.55 of Title 10, Code of Federal Regulations, as in effect on January 26, 1983.
Section 3(b)(2) of the LLRWPAA further provides that:
All radioactive waste designated a Federal responsibility pursuant to subparagraph (b)(1)(D) that results from activities licensed by the .
Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended, shall be disposed of in a facility licensed by the Nuclear Regulatory Commission that the Commission determines is adequate to protect the public health and safety.
The NRC action resulting from this provision of the LLRWPAA is to prepare for and license the federal disposal of the affected waste.
Approach Under Section 3(b)(3), DOE must submit a report to Congress by January 1987, setting forth recommendations for ensuring safe disposal of wastes having radionuclide concentrations exceeding Class C limits under 10 CFR 61. DOE's recommendations may indicate the need for development of additional NRC regulatory guidance, either under 10 CFR 60 for deep geologic disposal, or possibly under 10 CFR 61 for other disposal options.
During the next year, the NRC stuff will take the following actions:
(1) Assess the adequacy of the existing source term for waste having radionuclide concentrations exceeding Class C limits and identify the need for further data.
(2) Acquire additional raw data as needed on sources of waste.
(3) Identify licensees potentially generating waste having radionuclide concentrations exceedi1g Class C limits.
(4) Identify and resolve legal ambiguities related to wastes falling under the LLRWPAA and NRC's licensing authority under it.
(5) Clarify existing waste classification ambiguities.
(6) Coordinate with NRC's rulemaking efforts on the definition of high-level and low-level wastes.
(7) Develop mechanisms for early identification of licensees potentially gener-ating wastes having radionuclide concentrations exceeding Class C limits.
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- Figure 4 Section 3(b)(1) and (2): Licensing an Above-Class-C Facility I
1986 1987 1988 1989 1990 1991 1992 1993 LLRWPAA ACTIONS p p ?
y NRC ACTIONS-I LLRWPAA MILESTONES NRC MILESTONES y DOE report to Congress making recommenda- y Decision to revise 10 CFR 60 to define high-tions to ensure safe disposal of wastes in and low-level waste (6/86).
concentrations exceeding Class C limits under 10 CFR 61.55. y Submit revised Advance Notice for Prcposed' L y Rulemaking (10/86).
y y $ubmittal of a license application for disposal of above-Class-C wastes y End of public comment period (1/87).
(no date specified in the LLRWPAA),
y Submit Proposed Rule to NRC Commission (8/87).
y End of public comment period (11/87).
y Submit Final Rule to NRC Commission (7/88).
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Implementation of Section 3(b)(3) Concerning DOE's Report to Congress on Disposal of Waste Having Radionuclide Concentrations Exceeding Class C Limits (Appendix A, p. A-2, 99 Stat. 1844, and Figure 5)
By January 1987, the Department of Energy is required to submit to Congress a comprehensive report setting forth the recommendations of the Secretary for ensuring the safe disposal of waste having radionuclide concentrations exceeding Class C limits. No specific NRC action is required.
Approach The NRC staff is taking the actions it believes necessary to ensure the timely and complete reflection of NRC's regulatory perspective in DOE's report.
They include the fallowing:
(1) Establish guidelines for prelicensing interaction with D0E.
(2) Participate as an observer on DOE's task force preparing the report to Congress.
(3) Develop and communicate to DOE NRC's positions on the options being considered by DOE (as needed).
(4) Review draft versions of DOE's Congressional report, as needed.
(5) Interact with DOE contractor, as needed, to identify and resolve technical questions on disposal of waste having radionuclide concentrations exceeding Class C limits.
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Figure 5 Section 3(b)(3): DOE's Report to Congress on Disposal of Above-Class-Waste 1985 1986 1987 1988 1989 LLRWPAA ACTIONS 7 NRC ACTIONS T7 7W W LtRWPAA MILESTONES NRC MILESTONES y DOE must issue a report to Congress con- T Review DOE's report to Congress.
taining recommendations to ensure safe disposal of wastes in concentrations y Decision to revise 10 CFR 60 to define high-exceeding Class C limits. and low-level waste (6/86).
y Submit revised Advance Notice for Proposed Rulemaking (10/86).
T End of public comment period (1/87).
y Submit Proposed Rule to NRC Commission (8/87).
y End of public comment period (11/87).
y Submit Final Rule to NRC Commission (7/88),
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r Implementation of Section 4(b)(3) and (4) Concerning Preserving NRC Authority With Respect to Low-Level Waste Compacts (Appendix A, p. A-2, 99 Stat. 1845 and 1846, and Figure 6)
The LLRWPAA provides specific language covering the effect of compacts on federal law, in particular the preservation of NRC's regulations.
The NRC action resulting from this provision is to review the Compact charter language and make known to the Compact Commissions discrepancies from NRC regulations.
Approach NRC's Regional State Liaison Officers, in coordination with the Office of State Programs, will continue to monitor all Compact Commission meetings and actions to keep abreast of anything that may affect NRC's regulations. In particular, all bylaws, rules, and regulations will be obtained from the Compact Commissions to be reviewed by the NRC legal staff for identification of any conflicts with NRC's regulations.
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Figure 6 Sections 4(b)(3) and (4): Preserving NRC Authority With Respect to Low-Level Waste Compacts 1995 1986 1987 1988 1989 1990 1991 1992 1993 LLRWPAA ACTIONS NRC ACTIONS LLRWPAA MILESTONES NRC MILESTONES No specific milestones. No specific milestones.
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i Implementation of Section 5(d)(2)(C) Concerning the Potential for States to Take Title to and to Take Possession of Low-Level Waste (Appendix A, p. A-5, 99 Stat. 1850, and Figure 7)
As relief to generators operating in a state that does not meet certain mile-stones in the LLRWPAA, LLRWPAA provides for such states to take title to and possession of the low-level waste. This action would require an NRC or Agree-ment State license.
Significant state liabilities arise under Section 5(d)(2)(C) if a state or Compact is unable to provide for the disposal of waste by January 1,1993.
Upon the request of the generator or owner of the waste, each state without disposal capacity "shall take title to the waste, shall be obligated to take possession...and shall be liable for all damages directly or indirectly incurred" by the generator or owner as a consequence of the failure of the state to take possession of the waste as soon after January 1,1993, as the l generator or owner notifies the state that the waste is available for shipment.
If the state elects not to take title to and possession of the waste and not to assume liability in 1993, Section 5(d)(2)(C)(ii) provides that 25% of the total surcharges paid by the generator or owner between January 1, 1990, and December 31, 1992, are to be repaid with interest by DOE to the generator in monthly <
installments until the state or Compact region is able to provide for disposal or until January 1,1996, whichever is earlier. If the state does take title to and possession of the waste and does assume liability, however, Sec-tion 5(d)(2)(C) provides that the state is to receive the 25% rebate instead of the generator. When the state or the Compact to which it is a party provides for. disposal, the state or Compact Commission is to receive the rebate, prorated for that portion of the period between January 1,1993, and January 1,1996, during which disposal is provided.
If a state or Compact has failed to provide for disposal by January 1,1996, however, each state must take title to and possession of the waste, and must assume all liabilities from its failure to do so, as soon after January 1, 1996, as the generator or owner notifies the state that the waste is available for shipment.
The NRC actions resulting from this provision are to keep aware of the development of such situations, ensure that the necessary regulatory guidance is available and known by such states, and to take any required licensing actions.
Approach NRC staff, under the policy guidance of the Division of Waste Management, Office of Nuclear Material Safety and Safeguards, will ensure that should a disposal facility be unavailable, the existing regulations will adequately provide for storage of low-level waste. Current regulations will be reviewed in light of the provisions of the LLRWPAA. Should the NRC staff find that any changes to regulations or guidance documents are needed, these changes will be made. In addition, a summary of regulatory information on waste storage will be issued to potential licensees and Agreement States sufficiently in advance of its required use, to allow for the timely development and licensing of any needed facilities.
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Figure 7 Section 5(d)(2)(C): Potential for States to Take Title to and to Take Possession of Low-Level Waste 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1996 1996 LLRWPAA ACTIONS -
y y NRC ACTIONS LLRWPAA MILESTONES NRC MILESTONES y A state unable to provide for disposal must y Issue summary of reguir. cry information on take title to and possession of its own waste storage (periodically revised).
waste, or must repay a portion of the sur-charge to generators, y A state unable to provide for disposal must take title to and possession of its own wiste.
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Implementation of Section 5(e)(1)(C) and (D) Concerning Determining the Completeness of Disposal Site Applications (Appendix A, p. A-6, 99 Stat. 1853, and Figure 8)
The LLRWPAA establishes specific dates by which a complete license application, as determined by the NRC or Agreement State, shall be filed for a low-level waste disposal facility. If a state or Compact Commission submits a license application to the NRC for a disposal facility, NRC must determine that the application is complete before the state or Compact can be found to be in compliance.
The NRC action resulting from this provision is to identify, well in advance of the specified dates, what it would consider to be a complete license application.
Approach To ensure that the NRC has sufficient time to determine the completeness of a license application by the 1990 or 1992 milestones, NRC staff must continue to develop guidance on the standard format and content of applications, and coor- i dinate with states or Compacts planning to site disposal facilities. Agreement l States may also be interested in timely guidance on the completeness of applica- i tions for the purpose of adopting NRC guidance under state law. Timely guidance !
and close monitoring of state and Compact needs for guidance on applications l would enable all affected parties to avoid uncertainties concerning the appli- I cability of penalty surcharges or need for actions to avert or prepare for loss l of access to currently operating facilities. ,
The NRC staff published in March 1986, the Notice of Availability of a draft i Branch Technical Position on the Standard Format and Content of License Applications for Near Surface Disposal of Radioactive Waste (see Appendix G).
This guide will be issued by the end of 1986 and will be modified to include alternatives to near-surface disposal by the end of 1987.
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Figure 8 Sections 5(e)(1)(C) and (D): Determining the Completeness of Disposal Site Applications 1986 1987 1908 1989 1990 1991 1992 LLRWPAA ACTIONS y y NRC ACTIONS LLRWPAA MILESTONES NRC MILESTONES Required dates for submittal of a y Issue draft Branch Technical Position:
license application. Standard Format and Content of License Applications for Near-Surface Olsposal of Radioactive Waste (3/86).
y Issue final Branch Technical Position.
y Issue modification of Branch Technical Post-tion covering alternative disposal methods.
17
Implementation of Section 5(e)(1)(E) Concerning Transmitting and Publishing State Certifications (Appendix A, p. A-6, 99 Stat. 1853, and Figure 9)
Section 5(e)(1)(C) directs that by January 1, 1990, an application for a license to operate a low-level waste disposal facility be filed, or the Governor of each affected non-sited state must certify that the state will provide disposal capacity after December 31, 1992. Under Section 5(e)(1)(E),
NRC must transmit any such certification to Congress and publish it in the Federal Register.
If the non-sited state or Compact Commission has relied on certification to meet the 1990 milestone, it must file a license application by the January 1, 1992, milestone. Under Section 5(e)(1)(D), NRC must determine that any such application filed with the NRC is complete.
If a state or Compact determines that it will not be able to submit a pomplete application, or if the NRC or cognizant Agreement State agency sees that it will probably be unable to find by January 1, 1990, that a submitted application is complete, the affected state Governors will have to provide a certification to meet the milestone.
Approach Because a Governor's certification will have to be determined to be sufficient for the purpose of meeting the 1990 milestone and levying penalties or paying rebates, Congress may ask NRC to comment on each such certification to assess whether the planned state actions described are likely to result in the timely licensing and development of adequate storage or disposal facility capacity.
The NRC may wish to determine in advance, as a policy matter, specifically what role it intends to take upon receipt of a certification and to prepare a guidance document identifying NRC's role, how certifications will be processed, and the criteria by which NRC will judge the adequacy of the certification.
NRC staff is considering a rulemaking effort to address these issues.
18
Figure 9 Section 5(e)(1)(E): Transmitting and Publishing State Certifications 1986 1987 1988 1989 1990 1991 LLRWPAA ACTIONS T NRC ACTIONS Y
LLRWPAA MILESTONES NRC MILESTONES y Unsited states or
/ Compacts must file license y Identify the extent of HRC actions, application written certification must be provided E the NRC that the state will y Identify procedures for submitting provide for the storage, disposal, or certifications.
management of its own waste, o
19
Implementation of Section 6(a) throuch (e) Concerning Granting Emergency Access
.(Appendix A, p. A-7, 99 Stat. 1855-1057, and Figure 10)
Section 6 authorizes the NRC to grant emergency access to any nonfederal low-level waste disposal facility, if necessary, to eliminate an immediate and serious threat to the public health and safety or to the common defense and security. Under Section 5(e)(2)(A)(ii), if certain prescribed actions have not been taken by a state, generators within that state may be denied access to the existing low-level waste disposal facilities beginning on January 1, 1987. The NRC may be requested to provide emergency access any time after that date.
Upon receipt of a request for emergency access, the NRC must determine within 45 days whether access is necessary and that the threat cannot be mitigated by any alternative consistent with the public health and safety. If NRC grants the ' request it must then designate an appropriate disposal facility or facili-ties to receive the waste. The LLRWPAA also provides for temporary access, extensions of access, reciprocal access, and approvals by the Compact Commissions.
Approach The following NRC actions directly follow from the LLRWPAA, and will be addressed by NRC in a rule:
(1) Identify any required certification or information that must be submitted with a request for emergency access.
(2) Establish the review procedure and the criteria that will be used to make the required determination within the 45 days provided in the LLRWPAA.
(3) Establish a procedure for designating a nonfederal site to receive the waste.
(4) Establish criteria for acting on requests for extensions of emergency access.
(5) Establish criteria for granting temporary emergency access.
In addition, to help ensure that generators and states understand at an early stage that the requirements for emergency access will be stiff, the NRC staff
- has developed a Notice of Intent to Promulgate Regulations and has recommended that the NRC publish it in the Federal Roulster to alert the public to these plans.
There are a number of states and generators that might request emergency access.
The Office of State Programs, in coordination with the Regional State Liaison Officers and the Division of Waste Management, Office of Nuclear Material, Safety, and Safeguards, will continuously monitor progress being made by the states to reach the various milestones. Accordingly, NRC will try to identify those states and generators, that might request emergency access so as to be better prepared to receive the state's request for emergency access.
20
Figure 10 Section 6(a) through (e): Granting Emergency Access 1986 1987 1988 1933 1990 1991 LLRWPAA y p p-ACTIONS NRC ACTIONS W T T LLRWPAA MIIESTONES NRC MitESTONES y Trigger dates for denying access to y Issue Notice of Intent To Promulgate existing sites: Regulations.
1/1/87 - Sec. 5(e)(2)(A)(li) y Publish Proposed Rule in Federal Register 1/1/89 - Sec. 5(e)(2)(B)(ll) (subject to change after review of status of 1/1/90 - Sec. 5(e)(2)(C) states regading July 1, 1986, milestone period).
y Issue Final Rule, t
21
Implementation of Section 7 Concerning 00E's Annual Report to Congress (Appendix A, p. A-9, 99 Stat. 1858, and Figure 11)
Section 7(a)(1) requires DOE to provide technical assistance to those states and Compacts requiring it to carry out the LLRWPAA. This assistance is to include, among other things, technical guidelines for site selection, alterna-tive disposal technologies, volume reduction options, health and safety con-siderations in the storage, shipment, and disposal of low-level waste, and the establishment of a computerized data base. Financial assistance is also to be provided through fiscal year 1993 under Section 7(a)(2).
Section 7(b) requires the Secretary to prepare and submit to Congress an annual report which, among other things, is to: summarize the progress of siting and licensing activities in each Compact region; review available volume reduction technologies and their applications, effectiveness, and costs; review interim storage requirements, usage, and costs; summarize intra- and interregional transportation requirements; and project interim storage and final disposal volume requirements in each region for each upcoming year.
No NRC actions are specifically required.
Approach NRC will provide DOE with timely information detailing NRC's licensing activi-ties. In addition NRC will provide information on the volume reduction, storage, transportation, and disposal requirements and practices of its licensees for the DOE annual reports. 00E will probably also be interested in obtaining informa-tion from NRC in order to provide reliable technical assistance to states and Compacts, particularly on such subjects as alternative disposal methods, manage-ment techniques, transportation practices, and health and safety considerations for storage, shipment, and disposal. NRC will participate in the development of DOE's computerized data base on low-level waste management, and will have a continuing interest in the accuracy and currency of the data. Given the two agencies' mutual interest in cooperation for accurate and up-to-date information, NRC will have to exercise care to ensure that this interest does not compromise the arm's-length relationship NRC will need to maintain with DOE as a prospective licensee.
22
Figure 11 Section 7: DOE's Annual Report to Congress 1985 1998 1907 1980 1909 1900 1901 1992 1983 1994 1996 1998
- ACT ONS W WW W NRC ACTIONS ,
LLRWPAA MILESTONES NRC MILESTONES k Annual Report to Congress. No specific milestones.
i i
4 I
l l
1 l
4 i
l 23
Implementation of Section 8 Concerning Alternative Disposal Methods (Appendix A, p. A-9, 99 Stat. 1858, and Figure 12)
S:ction 8(a) of the LLRWPAA requires that:
Not later than 12 months after the date of enactment of the Low-Level Radioactive Waste Policy Amendments Act of 1985, the Nuclear Regulatory Commission shall, in consultation with the States and other interested persons, identify methods for the disposal of low-level radioactive waste other than shallow land burial, and establish and publish technical guidance regarding licensing of facilities that use such methods.
Further, Section 8(b) of the LLRWPAA requires that within 24 months of enactment, again in consultation with states and other interested persons, the NRC it, to identify and publish "all relevant technical information" that an interested state or Compact must provide to NRC on these alternative methods, and the tech-nical requirements they must meet. Any further requirements or guidance in addition to 10 CFR 61 are to be specified and published in a manner deemed appropriate by the NRC.
Approach On March 6, 1986, the staff issued a draft Branch Technical Position on Licensing of Alternative Methods of Disposal for Low-Level Radioactive Waste (see Appendix F).
This position identifies what the staff considers to be the principal alterna-tive disposal technologies and solicits states, Compacts, and other interested parties to identify any additional disposal methods. Following a 60-day com-ment period, the NRC staff will analyze the comments received, and develop and issue a revised list of the identified alternative disposal concepts along with a revised Branch Technical Position. This Technical Position will be conformed to either a Regulatory Guide or NRC Commission Policy Statement, depending on the final nature of its contents and message. This task will be completed within the 12-month timeframe.
While analyzing comments on the staff regulatory position on alternative methods of disposal, the staff will develop a schedule for two to four regional work-shops. The purpose of these regional workshops is for states, Compacts, and interested parties to assist NRC to develop technical guidance on and require-ments for identified disposal concepts. The discussions and conclusions of each workshop will be documented and made available to the public.
l l
l 24 L
Figure 12 Section 8: Altemative Disposal Methods 1906 ISOS 1987 1988 1989 1990 1991 1992 1993 LLRWPAA ACTIONS p p NRC ACTIONS tlRWPAA MILESTONES NRC MILESTONES T NRC must, in consultation with states and y Draft Branch Technical Position issued in other parties, identify and issue technical Federal Register.
licensing guidance.
y Regional workshops held (4).
y NRC must, in consultation with states and other parties, issue technical requirements y identify alternatives and issue technical and application content guidarice, guidance (final Branch Technical Position).
y Develop additional technical requirements if required. Issue License Application Format and Content Guide revisions adding alternatives to shallow land burial: Issue modification to license review plan that covers alternatives to shallow land burial, i
l 25 1
t
Implementation of Section 9 Concerning Establishment of a License Review Capability (Appendix A, p. A-9, 99 Stat. 1859, and Figure 13)
Section 9 of the LLRWPAA requires that the NRC and Agreement States consider a disposal facilit.y license application in accordance with applicable law, except that they are to:
(1) Establish procedures and develop the technical capability for processing applications by January 1987, and (2) To the extent practicable, complete all review and processing activities, except for the public hearing, within 15 months of receipt of the application.
Further, Section 9(3) of the LLRWPAA requires that to the extent practicable, NRC and the Agreement States, as appropriate, shall consolidate all required technical and environmental reviews and public hearings associated with the licensing of a low-level waste disposal facility.
Approach NRC's responsibility for establishing procedures and developing technical capabilities for processing licensing applications within 15 months of receipt of the application will be accomplished by developing Standard Review Plans defining the technical reviews required for processing a license application.
With the use of such Standard Review Plans and proper training of the staff,
! NRC will be able to process a license application within 15 months of receipt, t
The NRC will offer technical assistance to the Agreement States to achieve objectives of the LLRWPAA. The responsibility for meeting the objectives of the LLRWPAA rests with the Agreement States.
l t
4 l
1 i
26 1
i
Figure 13 Section 9: Establishment of a License Review Capability 1985 1986 1957 1988 1900 1980 1901 1982 1993 ACT ONS NRC ACTIONS LLRWPAA MILESTONES NRC MILESTONES y NRC (or Agreement State) must estab11sh y Draft Standard Review Plan for shallow land procedures and technical capability for burial available to states / Compacts, processing license applications, y Procedures and technical capability established y Develop technical requirements for alterna- for shallow land burial.
Lives to shallow land burial (Section 8(b)].
Submit license application to NRC or 7 Draft Standard Review Plan for alternatives to shallow land burial available to states /
Agreement State. Compacts, y Procedures and technical capability estabilshed for alternatives to shallow land burial.
27
j 1
l Implementation of Section 10 Concerning Radioactive Waste Below Regulatory Concern (Appendix A, p. A-9, 99 Stat. 1859, and Figure 14)
Section 10(a) of the LLRWPAA requires that by July 1986, the Commission shall establish standards and procedures, pursuant to existing authority, and develop the technical capability for con-sidering and acting upon petitions to exempt specific radioactive waste streams from regulation by the Commission due to the presence of radionuclides in such waste streams in sufficiently low concentra-tions or quantities as to be below regulatory concern.
The LLRWPAA further requires [Section 10(b)] that the NRC identify the informa-tion required to be submitted in support of such rulemaking petitions; and that the NRC make its determination in an expeditious manner.
Approach NRC's responsibilities under Section 10 will be met with two parallel efforts.
One effort will establish standards and procedures by July 1986 by means of a Commission Policy Statement and an accompanying staff implementation plan. A second effort will be to establish NRC's technical capability to act on rule-making petitions filed in response.
The policy statement and implementation plan will describe the information pe-titioners should file, the decision criteria the NRC will use, and the adminis-trative procedures the NRC will follow. As a practical matter, the primary information for justifying and supporting petitions must be supplied by the petitioner if the NRC is to act in an expeditious manner. A computer code, IMPACTS-BRC, based on completed work in NUREG/CR-3585, "De Minimis Waste Impacts Analysis Methodology," is an acceptable analytical approach. The concept of "below regulatory concern" may include restrictions on the method of disposal (e.g., acceptable if sent to a municipal landfill). Rulemaking will be limited to wastes common to multiple licensees. Individual licensee proposals will continue to be processed on a case-by-case basis under 10 CFR 20.302. The de-cision criteria will be based in part on international practices. The notice announcing the policy statement will include a statement that if there is a large demand for NRC action on petitions, the NRC will consider generic rule-making to provide a more efficient and effective means of accomplishing the provisions of Section 10.
Developing the technical capability involves two staff efforts. One is the de-velopment of a review plan or handbook. This document will cover project man-agement and will identify analytical tools, references, and the type of review needed. It will also describe the type of NRC documentation needed to process the petitions. The second effort involves testing NRC's in-house analytical evaluation capability by applying the document to one of two pending petitions for exempting waste streams. The petition frum the University of Utah (Docket No. PRM-20-14) asks to exempt additional waste forms containing carbon-14 cnd tritium to supplement the existing biomedical exemption in 10 CFR 20.306 and to exempt wastes containing radionuclides with short half-lives. The petition from the Edison Electric Institute and Utility Nuclear Waste Management Group 28
1 (Docket No. PRM-20-15) asks to exempt waste oil from nuclear power plants. By July 1986, the staff will provide the NRC Commission with a status report on staff capability and plans for using and maintaining the capability. .
/
Figure 14 Section 10: Radioactive Waste Below Regulatory Concern 1986 1986 1987 1988 1989 LLRWPAA ACTIONS y . ,/ j NRC ACTIONS LLRWPAA MILESTONES NRC MILESTONES .
y NRC Commission to establish standards and y NRC issues Policy Statement which estab$ishes procedures and technical capability for the required standards and procedures. Tech-acting on petitions to exempt specific nical capability also established. -
waste streams from NRC regulation (7/86).
y End public comment period on Policy Statement. ,
y Decision on whether to proceed with generic rulemaking.
y Begin generic rulemaking (if necessary).
y Complete generic rulemaking (if necessary).
29
_._._y
/
APPENDIX A LLRWPAA c _ _ _ _ . _ _ _ _ . _
h 99 STAT.1842 PUBUC LAW 99-240-JAN.15,1986 PUBUC LAW 99-240-JAN.15,1986 99 STAT.1843 Public Law 99-240 "(s) CourAcr ansumanow.-m term ' compact comm'asion' 99th Congress means the regional commission, committee, or board estab-lished in a canpact to administer such compact. ,
An Act "(6) CourACT neceow.-he term ' compact region
- means the I To anwnd tlw law-Iswl Radioactive Weste Poiry Act to knprow precedurve for the area consisting of all States that are members of a compact.
isnplenwntotu of compacta providing for the estabimhenent and operation of *(7) DisposA _-The term ' disposal' means the nent Jan.15.19s8- WPoeal khtwo fw low-lewl redennetiw waste, to grant the connent of isolation of low-leMI radioeClive waste rauantto reuguim-(H R.10R3] the Consre== to certain intmt.te camp ct en to--lewi radwactiw . te; and for menta established by the Nuclear latory Commismian "thw purpm under applicable lawn, or by an agreement State if such isola- 1 Be it enacted by the Senate and House of Representatites of the ited States ofAmerica in Congress assembled, 85nn YVserm *, when usal in relation to g,. level radioactive waste, means to produce low-level rdio-l ,,,,,,y gg TITLE I-IDW-LEVEL RADIOAC11VE WASTE POLICY AMENDMENTS ACT OF 1985 (N REVEL mAmeAcrWE WASTE.-b term
- low-level radioactive waste
- means radioactive material that-We te Pohey i Anwndnunta "(A) is not high-level radioactive waste, spent nuclear SEC let SHORT Tlu fuel, or byproduct material (as defined in section lle.(2) of
! 7p*$'g3 the Atomic Energy Act of 1954 (42 US.C 2014(el(2)W, and not This Title may be cited as the " Low-Invel Radioactive Waste Policy Amendments Act of 1985. "(B) the Nuclear Regulatory Commission, consistent with existing law and in +- u '- = with paragraph (A), classi-SECS 102. AhlENDhlENT TO THg ISW-l.EVEL RADIOACTIVE WASTE Pol.lCY 6es as low-level radioactive waste.
ACT. "(10) Now-strue cxuseACT macaow.-De term 'noneited com-42 Usc %e Iow.Invel Radioactive Waste Policy Act (42 U.SC. 2021b et Pact rgrion* means any compact segion that is not a sited 8"I.)is amended by striking out sections 1,2,3, and 4 and inserting compact rettion.
E@3d' ~
in heu thereof the following- "(11) RecIoNAL DIsros4L FACItJTV. *Ille term 'reqponaI dio-posal facil ty' means a non-Federal low-level radioactive waste 42 USC 2021b "SECTION L SHORTM dispoemt facility m operation on January 1,1985, or subne.
> . nee. ,'Th,s Act may be cited as the hw-Isvel Radioactive Waste _ quently established and operated under a ampact.
i i H Policy Act'. "tl2) SocarrAaY.-The term ' Secretary' means the Secretary 42 USc 2021b. -src. 2. DEFINITIONS. .g . ,* -
"For purposes of this Act: means a compact region in which there is located one the Wa*iasta=
N"*d"
"(1) AcassuawT STATE.-The term ' agreement State
- means a responal disposal facilities at Barnwell, in the State of South State that- Carolina; Richland, in the State of Washington; or Beatty, in
"(A) has entered into an agreement with the Nuclear the State of Nevada.
Regulatory Commission under section 274 of the Atomic "(14)STAVR 'I1'e term ' State' means any State of the United Energy Act of l954 (42 U.S.C. 2021), end Staten, the District of Columbia, and the Commonwealth of
"(B) has authority to regulate the disposal of low-level Puerto Rico.
radioactive waste under such agreement. .sgc,3, pggpOMslaumEs rom DISPOSAL OF IAW-LEVEL RAD 60 ACTIVE 42 USC 2021c.
e'(2) AtmCATION.~%e term ' allocation
- means the assign- WA5TE.
ment of a specific amount of low-level radioactive waste dispanni h State shall ,be capacity to a m.....uckl nuclear power reactor for which acceam MsPonsible N 3am 5 for provm, ATE RasrowsinsuTiss.-Escang, either by itself or m coo is required to be ided by sited States subject to the condi.
tions specified u ether States, for the disposal of-this Act. "(A) low-level radioactive waste generated with,m the State "L3) ComusaCIAL NUC12AR POWER mRACIOn.- De term tother than by the Federal Government) that consista of,or
' commercial nuclear power reactor
- means any unit of a civilian entains class A, B, or C radioact M waste as Mined by eon light-water moderated utilization facility required to be licensed d title 10. Code d Nat Regulations, as in M on under section 103 or 104b. of the Atomic Energy Act of 1954 (42 January 26,1983; U.S.C. 2133 or 2134(b)). *# " *
"(4) CowPACT.-The term ' compact' means a compset entered that is generated by the Federal Government except such waste into by two or more States pursuant to this Act. , that is-
"til owned or generated by the Department of Energy;
"(ii) owned or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy;or 4
J 99 STAT.1844 PUBLIC LAW 99-240-JAN.15,1986 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1845 l
R=a gy "(iii) owned or generated as a result of any reaearch, development, testing, or production of any atomic weapon; "tF) an identification of any statutory authority required for disposal of such waste.
ar.d "(4) The Sec-etary may not dispose of any radioactive waste 1%hhison.
Report.
"(C) low-level radioactive weste described in subparagraphs designated a Faleral remonsibility pursuant to paragraph tbultD)
(A) and (B) that is generated outside of the SWe and ac::epted that twomes a Federal responsibility for the first time pursuant to g Pp.1846, for dispos,al an accordance with sections 5 or 6. such paragraph until ninety days after the report prepared pursu-
,'(2) No regional disposal facility may be required to accept for ant to paragraph (3) has been submitted to the Congress.
disposal any material-
- (A) that is not low-level radioactive waste as def~med by "SEC 8 RF6'""*8* anerA<Ts ses>a DisroRAI. OF LEDW-IIVEl. radio- 42 USC 2n2nd section 61.55 of title 10. Code of Federal Regulations, as in effect ANE ***
- on January 26,1983, or "(a) IN CENERAl.-
"(B) identified under the Formerly Utilised Sites Remedial "(1) FEDeaAt. poucv.-It is the policy of the Federal Govern-Action Program. ment that the responsibilities of the States under section 3 for A=ce. , in41 Nothing in this paragraph shall be deemed to prohibit a State, the disposal of low-level radioactive waste can be most safely subject to the provisions of its compact, or a compact region from and effectively managed on a regional basis.
acceptmg for disposal any material identified in subparagraph (A) or "(2) INTERSTATE coMrAcm.-To carry out the policy set forth in paragraph (1), the States may enter into such compacts as (B,);(bXI)'the Federal Government shall be responsible for the dis- may be necessary to provide for the establishment and oper-posal of- ation of regional disposal facilities for low-level radioactive
"(A) low-level radioactive waste owned or generated by the waste.
"(b) ArruCABluTY m FEDERAL ActiVmss.-
vessela Dep(artment
- B) low level of radioactive Energy; waste owned or generated by the "(lllN GENERAI.-
United States Navy as a result of the decommissioning of "(A) Activmss OF THE SECRETARY.-Except as provided in swhstion.
vessels of the Unit #d States Navy; subparagraph (B), no compact or action taken under a Rmerch and "(C) low. level radioactive waste owned or generated by the compact shall be applicable to the transportation, manage-dNioPnnt- Federal Government as a result of any research, development, ment, or disposal of any low-level radioactive waste des-testing, or production of any atomic weapon; and ignated in section 3(aulNBl(iMiii).
"(D) any other low-level radioactive waste with concentra. "(B) FEDERAL EDw-utVEL RAMoACTIVE WA!rrE DISPOSED OF p tions of radionuclidea that exceed the limite established by the AT NON-FEDERAL FACIUTIEs.-Low-Ievel radioactive waste
- Commission for class C radioactive waste, as defined by section owned N 61.55 of title 10, Code of Federal Regulations, as in effect on disposedoro fenerated at a regionalbydisposal the Federal facility Government cr non-Federalthat is January 26,1983. disposal facility within a State that is not a member of a th. ,'(2) All radioactive waste designated a Federal responsibility compact shall be subject to the same conditions, regula-F pursuant to subparagraph (bXIXD) that resulta from activities h- tions, requiremente, fees, taxes, and surcharges imposed by censed by the Nuclear Regulatory Commission under the Atomic the compact commission, and by the State in which such 42 use 2011 Energy Act of 1954, as amended, shall be disposed of in a facility facility is located, in the same manner and to the same
"*'* li. censed by the Nuclear Regulatory Commission that the Commis- extent as any low-level radioactive waste not generated by the FederalGovernment.
smn determines is adequate to protect the Dublic health and safety.
Report. (3) Not later than 12 months after the date of enactment of this "(2) FEDERAL IDw-1.EVEL RADIOACrIVE WASTE DesposAL FACIU- Prohibiten.
Act, the Secretary shall submit to the Congress a comprehensive Tiss.-Any low-level radioactive waste disposal facility estab.
report setting forth the recommendations of the Secretary for ensur- lished or operated exclusively for the disposal of low-level mg the safe disposal of all radioactive waste des' ted a Federal radioactive waste owned or generated by the Federal Govern-responsibility pursuant to subparagraph (bMIXD). h report shall ment shall not be subject to any compact or any actiora taken include- under a compact.
"(3) Erruer OF G)MPACm ON FEDERAL law.-Nothing con- Proh st m
. "(A) an identification of the radioactive waste involved, meludm, tained in this Act or any compact may be construed to confer g the source of such waste, and the volume, concentra-tion, and other relevant characteristics of such waste; any new authority on any compact commission or State-
"(B) en identification of the Federal and non-Federal options "(A) to regulate the packaging, generation. treatment, Tran.satation.
for disposal of such radioactive waste; storage, disposal, or transportation of low-level radioactive Rnulation.
."(C) a description of the actions proposed to ensure the safe waste in a manner incompatible with the regulations of the osal of such radioactive waste; Nuclear Regulatory Commission or inconsistent with the disp * (D) a description of the projected costa of undertaking such lations of the Department of Transportation; actions; T(B1 to regulate health, safety, or environmental hazards IIc.ith.
"(E) an identification of the options for ensuring that the from source material, byproduct material, or special nu- Sap"*"" '
beneficiaries of the activities resulting in the generation of such clear material; radioactive wastes bear all reasonable costs of disposing of such "(C) to inspect the facilities of licensees of the Nuclear wastes; and Regulatory Commission;
99 STAT.1846 PUBLIC LAW 99-240-JAN.15,1986 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1847 G"'=nt "(D) to inspect security areas or oDer.ations at the site of referred to in paragraphs (1) through (3) of subsection (b)
- and the generation of any low-level radioactive waste by the and located in the sited compact region in which such waste g,%
Federal Government, or to inspect classified information is generated.
related to such areas or operations; or (B) Any State in which a regional d~ l facility
"(E) to require indemnification pursuant to the provisions referred to in paragraphs (1) through (3) of su ion (b) is of chapter 171 of title 28, United States Code (commonly located may, subject to the provisions of its compact, pro.
2s use 2s7 ,e referred to as the Federal Tort Claims Act), or section 170.of hibit the disposal at such facility of low-level radioactive "4 the Atomic Ecerzy Act of 1954 (42 U.S C. 2210)(commonly
~
waste generated outside of the compact region if the dis-referred to as the Price-Anderson Act), whichever is pesal of such waste in any given calendar year, together applicable. with all other low-level radioactive waste disposed of at Prohibition. *(4) FEDERAL AUTHotlTY.-Except as expressly provided in such facility within that same calendar year, would result this Act, nothing contained in this Act or any compact may be in that facility disposing of a total annual volume of low-construed to limit the applicability of any Federal law or to level radioective waste in excess of 100 per centu n of the diminish or otherwise impair the jurisdiction of any Federal average annual volume for such facility designated in agency, or to alter, amend, or otherwise affect any Federal law subsection (b)- hocided, houwer. That in the event that all I facilitica referred to governmg the judicial review of any action taken pursuant to three States in which regional d' compact. in paragraphs (1) through (3)of ou ' (b)act to prohibit Prohibition. any*(5) SrATE AUTHoRrrY PRasERVED.-Except as expressly pro, the disposal of low-level radioactive waste pursuant to this vided in this Act, nothing contained in this Act expands, dimin. subparagraph, each such State shall, in accordance with ishes, or otherwise affecta State law. any applicable procedures of its compact, permit, as nec-Prohibitson. "(c) RusrRicrED UsE or RacIONAL Dueros4L FActu?rss.-Any essary, the dispeaal of additional quantities of such waste in authority in a compact to restrict the use of the regional disposal increments of 10 per centum of the average annual volume facilities under the compdct to the disposal of low-level radioactive for each such facility designated in subsection (b).
waste generated within the compact region shall not take effect "(C) Nothing in this paragraph shall uire any disposal Prohibition.
before each of the following occurs: facility or State referred to in paragra (1) th (3) of
"(1) January 1,1986; and subsection (b) to accept for disposal -level ioactive
- (2) the Congress by law consents to the compact. waste in excess of the total amounta designated in subsee-y ,(d) CoNonasslONAL Review.-Esch compact shall provide that . tion (b).
"(4) CassATeoM or orERATION Or tow-tEVEL RAD 00 ACTIVE Prohibition.
w every 5 years after the compact has taken effect the Congress may by law withdraw its conserit. waste DeseosAL rAc1UTY.-No provision of this section shall be u usc 20ne. construed to obligate any State referred to in paragraphs (1)
- sEc s. t.insITED AVAll.ARBUTY OF CERTAIN REGIONAL. DISrOMAl, through (3) of subnection (b) to accept low-level radioactive FACILITIES Dt* RING TRANSITION AND I ICENSING PERIODS- waste from any source in the event that the regional disposal
"(a) AVAIMalu?Y Or DisconALCArACITY.- facility located in such State ceases operations.
~
"(1) PasasuRazRD-WATER AND soluMG ' WATER REACTORS.- "(b) LIn8ITATioNs.-The availability of disposal capacity for low-During the seven-year period beginning January 1,1986 and level radioactive waste from any source shall be subject to the ending December 31,1992, subject to the provisions of subsec.
following limitations:
tions (b) through (g), each State in which there is located a "(1) BARNwEtA SOUTH CARoIJNA.-The State of South Caro.
regional disposal facility referred to in regraphs (1) th h lina, in accordance with the provisions ofits compact, may limit (3) of subsection (b) shall make disposeFespecity availab or the volume of low-level radioactive waste accepted for disposal low-level radioactive waste generated by pressurued water and at the regional disposal facility located at riernwell. South boihng water commercial nuclear power reactors in accordance Carolina to a total of 8,400,000 cubic feet of low-level radioactive with the allocations established in subsecticn (c). waste during the 7-year period beginning January 1,1986, and
"(2) OrHER sovRCus or tow-LEVEL RADIOACrIVE WArrE.- ending December 31,1992 (as based on an average annual During the seven-year period beginning January 1,1986 and volume of 1,200,000 cubic feet of low-level radioactive wastel.
endmg December 31,1992, subject to the provisions of subsec. "(2) RienuMD, WASHINGTON.-The State of Washington, in tions (b) through (g), each State in which there is located a accordance with the provisions of its compact, may limit the regional disposal facility referred to in regraphs (1) th h volume of low-level radioactive waste accepted for dispnsal at (3) of subacetion (b) shall make disposa capacity availabi or the regional disposal facility located at Richland, Washington to low-level radioactive waste generated by any source not referred a total of 9,800,000 cubic feet of low-level radioactive waste to in paragraph (1). during the 7-year period beginning January 1,1986, and ending
"(3) AtJACATION Or Disposal CArACITY.- December 31,1992 fas based on an average annual volu:ae of
"(A) During the seven-year period beginning January 1* 1,400.000 cubic feet or low-level radioactive waste).
1986 and ending December 31,1992, low-level radioactiv "(3) HEATrY, NEVADA.-The State of Nevada, in accordance waste generated within a sited compact region shall be with the provisions of its compact, may limit the volume of low-accorded priority under this section in the allocation of level radioactive waste accepted for disposal at the regional available disposal capacity at a regional disposal facility disposal facility located at Beatty, Nevada to a total of 1,400,000
99 STAT.1848 PUBLIC LAW 99-240-JAN.15,1986 PUBLIC LAW 99-240-JAN.15,1986 99 STAT,1849 cubic feet oflow-level radioactive waste during the 7-year period paragraph is required to permit unusual or unexpected beginning January 1,1986, and ending December 31,1992 (as operating, maintenance, repair or safety activities.
based on an average annual volume of 200,000 cubic feet of low- "(B) The Secretary may not make allocations pursuant to rmhhten.
level radioactive waste).
"Ic)CouwEaCIAI.NUcIEAa Pows RsACfon AnocATroNs.- subparagrfph disposal o more (A) thanthat would result in the acceptance for800,000 cubic feet
"(1) AMOUNT.-Subject to the provisions of subsections (a) active waste or would result in the total of the allocations through (g) each commercial nuclear power reactor shall upon made pursuant to this subsection exceeding 11.900,000 cuhic request rewive an allocation of low-level radioactive waste feet over the entire seven-year interim access period.
dist.usal capacity (in cubic feet) at the facilitica referred to in "(6) LIMITATION.-During the seven-year interim access Prohhten.
subsection (b) during the 4-year transition period beginning period referred to in subsection (a), the disposal facilities January 1,1986, and ending De.cember 31,1989, and during the referred to in subsection (b) shall not be required to accept more 3-year licensing period beginning January 1,1990, and erding than 11,900,000 cubic feet of low-level radioactive waste gen-December 31,1992, in an amount calculated by multiplying the ersted by commercial nuclear power reactors. .
appropriate number from the following table by the number of "(dNI) SUnCHARGEs.-The disposal of any low-level radioact.ive months remaining in the applicable period as determined under waste under this section (other than low-level radioactive waste Panigraph (2). generated in a sited compact region) may be charged a surcharge by the State in which the applicable regional disposai facility is located, in addition to the fees and surcharges generally applicable for 4" Tm"*"" P*'iod wr hne rema disposal of low-level radioactive waste in the regional disposal facil-
~h T 3" F In Sited All Other In Seted All Other ity involved. Except as provided in subsection (eN2), such surcharges Prohhten.
H mon Imatens Hmon locations shall not exceed- .
"(A) in 1986 and 1987, $10 per cubic foot of low-level radio-g) $ $ $ 3) (BNn h88 and 1989, $20 per cubic foot of low-level radio-active waste; and
"(C) in 1990,1991, and 1992, 340 per cubic foot of low-level radioactive waste.
> "(2) K M OF CAIEULATroN.-For purposes of calculating "(2) Mir.mnONE INCENTIVEsm a the aggrgctAt amount of disposal capacity available to a "(A) EsCnoW AToUNT.-Twenty-five per centum of all sur.
A commercial nuclear power reactor under this subacction, the charge fees received by a State pursuant to paragraph (1) during number of months shall be computed beginning with the first the seven-year period referred to in subsection (a) shall be month of the applicable period, or the sixteenth month after transferred on a monthly basis to an escrow account held by the receipt of a full power operating license, whichever acurs later. Secretary. The Secretary shall deposit all funds received m, a
"(3) UNUSED AILOCATIONs.-Any unused allocation under special escrow account. The funds so deposited shall not be the paragraph (1) received by a reactor during the transition period property of the United States.The Secretary shall act as trustee or the licensing period may be used at any time after such for such funds and shall invest them in interest-bearing United reactor receives its full power license or after the beginning of States Government Securities with the highest available yie!d.
the pertinent period, whichever is later, but not in any event Such funas shall be held by the Secretary until-after December 31,1992, or after commencement of operation of "(i) paid or repaid in accordance with subparagraph (B) or a regional disposal facility in the compact region or State in (CF, or which such reactor is located, whichever occurs first. "tii) paid to the State collecting such fees .m accordance
"(4) Tn4NsrEaABIUTY.-Any commercial nuclear power reac- with subparagraph (F).
tor in a State or compact region that is in compliance with the "(B) PAYMENTsm requirements of sulwection (e) may assign any disposal capacity "(i) JULY 1,1988.-The twenty.five per centum of any allocated to it under this subsection to any other person in each amount collected by a State under paragraph (D for low-State or compact region. Such assignment may be for valuable level radioactive waste disponed of under this section during consideration and shall be in writing, copies of which shall be the period beginning on the date of enactment of the Low-filed at the affected compact commissions and States, along with level Radioactive Waste Policy Amendments Act of 1985 A re p.1842.
the assignor's unconditional written waiver of the disposal and ending June 30,1986, and transferred to the Secretary under subparagraph (A), shall be paid by the Secretary.m cap'(acity being VOLUMIS.-
- 5) UNUSUAL amigned- accordance with subparagraph (D) if the miles
"(A) The Secretary may, upon petition by the owner or scribed in subnection (eWlxA)is met by the State m, tone de-which operator of any commercial nuclear power reacter, allocate such waste originated.
to such reactor disposal capacity in excess of the amount atii) JANUARY 1,1988.-The twenty-five per centum of calculated under paragraph (1) if the Secretary finds and any amount collected by a State under paragraph (1) for states in writing his reasons for so finding that making low-level radioactive waste disposed of under this section adiitional capacity available for such reactor through this during the period beginning July 1.1986 and ending Decem-l
99 STAT.1850 PUBLIC LAW 99-240-JAN.15,1986 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1851 ber 31,1987, and transferred to the Secretary under such waste pursuant to clause (i), such State shall be paid such subparagraph (A), shall be paid by the Secretary in accord- amounts as are designated in subparagraph (B4iv). If a State ance with subparagraph (D) if the milestone described in (or, where applicable, a compact region) in which low-level subsection (eXI)lB)is met by the State in which such waste radioactive waate is generated provides for the disposal of such oripnated (or its compact region, where applicable). waste at any time after January 1,1993 and prior to January I,
- tiii) JANUAaY I,1990.-The twenty-five per centum of 1996, such State (or, where applicable, compact region) shall be any amount collected by a State under paragraph (D for paid in accordance with subparagraph (D) a lump sum amount low-level radioactive waste disposed of under this section equal to twenty-five per centum of any amount collected by a during the period beginning January 1.1988 and ending State under paragraph (D: Moeided Aouwer, That such pay-December 31,1989, and transferred to the Secretary under ment shall be adjusted to reflect the remaining number of subparagraph (A), shall be paid by the Secretarv in accord- months between January 1,1993 and January 1,1996 for which ance with subpara such State (or, where applicable, compact region) provides for subsection (eXI)(C)paph is met by(D)the if the milestone State in whichdescribed in such waste the disposal of such waste. If a State tor, where applicable, a oripnated (or its compact region, where applicable). compact region) in which low-level radioactive waste is gen-
- tiv)The twenty-five per centum of any amount collected erated is unable to provide for the disposal of all such waste by a State under paragraph (1) for low-level radioactive generated within such State or compact region by January 1, waste disposed of under this section during the period 1996, each State in which such waste is generated, upon the beginning January 1,1990 and endi December 31,1992, request of the generator or owner of the waste, shall take title and transferred to the Secretary u subparagrah (A), to the waste, be obligated to take possession of the waste, and shall be paid by the Secretary in accordance with subpara- shall be liable for all damages directly or indirectly incurred by graph (DI if, by January 1,1993, the State in which such such generator or owner as a consequence of the failure of the waste originated (or its compact region, where applicable) is State to take pomwion of the waste as soon after January 1, able to provide for ihe disposal of all low 4 level radioactive 1996, as the generator or owner notifies the State that the waste waste generated within such State or compact region- is available for shipment.
,'(C) FAII,URE TO MErr JANUARY 1,1993 DEAD JNE.-If, by *1D) RECIPIENTS OF PAYMEN1s.-The payments described in January 1.1993, a State (or, where applicable, a com, pact region) subparagraphs (B) and (C) shall be paid within thirty days after in which low-level radioactive waste is generated is unable to the applicable date-grovide for the disposal of all such waste generated within such Ni) if the State in which such waste originated is not a i "*'* ',r compact region- mber of a compact region, to such State; c.n '(i)each State in which such waste .is generated, upon the me,1ii) if the State in which such waste originated is a uest of the generator or owner of the waste, shall take tit e to the waste, shall be obligated to take possession of member of the compact region, to the compact commission the, waste ,and shall be liable for all damages directly or serving such State.
indirectly incurred by such generator or owner as a con- SEs oF PAYMEN1sm sequence of the failure of the State to take possession of the .'t El.U.tilLaMiratioNs.-Any amount paid under subpara-waste as soon after January 1,1993 as the generator or graphs,11)(Bl or (C) low-level may onlyradioactive be used to-waste disposal owner notifies the State that the waste is available for establish ment;or 1 t' ship (ii) if such State elects not to take title to, take pomes- fac..g'*8- rnitigate the impact of low. level radioactive sion of, and assume liability for such waste, pursuant to waste disposal facilities on the host State; clause (i), twenty-five per centum of any amount collected 1111) regulate low-level radioactive waste disposal by a State under paragraph, (1) for low-level radioactive ;
waste disposed of under this section during the period faci!l ensure the dec.ommiss.ioning, closure, and care beginning January 1,*1990 and ending December 31,1992 during the period of institutional contro3 or gow jevei shall be repaid, with interest, to each generator from whom radioactive waste disposal facilities.
such surcharge was collected. Repayments made pursuant ,,tiii REroRTs.-
to this clause shall be made on a monthly basis, with the '11) RECIr:ENT.-Any State or compact commission first such repayment beginning on February 1,1993, in an receiving a payment under subparagra amount equal to one thirty-sixth of the total amount re- shall, on December 31 of each year in ich wghs any(B) suchor (C) quired to be repaid pursuant to this clause, and shall funds are expended, submit a report to the Department continue until the State (or, where applicable, compact of Energy itemizmg any such expenditures.
region) in which such low-level radioactive waste is gen. *111) DEPARTMENT OF ENERGYmNot later than s, ,ix Reports.
ersted is able to provide for the disposal of all such waste months after receiving the reports under subclause (1),
generated within such State or compact region or until the Secretary shall submit to ,the Congress a summary January 1,1996, whichever is earlier. of all such reports that shall include an assessment ,of If a State m which low-level radioactive waste is generated the compliance of each such State or compact commis-elects to take title to, take possession of, and assume liability for sian with the requirements of clause til.
PUBLIC LAW 99-240-JAN.15,1986 99 STAT 185'l 99 STAT.1852 PUBLIC LAW 99-240-JAN.15,1986
- (F) PavurNT m er4Tus-Any amount collected by a State submission to the Nielear Regulatory Commission or under paragraph (1) that is placed in encrow under subpara.' an Agreement Siate.
graph (A) and not paid to a State or com commission under "(C) BY JANUARY i, .990.-
subparagraphs (B) and (C) or not repa' to a generator under- "(il a complete sppli<ation (as determined by the subparagraph (C) shall be paid from such encrow account to Nuclear Regulatory Ccmmission or the appropriate such State collecting such payment under paragraph (1). Such agency of an agreencent Staten shall be filed for a payment shall be made not later than 30 days after a deter- hcense to operate a low-level radioactive waste disposal mination of ineligibility for a refund is made. facility within each non-sited compact region or within Prohitntion. "(G) PENALTY sUaCHARCas.-No rebate shall be made under each non-member State; or this subsection of any surcharge or penalty surcharge paid "(ii) the Governor (or, for any State without a Gov-during a period of noncompliance with subsection (eX D. ernor, the chief executive officer) of any State that is
"(e) RequiarumMTs rom Acesas to RacIONAL DISPOSAL FACiu- nOt a member of a compact region in comphance with T Es.- Clause (i), or has not complied with such clause by its
"(D ReetnerusNTs rom NoN4rran courAcr nacioNs AND NoN- own actions, shall provide a written certification to the MEMsER STATES.-Each non4ited compact region, or State that Nuclear Regulatory Commission, that such State will is not a member of a compact region that does not have an be capable of providing for, and will provide for. the operating disposal facility, shall comply with the following storage, disposal, or management of any low-level requirements: radioactive waste generated within such State and
"(A) By July 1,1986, each such non-member State shall requiring disposal after December 31.1992, and include ratify compact legislation or, by the enactment of legisla- a description of the actions that will be taken to ensure tion or the certification of the Governor, indicate its intent that such capacity exists.
to develop a site for the location of a low-level radioactive "(D) By January 1,1992, a complete application (as deter-waste duponal facihty withm such State. mined by the Nuclear Regulatory Commission or the appro-(B) BY JANUARY 1,1988.- riate agency of an agreement State) shall be filed for a
,'h) each noneited compact region,shall identify the [icense to operate a low-level radioactive waste disposal State m,which its low-level radioactive waste das I facility within each non4ited compact region or within each facility is to be located, or shall have set the "be S
'y developer for such facility and the site to be developed, "#."([The Nuc ar Regulatory Commission shall transmit Federal Regin er, e cn and each, compact region or the State in, which ita low' any certification received under subparagraph tC) to the Pubhcation-level radioactive waste disposal facility is to be located Congress and publish any ruch certification in the Federal shall develop a siting plan for such facility providing g #
detailed procedures and a schedule for establishing a Any State may, subject to all applicable provisions,if contracts-facility location and preparing a facility license apphca- any, of any applicable com. pact, enter m* to an agreement tion and shall delegate authority to implement such with the compact commission of a region in which a re-plan. '
gional disposal facility is, located to provide for the disposal
"(iil each non-member State shall devel a siting of all low-level radioactive waste generated within such -
plan roviding detailed procedures and a ac ule for State, and, by virtue, of such agreement, may, with the estab inhing a facility location and preparing a facility approval of the State m which the regional disposal facility license application for a low-level radioactive waste is located, be deemed to be in comphance with subpara-disposal facility and shall delegate authority to imple- graphs ( A),(B), (C), and (D).
ment such plan; and
"(iii) The siting plan required pursuant to this para- "(2) PEN ALT Es FoR rAiLURE To coMrLY.- -
"(A) BY JUI,Y 1,1986.-If any State fails to comply w,th i graph shall include a description of the optimum way subparagraph (IXA)-
to attain operation of the low-level radioactive waste i i dis I facility involved within the time period speci- withm. anyregion
."di) such generator of low-level or non-member State rad,oact,ve shall, for the waste fi - in this Act. Such plan shall include a description of period beginning July 1,1986, and ending December 31.
the objectives and a sequence of deadlines for all enti- 1986, be charged 2 times the surcharge otherwise ties required to take action to implement such plan, applicable under subsection (d); and including, to the entent practicable, an identification of "(ii) on or after January 1,1987, any low-level radio-the activities in which a delay in the start, or comple- active waste generated within such region or non-tion, of such activities will cause a delay in beginning member State may be denied access to the regional facility operation. Such plan shall also identify, to the disposal facilities referred to m paragraphs (D through extent practicable, the process for (1) screening for (3) of subsection (bl.
broad siting areas; (2) identifying and evaluating spe.
cific candidate sites; and (3) characterizing the pre. "tB BY JANUARY 1, 1988.-If any non4ited compact ferred site (s), completing all necessary environmental region or non-member State fails to comply with paragraph assessments, and preparing a license application for (INBI-
99 STAT.1854 PUBIJC IAW 99-240-JAN.15,1986 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1855
"(i) any generator of low-level radioactive waste "(A) The States of South Carolina, Washington, and Nevada south Carolina.
within such region or non-member State shall- h
"(l) for the period beginni January 1,1988, may require information from disposal facility operators, (ma4asta.
and ending June 30,1988,be generators, intermediate handlers, and the Department of -
real 2 times the Energy that is reasonably necessary surcharge otherwise applicable under subsection of disposal capacity, the use andignment ass,to of monitor the avadability allocations and (dr, and the applicabihty of surcharges.
"(11) for the period beginning July 1 1988, and "(B) The States of South Carolina, Washington, and Nevada south carolina.
ending December 31,1988, be charged I times the surcharge otherwise applicable under subsection may, after written notice followed by a period of at least 30 { ash nata-to -
(dr, and days, deny access intermediate handlertowho dispoent fails tocapacity,de provi m,any generator formation under or
"(ii) on or after January 1,1989, any low-level radio- subparagraph (A).
active waste generated within such region or non- "(C) PROPRIETARY INFORMATION.-
member State may be denied access to the regional . "(i) Trade secwts, proprietary and other confidential disposal facilities referred to in paragraphs (1) through information shall be made available to a State under this
' (3)of subsection (b). subsection upon request only if such State- ,
"(C) BY JANUARY I, 1990.-If any nongited compact "(l) consents in writing to restrict the dissemmation, 4 region or non-member State fails to comply with paragraph of the information to those who are directly involved m (1)(C), any low-level radioactive waste generated within m nitoring under subparagraph (A) and ho have a such region or non-member State ma be denied access to need to know; the regional disposal facilities referre to in paragraphs (1) @ accepts HaMt h wrongM osu m a d through (3)of subsection (b). u(llD demonstrates t{at sucht informa@ ion is essential i "(D) BY JANUARY 1, 1992.-If any non-sited compact on or non-member State fails to comply with paragraph ugg y ,'s shall not be liable for the wrongful
( ), any generator of low-level radioactive waste within disclosure by any individual or State of any information such region or non-member State shall, for the period provided to such individual or State under this subsection.
beginning January I,1992 and ending upon the filing of the "(iii) Whenever any individual or State has obtained Proheition.
application described in paragraph (IND), he charged 3 possession of information under this subsection, the individ- Go=nment t mes the surcharge otherwise applicable under subsection ual shall be subject to the same provisicas of law with '
- y a Prohibium .
respect to the disclosure of such information as would apply to an ofTicer or emplo
[*['K""*'*"
nCand *"d o(3) DENIAL OF ACCESS.-No denial or suspension of access to a trade
- regional department or agency thce of the reof and the United States State shall or of any be subject the sourc, disposal facility under paragraph (2) may be based on to the same provisions of law with respect to the disclosure e, class, or type orlow-level radioactive waste.
M) RESTORATION OF SUSPENDED AOCons; FENALTIEs FOR Fall' of such information as would apply to the United States or URE 10 courLY.-Any access to a regional disposal facility that any department or agency thereof. No State or State officer is suspended under paragraph (2) shall be restored after the or employee who receives trade secreta, proprietary l
non-sited compact region or non-member State involved com- information, or other confidential information under this Term.maten.
phes with such requirement. Any payment of surcharge pen- Act may be required to disclose such information under alties pursuant to paragraph (2) for failure to comply with the State law.
requirements of subsection (e) shall be terminated after the non- "(g) NONDISCRIMINATION.-Except as provided in subsections (b) through (e), low-level radioactive waste disposed of under this sec-sited compact region or non-member State involved complies with such requirements. tion shall be subject without discrimination to all applicable legal
,*(fMI) ADu NisrRAriON.-Each State and compact commission in requirements of the compact region and State in which the disposal which a regional disposal facility referred to in paragraphs (1) facility is located as if such low-level radioactive waste were gen-ersted within such compact region.
through (3) of subsection (b)is located shall have authority-
"(A) to, monitor compliance with the limitations, allocations. umumm mm 42 m 2n2n and requirements established in this section; and "(a) IN GENERAL.-The Nuclear Regulatory Commission may ticatik
"(B) to deny access to any non-Federal low-level radioactive Safe'r waste disposal facilities within its borders to any low-level p'ederal disposal facility within a State that is not a member of aant radioactive waste that-r E gemergency
- "d access to compact for specific low-level radioactive waste, if necessary to ,,mney
"(i) isininthis lished excess section;orof the limitations or allocatans estab- eliminate an immediate and rerious threat to the public health and
"(ii) is not required to be accepted due to the failure of a safety or the common defense and security. The procedure for granting emergency access shall be as provided in this section.
compact region or State to comply with the requirements of "(b) MrquEsr roR EwERcENCY Access.-Any generator of 1,ow-level subsection (e)(ll. radioactive waste, or any Governor (or, for any State without a e
"(2) AVAIIAaIIJTY OF INFORMATIoN DURING INTERIM Amans PERIOD.- Governor, the chief executive officer of the States on behalf of any generator or generators located in his or her State, may request that
99 STAT.1856 PUBLIC LAW 99-240-JAN.15,1986 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1857 the Nuclear Regulatory Commission grant emergency access to a level rad.ioactive waste granted emergency access and the State m, regional disposal facility or a r.on-Federal disposal facility within a which such low-level radioactive waste was generated have dili-State that is not a member of a compact for specific low-level radioactive waste. Any such request shall contain any information gently though unsuccessfully acted durind the period of the initial and certifications the Nuclear Regulatory Commission may require. grant to eliminate the need for emergency access. Any extension
"(c) Durrau NAT1oM OF NUC12Aa Rscun.Amar Commission.- granted under this subacetion shall be for the minimum volume and licolth. duration the Nuclear Regulatory Commission finds necessary to safety. "(1) Requinto OETrau NAnoN.-Not.later than 45 days after perene and receiving a request under subsection (b), the Nuclear Regu- eliminate the immediate threat to public health and safety or the Z ",") latory " Commission shall determine whether- common defense and security, and shall not in any event exceed 180 (A) emergency access is necessary because of an imme- days.
diate and serious threat to the public health and safety or "tD REcrPRocAL ACCESS.-Any compact region or State not a and member of a compact that provides eme gency access to non-Federal the common
"(B) defense the threat cannotand besecurity;igated mit by any alternative disposal facilities within its borders shall be entitled to reciprocal consistent with the public health and safety, includmg access to any subsequently operating non-Federal disposal facility storage of low-level radioactive waste at the site of genera- that serves the State or compact region in which low-level radio-tion or m a storage facility obtaining access to a disposal active waste granted emergency access was generated. The compact facility by voluntary agreement, purchasmg disposal capac- commission or State having authority to approve importation of low-Ante.p 146 sty available for assignment pursuant to sectson 5(c) or level radioactive waste to the dispusal facility to which emergency ceasing activities that generate low-level radioactive waste. access was granted shall designate for reciprocal access an equal
"(2) ,REQUIREo N&rmCAnoN.-If the Nuclear Regulato volume of low-level radioactive waste having similar characteristics Commission makes the,determmations required in paragrep to that provided emergency access.
(1) m the affirmative, it shall designate an a propriate non-Federal disposal facility or facilities, and noti y the Governor "(g) Ar.rRoVAL BY COMPACT CoMM SSloN.-AnY grant of access under this section shall be submitted to the compact commission for (or chief executive officer) of the State in which such facility is the region in which the designated disposal facility is located for located and the appropriate compact commission that emer- such approval as may be required under the terms of its compact.
gency access is required. Such notification shall specifically Any such compact commission slaill act to approve emergency describe the low-level radioactive waste as to source, physical and radiological characteristics, and the minimum volume and access not later than 15 days after receiving notification from the duration, not exceeding 180 days, necesary to alleviate the Nuclear Regulatory Commission, or reciprocal access not later than immediate threat to public health and safety or the common 15 days after receiving notification from the appropriate authority
> defense and security. The Nuclear Regulatory Commission shall under subsection (O.
i Prohibitum 00 also notify the Governor (or chief executive officer) of the State "th) trurrAnoNs.-No State shall be required to provide emer- Proh Intions in which the low-level radioactive waste requiring emergency gency or reciprocal access to any regional disposal facility within its access was generated that emergency access has been granted borders for low-level radioactive waste not meeting criteria estab-and that, pursuant to subsection (e), no extension of emergency lished by the license or license agreement of such facility, or in access may be granted absent diligent State action during the excess of the approved capacity of such facility, or to delay the period of the initial grant. closing of any such facility pursuant to plans established before Ifealth "(d) TEMPORARY EwERcENew Awnse.-Upon determining that receiving a request for emergency or reciprocal access. No State g';ty- *g emergency access is necessary because of an immediate and serious shall, during any 12-month period, be required to provide emergency natmn51
" threat to the public health and safety or the common defense and or reciprocal access to any regional disposal facility within its
,,. cur a y security, the Nuclear Regulatory Commission may at its discretion borders for more than 20 percent of the total volume of low-level grant temporary emergency access, pendmg its determmation radioactive waste accepted for disposal at such facility during the whether the threat could be m,tigated i by any alternative consistent previous calendar year.
with the public health and safety. In grantm, g accens under this "(i) Vol.umE REnocnoN ANo SURCHARcES.-Any low-level radio-subsection, the Nuclear Regulatory Commission shall provi.de the active waste delivered for disposal under this section shall be re-same notification,and information required under subsection (c). duced in volume to the maximum extent practicable and shall be Abnent a determmation that no alternative consistent with the subject to surcharges established in this Act.
public health and safety would mitigate the threat, accem granted FRou AuDCAnoN.-Any volume of low-level under this subsection shall expire 45 days after the granting of @D radioact.EoucnoNive waste granted emergency or reciprocal access under this temporary emergency access under this subnection. section, if generated by any commercial nuclear power reactor, shall ticalth. "te) EXTENSION or EMERcENcv Acenas -The Nuclear Regulatory krety Commission may grant one extension of emergency access beyond be deducted from the low-level radioactive waste volume allocable ikfen ,and under section Sci. A= c. p ist4s
"' the period providea in subsection (c), if it determines that emergency access continues to be necessary because of an immediate and "(k) AcRrEMENT STATES.-Any agreement under section 274 of the Prohitation.
nUu "ty serious threat to the public health and safety or the common defense Atomic Energy Act of 1954 (42 U.S.C. 20216 shall not be applicable to and security that cannot be mitigated by any alternative consistent the determinations of the Nuclear Regulatory Commission under with the public health and safety, and that the generator of low- this section.
__ _ . _ _ _ _ _ _ - - - _ _ _ _ _ _ _ _ _ - - - . . -~ -
99 STAT 1858 PUBLIC LAW 99-240-JAN.15,1986 PUBLIC LAW 99-240,IAN,15,1986 99 STAT.1859 42 Usc 2021g. "sEC t. uiEsPONsmit Tiss Or THE DEPARTMENT OF ENEaGY. Bion shall specify and publish such requirements in a manner and
"(a) FINANCIAL AND TaCHNICAL AssisrANes.-The Secretary shall, I rm deemed appropriate by the Commission.
i to the extent provided in appropriations Act, provide to those com- "SEC1IJCENSING REVIEW AND APPItOVAI. 42 USC 2021L pact regions, host States, and nonmember States detemined by the "In order to ensure the timely development of new low-level Decretary to require assistance for purposes of carrying out this Act- radioactive waste disposal facilities, the Nuclear Regulatory Commission or, as appropriate, agreement States, shall consider an science and "(1) continuing technical assistance to assist them in fulfilling application for a disposal facility license in accordance with *he laws technokay their responsibilities under this Act. Such technical assistance applicable to such application, except that the Commission and the 1
M"'"***.
s r,tyf shall include, but not be limited to, technical guideline s for site selection, alternative technologies for low-level radioactive agreement state shall-i waste disposal, volume reduction options, menagement tech- "it) not later than 12 months after the date of enactment of the Iow-I* vel Radioactive Waste Poh'ey Amendments Act of I
niques to reduce low-level waste generation, transportation 1985, establish procedures and develop the technical capsbility Asse.p.1842.
practices for shipment of low-level wastes, health and safety for processing applications for such licenses;
- considerations in the storage, shipment and disposal of low-level "u) to the extent practicable, complete all activities associ-radioactive wastes, and establishment of a computerized data- ated with the review and processing of any application for such base to monitor the management of low-level radioactive a license (except for pubhc hearings) no later than 15 months wastes; and after the date of receipt of such application; and
"(2) through the end of fiscal year 1993, financial assistance to "(3) to the extent practicable, consolidate all required tech-assist them in fulfilling their responsibilities under this Act. nical and environmental reviews and public hearings.
schnee and *(b) Recon 13.-The Secretary shall prepare and submit to the technology. Congress on an annual basis a report which (1) summarizes the .'SEC is. RADIOACTIVE WASTE BEIEW REGt'LATORY CONCERN, Tramportation.
progress of low-level waste dieposal siting and licensing activities "(a) Not later than 6 months afler the date of enactment or the within each compact s%gion,(2) reviews the available volume reduc- I4*-I* vel Radioactive Waste Policy Amendments Act of 1985, the tion technologies, their applications, effectiveness, and costs on a per Commission shall establish standards and procedures, pursuant to unit volume basis,(3) reviews interim storage facility requirements, existmg authority, and develop the technical capability for, consider-costs, and ussge, (4) summarises transportation requirements for mg and actmg upon petitions to exempt specific radioactive waste such wastes on an inter- and intra-regional basis,(5) summarises the streams from regulation by the Commission d,ue to the presence of i
- > data on the total amount of low-level waste shipped for disposal on a radionuclides m such waste streams m sufficiently low concentra-4 yearly basis, the proportion of such wastes, subjected to volume tion o a it to be be ow reduction, the average volume reduction attamed, and the ,propor-tion of wastes stored on an interim basis, and (6) projects the interim (ursuant to subsection (a) shall setbyforth all information required to storage and final disposal volume requirements anticipated for the submitted to the Commission licensees in support of such followmg year. on a regional basis. petitions,includi but not limited to-
"(1) a detNe,d description of the waste materials, including
{ 42 USC 2021h. "SEC s. ALTERNATIVE DISPORAL METHODS. their origin, chemical composition, physical state, volume, and I
"(a) Not later than 12 months after the date of enactment of the "$ % concentration or contamination levels, half-lives, andHealth.
l Anre. p.1842. Iow-14 vel Radioactive Waste Policy Amendments Act of 1985, the Nuclear Regulatory Commission shall, in consultation with the .dentit fthe ad lid t Safet States and other mterested persons, identify methods for the dis- Suct standa and p reshkl b.that, upon receipt of a Regubten.
- posal of low-level radioactive waste other than shallow land burial, petition to exempt a specific radioactive waste stream from regula-and establish and publish technical guidance regarding licensing of. tion by the Commission, the Commission shall determine in an
! facilities that use such methods, expeditious manner whether the concentration or quantity of (b) Not later than 24 months after the date of enactment of the radionuclides present in such waste stream requires regulation by low-level Radioactive Weste Policy Amendments Act of 19R5, the the Commission in order to protect the public health and safety. ,
Commission shall, m consultation with the States and other m. Where the Commission determines that regulation of a radioactive to protect the public health and terested , persons,information waste safety, stream the is not shall Commission necessa3e ta such steps as may be necessary,in g the methodsregardm, identifiedidentify pursuantand publish all relevant to, subsec- techmcal an expeditious manner, to exempt the disposal of such radioactive i tion (a) that a State or compact must provide to the Commission in l
order to pursue such methods, together with the techmeal require- waste from regulation by the Commission.".
, raents,that such facilities must meet, in the judgment of the i Commission,, if pursued as an alternative to shallow land burial. TITLE Il-OMNIBUS LOW-LEVEL RADIOACTIVE WASTE omniba t--
i Such techmcal information and requirements shall m, elude, but INTERSTATE COMPACT CONSENT ACT 1* '
Radmactive f need not be limited to, site suitability, site design, facility operation, disposal site closure, and environmental monitoring, as necessary t sEr, ren.suoRT Titis. Ut.t, meet the performance objectives established by the Commission for This Title maY be cited as the "Om comp a a licensed low-level radioactive waste disposal facility The Commis- Waste Interstate Compact Consent Act.n. ibus low-level Radioactive cenarnt Act.
g gay .
note.
6
APPENDIX B NRC'S ROLE IN IMPLEMENTING THE LLRWPAA I
l l
{
NRC's Role in Implementing the LLRWPAA Current Provisions LLRWPAA Date Schedule NRC Role Classifying Low-Level Radioactive Waste Section 2(9)(b) - NRC is responsible for None -
NRC must classify low-level radioactive waste classifying material as low-level as needed to allow implementation of Section 3 waste. responsibilities for above-Class-C* wastes.
This will be undertaken if necessary as an adjunct to the rulemaking to define high-level waste under Section 2(12)(B) of the Nuclear Waste Policy Act.
Licensing an Above-Class-C Facility T Section 3(b)(2) - NRC shall license None -
NRC will identify licensing requirements for
- any disposal facility accepting NRC- above-Class-C wastes and provide staff guid-regulated wastes exceeding 10 CFR ance to DOE following review of DOE report 61.55 Class C limits. under Section 3(b)(3). Guidance will be in the form of a proposed rule, if appropriate.
NRC shall to the extent practicable review and process any license application 15 months after docketing.
Section 3(b)(3) - DOE shall submit a 1/87 1/87 To support DOE actions, NRC will provide report to Congress containing infor- (DOE action) information regarding characteristics of mation and recommendations on disposal wastes which are likely to be a federal of low-level waste that is a federal responsibility, consistent with proposed responsibility under the LLRWPAA. rulemaking on high-level waste definition.
- The term "above Class C" refers to low-level waste that has concentrations of radionuclides which exceed the limits established by the NRC in 10 CFR 61.55 for Class C waste.
i NRC's Role in Implementing the LLRWPAA (Continued)
Current Provisions LLRWPAA Date Schedule NRC Role Reserving NRC Authority With Respect to Low-Level Waste Compacts Section 4(b)(3) and (4) - Compacts are 1/15/86 Ongoing NRC will maintain an awareness of Compact not conferred any new authority incom- actions and other LLRWPAA activities to patible with NRC regulation. The identify any possible impacts on NRC health LLRWPAA is not intended to diminish and safety regulations.
or impair NRC jurisdiction.
States Failing to Meet January 1, 1993, Deadline
[Section5(d)(2)(C)(i)and(ii)-States 1/1/93 (i) 1/90 NRC will issue guidance for potential licen-taking title to and possession of low- sees and Agreement States sufficiently in level waste due to failure to establish 1/1/96 (ii) -
advance of the LLRWPAA dates to allow for disposal capacity by 1993 (or no later timely development and licensing of any than 1996) would require NRC or Agreement needed facilities. NRC must be prepared to State license. license such possession of low-level radio-active waste in non-Agreement States.
l Determining Disposal Site Application Completeness Section 5(e)(1)(C) and (D) - A complete 1/1/90 (C) -
NRC will provide guidance to states / Compacts application (as determined by the NRC on what constitutes a complete license appli-or Agreement State) shall be filed for 1/1/92 (D) -
cation for docketing purposes (Standard For-a low-level waste disposal facility mat and Content Guide). Guidance and related within each nonsited region or state prelicensing technical assistance must be by 1990 or 1992. available sufficiently in advance of the LLRWPAA dates to allow time for the data col-lection and analyses required to support preparation of complete application. NRC (or
NRC's Role in Implementing the LLRWPAA (Continued)
Current Provisions LLRWPAA Date Schedule NRC Role Agreement State) must receive applications several months in advance of the deadlines specified in the LLRWPAA, to allow time for the completeness review. Consequently, NRC will also provide guidance to states / Compacts on recommended submittal dates-to facilitate milestone compliance.
Transmitting and Publishing State Certifications Section 5(e)(1)(E) - NRC must transmit 1/1/90 -
NRC will issue a Federal Register notice 7 any state certifications to Congress specifying procedures for submittal of
and publish such certifications in the certifications. NRC will carry out required Federal Register, actions as needed.
Emergency Access to Nonfederal Disposal Facilities Section 6(c)(1) - NRC must determine if After 1/1/87 1/1/87 By the scheduled date, the staff will develop emergency access is necessary, and cannot the criteria and procedures for making the be mitigated by alternative means includ- required determinations, and identify the ing onsite storage and ceasing waste information to be submitted in requests.for generation activities. emergency access. NRC must act on requests within 45 days. NRC will coordinate activi-ties with D00 and DOE on determinations regarding threats to common defense and security.
NRC's Role in Implementing the LLRWPAA (Continued)
Current Provisions LLRWPAA Date Schedule NRC Role Section 6(c)(2) - If NRC grants emergency After 1/1/87 1/1/87 The staff will develop procedures for desig-access, NRC must designate a nonfederal nating a nonfederal disposal facility and disposal facility, specify access con- for determining access conditions (waste ditions, and notify affected parties. characteristics and volume, and duration of access up to 180 days). NRC will develop procedures for timely notification of the Governor of the state in which the facility is located, the appropriate Compact Commis-sion, the Governor of the state in which the waste was generated, and the requestor.
Section 6(d) - NRC may immediately After 1/1/87 1/87 By scheduled date, staff will develop the grant temporary emergency access up to criteria and procedures for evaluating 45 days pending decision under Sec- requests for immediate emergency access and tion 6(c)(1). for notifying affected parties of any grants of temporary access.
Section 6(e) - NRC may grant one 180-day After 7/1/87 1/1/87 By scheduled date, staff will develop proce-extension of emergency access if necessary dures and criteria for determining if access and if the waste generator and state have continues to be necessary and critical, and acted diligently to eliminate access need. for determing if diligent action has been taken to eliminate the need for emergency access. NRC will coordinate with D0D and DOE regarding common defense and security questions. Staff will also develop proce-dures for notifying affected parties of its decisions.
Section 6(h) - NRC determinations under After 1/1/87 1/1/87 By scheduled date, staff will develop proce-6(c), 6(d), and 6(e) may not exceed dis- dures for coordinating decisions under 6(c),
posal facility limitations. 6(d), and 6(e) with Agreement States to ensure that emergency access conditions are
t
.NRC's Role in Implementing the LLRWPAA (Continued)
Current Provisions LLRWPAA Date Schedule NRC Role consistent with disposal site license provi-sions, waste capacity limitations and site closure plans.
Assisting the Department of Energy Section 7(b) - DOE must submit annual Annual Ongoing To support report preparation by DOE, NRC reports to Congress addressing low-level (DOE action) will provide information regarding NRC waste topics and LLRWPAA imp ~lementation. licensing actions.
Licensing Guidance for Alternative Disposal Methods Section 8(a) - NRC must identify alter- 1/15/87 Ongoing NRC will undertake outreach activities to natives and issue technical guidance (out- fulfill consultation requirement. NRC must regarding licensing of these alternative reach) then identify alternative disposal methods disposal methods in consultation with and publish technical guidance regarding states and other interested parties. 1/87 licensing of such facilities by scheduled (guidance) date.
Section 8(b) - NRC must identify and pub- 1/15/88 1/88 By scheduled date, NRC will publish Standard lish all technical information that a Format and Content Guide for alternative state or Compact must provide to the NRC, disposal facility license applications, along together with the technical requirements with the technical requirements for licensing for licensing alternative disposal such facilities.
facilities.
License Review Capability Section 9(1) - NRC must establish proce- 1/15/87 1/15/87 By scheduled date, NRC will develop Standard dures and develop the technical capability Review Plans for processing low-level-waste for processing license applications. disposal license applications for shallow land burial. This must provide for accom-
NRC's Role in Implementing the LLRWPAA (Continued)
Current Provisions LLRWPAA Date Schedule NRC Role plishment of Section 9(2). ' Plans may require future updating, depending on method chosen for disposal of above-Class-C waste, under Section 3(b)(2), and for alternatives to shallow land burial.
On receipt Not NRC shall, to the extent practicable, com-Section 9(2) - NRC shall to the extent plete technical reviews of new disposal practicable review and process license expected applications (not including public before facility applications within 15 months of hearings) within 15 months. 1/1/90 docketing.
, Section 9(3) - NRC shall to the extent On receipt 7/87 By scheduled date, NRC will develop legal 4 practicable consolidate all required tech- positions and supporting administrative nical and environmental reviews and public procedures as needed to consolidate NEPA hearings. and license application reviews / hearings to the extent practicable. This will be consistent with guidance issued under Sec-tion 5(e)(1)(C) and (D).
Radioactive Waste Below Regulatory Concern Section 10 - NRC must establish standards 7/86 7/86 By scheduled date, NRC will develop the and procedures and the capability to act policy, procedures, and capabilities to upon petitions to exempt specific wastes evaluate and act upon rulemaking petitions from NRC regulation, and must identify to exempt specific wastes from NRC regula-information to be contained in petitions, tion. NRC must also provide guidance to licensees setting forth all information required to be-submitted to the NRC by li-censees in-support of such petitions.
APPENDIX C LOW-LEVEL RADI0 ACTIVE WASTE:
BRANCH TECHNICAL POSITIONS AND REVIEW PLANS WM-7902 Low-Level Waste Burial Ground Site Closure & Stabilization, Revision 1, May 1979.
WM-8202 Site Suitability, Selection, and Characterization, NUREG-0902, April 1982.
WM-8204 Technical Position -Waste Form, May 1983.
WM-8205 Technical Position on Radioactive Waste Classification, May 1983.
WM-8206 Funding Assurances for Closure, Postclosure and Long-Term Care of a Low-Level Waste Disposal Facility, June 1982.
WM-8207 Near-Surface Disposal Facility Design and Operation, November 1982.
Draft Branch Technical Position on Standard Format and Content of License Applications for Near Surface Disposal of Radioactive Waste, March 1986.
Draft Branch Technical Position on Licensing of Alternative Methods of Disposal for Low-Level Radioactive Waste, March 1986.
C-1
APPENDIX D NRC PUBLICATIONS ON DISPOSAL OF LOW-LEVEL WASTE The following reports may be purchased from:
Superintendent of Documents U.S. Government Printing Office P.O. Box 37082
. Washington, D.C. 20013-7082 202/275-2060 or 2171 ATTN: Ann Butler NUREG-0217 NRC Task Force Report on Review of the Federal / State Program for Regulation of Commercial Low-Level Radioactive Waste Burial Grounds, March 1977.
NUREG-0456 A Classification System for Radioactive Waste Disposal - What Waste Goes Where?, June 1978.
. NUREG-0782 Draft Environmental Impact Statement on 10 CFR Part 61: Li-censing Requirements for Land Disposal of Radioactive Waste (Vols. 1 - 4), September 1981.
NUREG-0868 A Collection of Mathematical Models for Dispersion in Surface Water and Groundwater, June 1982.
NUREG-0879 Environmental Assessment for the Barnwell Low-Level Waste Dis-posal Facility, January 1982.
NUREG-0902 Site Suitability, Selection and Characterization, Branch Tech-nical Pcsition - Low-Level Waste Licensing Branch, April 1982.
NUREG-0945 Final Environmental Impact Statement on 10 CFR Part 61: "Li-censing Requirements for Land Disposal of Radioactive Waste" (Vols. 1 - 3), November 1982.
NUREG-0959 User's Guide for 10 CFR 61 Impact Analysis Codes, January 1983.
NUREG-0962 The Role of the State in the Regulation of Low-Level Radioactive Waste, March 1983.
NUREG-1101 Onsite Disposal of Radioactive Waste: Guidance for Disposal by l Subsurface Burial (Vol. 1), March 1986.
NUREG-1183 Nonradiological Groundwater Quality at Low-Level Radioactive Waste Disposal Sites, April 1986.
D-1 l
NUREG/CP-0028 -Proceedings of the Symposium on Low-Level Waste Disposal (Vol.1--Site Suitability Requirements), September 1982; (Vol. 2--Site Characterization and Monitoring), December 1982; (Vol. 3--Facility Design, Construction, and Operating Practices), March 1983. l l
NUREG/CP-0030 Symposium on Unsaturated Flow and Transport Modeling, September 1982.
NUREG/CP-0055 Proceedings of the State Workshop on Shallow Land Burial and Alternative Concepts, October 1984.
NUREG/CR-0130 Technology, Safety and Costs of Decommissioning a Reference Pressurized Water Reactor Power Station (Vols.1 and 2), June I
1978.
NUREG/CR-0308 Preliminary Screening of Alternative Methods for Disposal of Low-Level Wastes, November 1978.
NUREG/CR-0680 Evaluation of Alternative Methods for Disposal of Low-Level Radioactive Wastes, July 1979.
NUREG/CR-0707 Evaluation of Isotope Migration - Land Burial: Water Chemistry at Commercially Operated Low-level Radioactive Waste ~ Disposal Sites, Progress Report No. 9, April-June 1978, February 1979.
NUREG/CR-1005 Radioactive Waste Disposal Classification System (Vol. I -
General, Vol. II - Detailed), September 1979.
NUREG/CR-1289 Evaluation of Isotope Migration - Land Burial: Water Chemistry at Commercially Operated Low-Level Radioactive Waste Disposal Sites, Status Report Through September 30,1979, March 1980.
NUREG/CR-1358 Vegetational Cover in Monitoring and Stabilization of Shallow Land Burial Sites, Annual Report, October 1978 - September 1979, August 1980. ,
NUREG/CR-1565 General Investigation of Radionuclide Retention in Migration Pathways at the West Valley, New York Low-Level Burial Site.
Final Report, October 1978 - February 1980, October 1980.
NUREG/CR-1683 Characterization of Existing Surface Conditions at Sheffield Low Level Waste Disposal Facility, August 1980.
NUREG/CR-1759 Data Base for Radioactive Waste Management (Vols.1, 2, and 3),
November 1981.
NUREG/CR-1793 Study of Chemical Toxicity of low-Level Wastes (Vols.1 and 2),
November 1980.
NUREG/CR-1832 Research Program at Maxey Flats and Consideration of Other Shal-low Land Burial Sites, March 1981. 1 NUREG/CR-1862 Evaluation of Isotope Migration - Land Burial, April 1981.
D-2 i
f NUREG/CR-1963 System Analysis of Shallow Land Burial (Vol. 1 - Code Manual, Vol. 2 - Technical Background), March 1981.
NUREG/CR-2101 Evaluation of Trench Subsidence and Stabilization at Sheffield Low-Level Radioactive Waste Disposal Facility, May 1981.
NUREG/CR-2206 Volume Reduction Techniques in Low-Level Radioactive Waste Management, September 1981.
NUREG/CR-2212 An Evaltation of Ground Penetrating Radar for Assessment of Low Level Nuclear Waste Disposal Sites, February 1982.
NUREG/CR-2478 A Study of Trench Covers to Minimize Infiltration at Waste Dis-posal Sites (Vol.1 - Task I Report), March 1982; (Vol. 2 -
Task II Report), July 1983.
NUREG/CR-2502 Users Guide and Documentation for Adsorption and Decay Modifi-cations to the USGS Solute Transport Model, January 1982.
NUREG/CR-2589 A Ground-Penetrating Radar Survey of the Maxey Flats Low-Level Nuclear Waste Disposal Site, Fleming County, Kentucky, June 1982.
NUREG/CR-2700 Parameters for Characterizing Sites for Disposal of Low-Level Radioactive Waste, May 1982.
NUREG/CR-2705 Training Course No. 1: The Implementation of FEMWATER (ORNL-5567) Computer Program, June 1982.
NUREG/CR-2706 Training Course No. 2: The Implementation of FEMWASTE (0RNL-5601) Computer Program: Final Report, November 1982.
NUREG/CR-2721 Scoping Study of the Alternatives for Managing Waste Containing Chelating Decontamination Chemicals, February 1984.
NUREG/CR-2785 Irradiation of Zeolite Ion-Exchange Media, May 1983.
NUREG/CR-2808 GWNBWL 1: A Computer Model for Groundwater Transport of Radio-active Isotopes and Dose Rate Calculation, November 1983.
NUREG/CR-2813 Development of Low Level Waste From Criteria Testing of Low Level Waste Forms, November 1983.
NUREG/CR-2830 Permissible Radionuclide Loading for Organic Ion Exchange Resins from Nuclear Power Plants, October 1983.
NUREG/CR-2862 Geomorphic Processes and Evolution of Buttermilk Valley and Selected Tributaries, West Valley, New York, July 1982.
NUREG/CR-2870 Characterization of the Radioactive Large Quantity Waste of the Union Carbide Corporation, November 1983.
NUREG/CR-2917 Review of Ground-Water Flow and Transport Models in the Unsat-urated Zone, November 1982.
(
D-3 l
NUREG/CR-2969 Solidification of Irradiated EPICOR-II Waste Products, May 1983.
NUREG/CR-2977 Tests of Absorbents and Solidification Techniques for Oil Wastes, November 1983.
NUREG/CR-3018 Characterization of Class B Stable Radioactive Waste Packages of the New England Nuclear Corporation, December 1983.
NUREG/CR-3032 Studies of Transport of Waste Radionuclides Through Soil at the Maxey Flats, Kentucky, Waste-Burial Site, March 1983.
NUREG/CR-3038 Tests for Evaluating Sites for Disposal of Low-Level Radioactive Waste, December 1982.
NUREG/CR-3084 Low-Level Nuclear Waste Shallow Land Burial Trench Isolation, I
March 1983.
NUREG/CR-3125 Current Practices for Maintaining Occupational Exposures ALARA at Low-Level Waste Disposal Sites, December 1983.
NUREG/CR-3130 Influence of Leach Rate and Other Parameters on Groundwater Migration, February 1983.
NUREG/CR-3144 Trench Design and Construction Techniques for Low-Level Radio-active Waste Disposal, February 1983.
NUREG/CR-3164 Subsurface Monitoring Programs at Sites for Disposal of Low-Level Radioactive Waste, April 1983.
NUREG/CR-3168 Technical Considerations for High Integrity Containers for the Disposal of Radioactive Ion-Exchange Resin Waste, October 1983.
NUREG/CR-3207 Geologic and Hydrologic Research at the Western New York Nuclear Service Center, West Valley, New York. Annual Report, August 1981 - July 1982, March 1983.
NUREG/CR-3210 Low-Level Waste Risk Methodology Development, May 1983.
NUREG/CR-3343 Recommended Radiation Protection Practices for Low-Level Waste Disposal Sites, December 1983.
NUREG/CR-3356 Geotechnical Quality Control: Low-Level Radioactive Waste and Uranium Mill Tailings Disposal Facilities, June 1983.
NUREG/CR-3381 Evaluation of the Three Mile Island Unit 2 Reactor Building Decontamination Process, August 1983. ;
1 NUREG/CR-3383 Irradiation Effects on the Storage and Disposal of Radwaste l Containing Organic Ion-Exchange Media, April 1984. l NUREG/CR-3390 Documentation and User's Guide: UNSAT2 - Variably Saturated Flow Model (Including 4 Example Problems), December 1983.
D-4 l
I
NUREG/CR-3444 The Impact of LWR Decontaminations on Solidification, Waste 4 Disposal and Associated Occupational Exposure (Vol. 1, Annual Report), January 1984; (Vol. 2), February 1984.
NUREG/CR-3554 Radionuclide Migration in Groundwater. Annual Progress Report for 1982, January 1984.
NUREG/CR-3570 Low-Level Nuclear Waste Shallow Land Burial Trench Isolation, Annual Report, October 1982 - September 1983, December 1983.
NUREG/CR-3585 De Minimis Waste Impacts Analysis Methodology, February 1984.
NUREG/CR-3620 Intruder Dose Pathway Analysis for the Onsite Disposal of Radioactive Wastes, October 1984.
NUREG/CR-3712 Radionuclide Migration in Groundwater. Annual Report for FY 1983, December 1984.
NUREG/CR-3774 Alternative Methods for Disposal of Low-Level Radioactive Wastes:
Vol. 1 - Task 1: Description of Methods and Assessment of Criteria, April 1984.
Vol. 2 - Task 2a: Technical Requirements for Belowground Vault Disposal of Low-Level Radioactive Waste, October 1985.
Vol. 3 - Task 2b: Technical Requirements for Aboveground Vault Disposal of Low-Level Radioactive Waste, October 1985.
Vol. 4 - Task 2c: Technical Requirements for Earth Mounded Concrete Bunker Disposal of Low-Level Radioactive Waste, October 1985.
Vol. 5 - Task 2e: Technical Requirements for Shaft Disposal of Low-Level Radioactive Waste, October 1985.
NUREG/CR-3838 An Initial Review of Several Meteorological Models Suitable for Low-Level Waste Disposal Facilities, June 1984.
NUREG/CR-3973 Alternative Containers for Low-Level Wastes Containing Large Amounts of Tritium, January 1985.
NUREG/CR-3985 Organic Complexant-Enhanced Mobility of Toxic Elements in Low-1 Level Wastes, Annual Report, July 1983 - June 1984, November 1984.
NUREG/CR-3993 Geochemical Investigations at Maxey Flats Radioactive Waste Disposal Site, October 1984.
NUREG/CR-4062 Extended Storage of Low-Level Radioactive Wastes: Potential Problem Areas, December 1985.
NUREG/CR-4069 Analyses of Soils From an Area Adjacent to the Low-Level Radio-active Waste Disposal Site at Sheffield, Illinois, March 1985.
NUREG/CR-4083 Analyses of Soils From the Low-Level Radioactive Waste Disposal Sites at Barnwell, SC, and Richland, WA, March 1985.
D-5
NUREG/CR-4150 EPICOR-II Resin Degradation Results From First Resin Samples of PF-8 and PF-20, July 1985.
1 NUREG/CR-4201 Thermal Stability Testing of Low-Level Waste Forms, May 1985. j NUREG/CR-4370 Update of Part 61 Impacts Analysis Methodology (Vol. 1, Method- )
ology Report; Vol. 2, Codes and Example Problems), January 1986. <
NUREG/CR-4406 An Analysis of Low-Level Wastes: Review of Hazardous Waste Reg-ulations and Identification of Radioactive Mixed Waste, December 1985.
NUREG/CR-4433 Document Review Regarding Hazardous Chemical Characteristics of ;
Low-Level Waste, March 1986.
NUREG/CR-4450 Management of Radioactive Mixed Wastes in Commercial Low-Level I Wastes: Draft Report for Comment, January 1986.
i D-6 l
APPENDIX E FEDERAL REGISTER NOTICE ON TECHNICAL ASSISTANCE AVAILABILITY L- .
3866 Federal Register / Vol. 51, No. 20 / Thursday, January 30, 1986 / Notices Radioactive Waste; Low Level Waste ACTION: Notice of NRC Low-Lesel For the Nuclear Regulatory Commission.
Compacts; NRC Technical Assistance Waste Technical Assistance Program. G. Wayne Kerr, Availability Dim tor. Office of State Programs
SUMMARY
- This notice is to inform the AGENCY: Nuclear Regulatory pubhc of the Nuclear Regulatory ^ "*'h *'"' ^ - N"'I' R'?"I*'Y Commission Commission. Commission's (NRC) ongoing regulatory assistance program to provide technical lanuary 22. Imm guidance to States and compact A!! Agreement andNon Agreement States eg latin ne o le el rad nactive ^D"## O M"# A *#" #
waste (LLW) disposal facihties. The purpose of this NRC technical ^ ' Y"" '"' ' * * " 'h' I"* D"I Radioactise Waste P'ohcy Art, as amended.
assistance effort is to promote timely assigns States the responsibibty to proside implementation of the Low-Level for disposal of commercial 11W. and Radioactive Waste Policy Act as encourages the formation of mterstaie amended, which assigns States the compacts to meet this responsibihty. State responsibility to provide for J;sposal of actmty followmg passage of the ongmal commercial LLW. Assistance is Policy Act in 1980 has generally focused on available to State and compact entities formation of compacts and consideration of with disposal capacity development approaches for designatmg States to host responsibihties, to NRC Agreement "'" LLW d'8P '81I'C8hes certam States have elected to develop their own disposal State programs with regulatory capacity rather than i mma a c mpact. The responsibilities, and to States intendin8 cntical measure of success m implementmg to establish Agreement State status. Due the Low-Level Rad:oactive Waste Pohcy Act to resource limitations NRC will target is the estabhshment of new disposal capacity technical assistance to those States and in those States and compact regions that are compact regions in which substantive currently without such capacity.
progress is taking place toward the NRC intends, within its statutory siting and development of new LLW responsibility, to mmimize uncertamty and promote predictabihty in the hcensmg and d;sposal facihties.
regulation of new 11W facihties. The NRC DATES: Assistance will be available on a also recognizes that timely and continuing basis. understandable regulatory guidance is needed i assist States and compacts as they ADDRESSEE: Comments regarding this d d**
notice may be directed to,the Rules and [, '[d 'r,**,'i g ,', 3 ,,,'[h$pNn o"'pand Procedures Branch, Division of Rules their regulatory programs in response to low-and Records, Office of Administration, level waste disposal responsibihty may also U.S. Nac! ear Regulatory Commission. need NRC assistance and advice.
The purpose of this letter is to highhght the FOR FURTHER INFORMATION CONTACT:
- 'labihty of NRC regulatory assistance, to Donald A. Nussbaumer, Assistant descnbe the nature of such assistance and to Director. Office of State Programs U.S. further encourage Agreement States and Nuclear Regulatory Commission, those non. Agreement States anticipating low.
Washington, DC 20555. Telephone 301- level waste regulatory authonty under a 274b 492-7767. agreement to contact NRC to facihtate assistance activities. NRC staff has met with SUPPLEMENTARY INFORM ATION:The #
" I'"**"I I 8" * "
Low Level Radioactive Waste Policy compacts in the past several months to Act, as amended, assigns States the describe it.e type and level of assistance NRC responsibility to provide for disposal of is prepared to provide. Also. ongomg commercial LLW, and encourages the technical assistance actmties are underway formation ofinterstate compacts to meet in several States.
this responsibility. NRC intends, withan The scope of available NRC techr.ical its statutory responsibihty, to minimize assistance includes regulatory related topus associated with disposal site selection.
uncertainty and promote predictabihty dgn, hcensmg and operation. For in the licensing and regulation of new Agn'enwnt Statn r Stain subng lowlmi
. LLW facihties. NRC will assist States. waste regula'ory authonty under a 274b l and compact organizations involved in agreement. assistance may include but would developing and regulating disposal site not necessary be hmited to:
development. Attachment A is the letter t Guidance m assessmg staff technical sent to all Agreement State and non- capabihty needs and overall staffmg Agreement State regulatory programs requirements; highlighting the NRC Low. Level Waste 2. Assistance in evaluatmg contractor Technical Assistance Program and capabihties and/or proposals; 3 ^ """C' * "'I"'""8 d P I '"'
Attachment B is the letter sent to the b' * *
- P N U "' '"d '""' """"I Low level Radioactive Waste Compacts assessments; and and those States not presently in 4 Assessment of the performance of uniqw compacts on the same subject. wastes in the disposal environment.
Dated at Dethesda. Maryland. this 23rd day NRC intends to coordmate its technical of january IM6 asustant e actmties wph the DeparWent of E-1
Federal Register / Vol. 51, No. 20 / Thursday, January 30, 1988 / Notices 3867 l l
F.ncrgy low. Level Weste Management 1. Prelicensing guidance on the l Program to help ensure that relevant data applicabihty of eustmg f.'RC regulatory (
and analyses developed by the two Federal requirements to alternative 11W disposal agencies are shared with States, compacts, methods: 1 and other parties interested in successful 2. Cuidance on development of site I implementation of the Low 4evelRadioactive selection criteria consistent with the NRC 10 Waste Pohey Act as amended. CFR Part 61 regulation. and apphcation of l Please contact the NRC Regional State such critena to site screening studies: I Agreement Representative for your State to 3. Guidance on characterizmg candidate emplore specinc tecimical assistance needs. I disposal sites and preparing environmental would be pleased to receive any general impact report documents:
comments you may have regarding NRC's 4. Guidance on disposal site modeling and effort m this a ea. performance assessment; and l C. Wayne Kerr. 5. Guidar24 on license apphcation content .
D. rector. Office o/ State Programs. "g"',Q I
oes not intend to provide Attachment B-Nuclear Regulatory technical assistance for developing regional Commission management plans nor designation of Statea to host new I1W disposal facilities, ne NRC jar.uary22,1986. also will not undertake detaded engineering Memorandum For: Addressees design work nor research on reference From: G. Wayne Kerr. Director. Of0ce of concept desegna for commercial disposal State Programs facihtles. These developmental activities are Subt ect: NRC Low-Level Waste Technical considered inconsistent with NRC's Assistance Program regulatory role. Rather. NRC anticipates The critical measure of success in providmg detailed regulatory analyses of implementmg the Iow-level Radioactive various disposal facihty design conapts that Waste Policy Act.as amended,is the may be submitted by compacts or by estabbshment of new disposal capacity in individual States to NRC. We anticipate that those States and compact regions that are NRC guidance would be most usefulin cases currently without suda especity, where detailed information is provided by NRC intends, within its stettery those entities pursuing disposal site responsibihty, to minimise uncertamty and development.
promote predictabihty in the hcensms and NRC intends to cooperate closely with regulation of new 11W facihties. The NRC States and compacts pursuing disposal site also recognizes that timely and development. NRC also intends to coordinate understandable regulatory guidance is its technical assistance activities with the needed to assist States and compacts as they Department of Energy low-Level Weste proceed toward the development of new Management Program to help ensure that disposal facihties. States that plan to expand relevant data and analyses developed by the their regulatory program in response to low. two Federal agencies are shared with States, level waste disposal responsibditses may also compacts, and other parties interested in need NRC assistance advice. successfulimplementation of the Low-14 vel The purpose of this letter le to highhght the Radioactive Waste Policy Act as amended.
asailabihty of NRC regulatory assistance, to Please contact your NRC Regional State descnbe the nature of such assistance. and to IJaison Officer (RSLO) to explore specihc further encourage States and compacts to techmcal assistance needs. I would also be contact the NRC to facilitate assistance pleased to receive any spneral comments you activities. NRC staff has met with officials may have regardmg NRC"s efforts in this from a variety of States and 11W compacts area.
in the past several months to describe the C. Wayne Kerr.
type and level of assistance NRC is prepared om.ctor Office of State Programs.
to provide. Also, ongomg technical assistance [FR Doc. 86-2102 Filed 1-294k 8 45 am) activities are underway in several States.
The NRC intends to concentrate limited 8'uma coos tsm staff resources on those specific States and compacts in which substantive progress toward sitmg and development of new dmposal facihties is taking place. Assrstance may be provided through staff meetmas to discuss technical and hcensing topics.
supplying NRC staff as resource personnel to advisory bodies or 11W symposia.
development of technical studies and related regulatory guidance documents addressing specific inquines, and other means capable of effectively meeting State neesis. Your comments are invited on the assrstance considered to be most relevant to your needs.
The scope of available NRC technical l assistance mcludes regulatory related topics associated with desposal site selection, design. hcensing and operation. For States and compact entities with developmental responsibihties, this may mclude but would not necessanly be hmited to:
l l
l l
E-2 1 l
l l
l
APPENDIX F FEDERAL REGISTER NOTICE ON ALTERNATIVE METHODOLOGIES
7806 Federal Register / Vol. 51. No. 44 / Thursday. March 6,1986 / Proposed Rules NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT: be licensed under the esisting COMMISSION Ur. R. John Starmer. Low. Level Waste requirements in 10 CFR Part til.
and Uramum Recovery Projects Branch. " Licensing Requirements for Land 10 CFR Part 61 Division of Waste Management. Office Disposal of Radioactise Waste". The of Nuclear Material Safety and answer to the question is. "yes". This Branch Technical Position Statement on Ucensing of Alternative Methods of Safeguards. U.S. Nuclear Regulatory technical position statement is further Disposal for Low Level Radioactive Commission. Washington. DC 20555. prompted by the receipt of general Telephone (202) 427-.4170. requests for guidance on alternative Waste SUPPLEMENTARY INFORMATION:This disposal methods. These request =,
AGENCY: Nuclear Regulatory statement would provide technical however. hava been indefinite regarding Commission. guidance for hcening and regulation of the disposal methods of specific interest.
ACTION: Draft branch technical position alternative methods for near surface and the extent and type of regulatory statement: requests for comments. land disposal of LLW.The statement guidance desired.The NRC staff has met descnbes general deaign concepts for with a number of different State and
SUMMARY
- This draft branch technical several a'ternative disposal methods Regional Compact officials oser the past position statement proposes to answer and discusses related licensing six months to discuss regulatory licensing questions regarding the land considerations. For the purpose of this guidance needed for the desetopment of disposal of low. level radioactive waste statement, alternative disposal methods new disposal sites. Such discussions (LLW) and improve and simplify the are defined as disposal facility designs will continue and we hope they will licensing process. This statement would or disposal concepts which incorporate begin to focus more sharply on specific provide answers to certain questions engmeered barriers or structures, or technical questions as States and that have arisen regarding the otherwise differ from the past and Regional Compacts reach decisions on applicability of to CFR Part 61 to near- present methods of near-surface land choice of disposal method. A major surface disposal of waste, using disposal of LLW by shallow land burial. purpose of this technical position methods that incorporate engineered With the enactment of the Low-Level statement is to provide guidance in barriers or structures, and other Radioactive Waste Policy Amendments response to requests received to date alternatives to conventional shallow Act of 1985 (Pub. L 99-240). On January and to help ensure that States and land burial disposal practices. Also. 15.1986, the NRC is required, in Compacts are able to make timely there have been general requests for consultation with the States and other decisions. The specific information regulatory guidance on alternative interested persons. to identify methods contained in this technical position is disposal methods. The specific for the disposal of low. level radioactive intended to:
alternative methods ofinterest to the waste other than shallow land burial, . Clarify the scope of disposal requesters, however, are undetermined, and establish and publish technical as is the type and extent of desired methods included within the meaning of guidance regarding licensing of facilities the term "near-surface disposal **;
guidance.This statement identifies a that use such methods. These actions recently published NRC contractor
- Define the characteristics of are to be completed by January 1987. alternative land disposal concepts report which addresses the applicability Further, the Act requires that by January considered to be within the framework of 10 CFR Part 61 to a range of generic 1988, the NRC, again in consultation of the existing regulatory requirements disposal concepts and which provides with the States and other interested in 10 CFR Part 61; guidance that the staff intends to use fer persons. identify and publish all . Provide general guidance regarding these concepts.To ensure prompt and relevant technical information regarding the varous components of the disposal meaningful regulatory guidance during such alternative disposal methods that system for alternative near-surface land the development of new disposal must be provided to the Commission in disposal concepts which may present capacity for LLW, NRC staff encourages order to pursue such methods. For the problems in light of the performance early and continuing interactions NRC to meet these statutory objectives of to CFR Part 61; between the NRC and other antities requirements in a timely manner. it must . Encourage early and continuing involved in efforts to develop ar regulate immediately hear from the Staies and interactions between potentiallicense new LLW disposal sites. Finally, this other interested parties as to what applicants, the LLW disposal service notice solicits the States and other additional alternatives should be industry, States. other government interested persons to identify any identified. as licensing guidance must be agencies, and the NRC regarding efforts additional alternative disposal methods developed and published over very that they may be considering so that to develop and regulate new disposal short time frames. Alternatives capacity for LLW:
they can be included in NRC actions to identified after the comment period will . Encourage design engineers, fulfill the requirements of section 8(a) of be noted, but licensing guidance for vendors, and prospective license Pub. L 99-240, the Low-Level them not be available within the applicants to submit detailed technical Radioactive Waste Policy Amendments statutory time frames-Act of 1985. information on proposed disposal Draft Branch Technical Position methods as far in advance of license DATas:The comment period expires Statement on Licensing of Alternative application as possible; and May 5.1986.
Methods of Disposal for Low level ' Enoourage focus on the fewest Aconessas: Send written comments to Radioactive Wasta Possible approaches to ensure the Director, Division of Waste standardization and resultant abihty to Management. Office of Nuclear Material A. Introduction use limited NRC resources most Safety and Safeguards. U.S. Nuclear This technical position statement on effectively.
I Regulatory Commission. Washington, alternative methods ofland disposal of The NRC staff will apply existing DC 20555. Copies of all comments low. level radioactive waste (LLW) is licensing criteria. performance
. received by the NRC may be examined provided in response to the question of objectives, and most of the technical l
at the NRC Public Document Room.1717 whether disposal methods employing requirements of to CFR Part 61 to 11 Street, NW, Washington, DC 20555. engineered structures and barriers can proposed alternative disposal methods F-1
Fe deral Register / Vol. 51. No 44 / Thursday. Wrch 6.19mi / Proposed Rules .807 errple3i ns . #neered struttures and d2 spur.al mededs. t.ould. howes er, be Mtthods for D wposal of low-Level barners. 'I b '.RC staff behm es it will sited and hcensed on a facihty-specific Radioactive Wastes'* lNUREG/CR-be possible io coroplete reviews of b uis urider eCatmg regulatory 3*/41' was pubimhed in five volumes:
dispos.1 alie< natives with an provisions in Part 61
- Volume 1. -Desenption of Methods espectation ul ful!y resolvir:g the and Assessment of Cntena.** published C. Position April 1984, esamined the apphcability of ,
hcensing quntions that may arise in the review process prosided that a9 L Ryulatory Fmmework to CFR Part 61 requirement > siting, i l
adequate pre-licensing d alogua is The regulatory framework established ' design. operations and closure, and i stabhshed m torma-to five generic design ein to CR Part 61 covers M1 phases of .
concepts for alternatne disposal .
B. Backsmund Considerations waste disposal from site selection mem ds3e five design cmrcepts are through facthty design. hcensmg. below ground vaults r bove ground As a part ofits work in dnelo i" to operations.closare and post closure ortin vault . earth-mounded con te bunkers, stahdization, to the end of the penod of CFR Part 61 ands its su $atement.
environmentalimpact NRC active institutional control. This
"'i" '
s.onducted a study of alternative low- , Voj 2-5 pu ished Oct er level waste disposal methods. This was framework of regulations estabhshes the 1985. provide a more detaded intended to help ensure that all viable procedures. criteria, terms, and assessmen; of the applicability of disposal methods were considered and mndihone formmg the basis upon which enshng critnia for nearanarface that the initialissuance of the regulation the NRC willissue and renew bcenses disposal (Subpart D.10 Cm Part 61) to and subsequent amendments would be for the land disposal of LLW. four of the five alternative dispcssi Srbparts of the rule covering general based on the disposal methods most methods covered in Volume 1.The four likely to be used.The results of studies provisions and procedurallicensing methods covered in the reports were and pubhc comments in response to the aspects as well as those subparts bclow-ground vaults, above-ground covering performance objectives. vaults, earth-mounded concrete bunkers, Advance Notice of Proposed Rulemaking for Part 61 led NRC to financial assurances. State and Tribal and shaft disposal (Note that mined concentrate its efforts to develop participation, and records, reports tests cavity disposal is bemg evaluated but regulations on land disposal methods. and inspections apply to all methods of the work is incomplete at the present Land disposal methods readily divide land disposal of LLW both near-surface and at greater depths. The technical time.)
into two categories: nose that take The authors concluded that the s,iting place near the earth's surface and those requirements in Subpart D are specified and site design, operations. closure, and that involve deeper disposal. Near_ only for near surface disposal methods monitoring craeris of Subpart D.10 CFR surface disposal encompasses the full with reserved sections for other than near-surface. As discussed in Section 5. Part 61. s, hould ap;4v to the four range of technology that can be applied alternative disposal methods.The staff to low-level waste disposal near the the NRC staff helieves that, except for agrees with those condusions, diffeing earth's surface; that is, shallow land the potential need to develop site with the contractor a report on only a burial, deeper burial at depths up to 30 specifir. alternative waste form and few minor interpretive points of the meters. and the use of engineered classific tion requirements, the technical requirements in Subpart D regulation.The Codings of these report,s structures, barriers, and other concepts, and clarification of the ways the criteria some of which may be partial ly above should apply to alternative me' hods of should be interpreted will be the surface. near surface disposal using engineered barriers or structures. These afternative incorporated,into fature regulato,ry I Specific requirements for deeper lar d guidance. This guidance will be issued disposal methods such as mined methods include, for example, disposal band on consideration of any specific c.avities, either natural or man-made, by emplacement in below-ground disposal alternatives that may be were not considered in the initial engineered vaults, partially above- reccimi for review and analysis of ground engineered vaults. earth _
l rulemaking effort.His technology particular design features of the generic
! involves considerations for satirig and niounded engineered bunkers, lined disposal concepts that have already facility design, operations. and closure shafts or boreholes. caissons or pipes, been studied. Staff expects to issue the l
! which are sufficiently different f:om ' and concrete-walled trenches. guidance as modifications to a standard ihose for near-surface dispos.d. that 2. Eoluotion of Alternative Dispusc! format and content guide being prepared certatn technical requirements in Afcthods t n shallow land burial applications Subpart D of to CFR Part 61 do not ' (Jer Part 61.
apply. Such methods were left to be This technical position is guided by the background of knowledge and ~ The NRC basis for selecting the addressed in ection on a specific nceptual designa for first study by the application, subsequent guidance, and experience reflected in the rul- et u
.1 my Corps of Engineers was that each rulemaking effort,if rJemaking is which culminated in the issu are CFR Part 61. Both draft and fg 3 ethod appears to be under practical warranted. It was also rec,gnir.ed that other disposal methods sath as environmentalimpact statements for the ansideration by other countries. U.S.
rule address alternative disposal agencies, or States. One of these hydrofracture and deep-well injection concepts, mined cavities. does not have been used (e g., by the Departmer.t methods. Alternative disposal facility of Energy in Oak Ridge. Tennessee). design and operating practices were also among the subjects covered in the 8 Cosm of NORFL/CR-3m m y te pwthased These two alternatives were not ihmah ihe us covernmene Pnnema orrice t3 specifiudly addreseed in the trutial Part background studx s and information 61 rulemaking effort since they are suited to a very narrow range of waste considend in the rulemaking.
Smce the pubhcation of Part 61 m
"',"8 [*,- dQ w..hwan oc axns-mar cerin m.y .i.o tie 8
December 1982 the staff has continued porch..ed from the NationaJ Techmcal Information types and require specific geologic and servwe. O s. Department er cammmme. 52as Port hydrogeologic conditions. Consequently, to evaluate alternative disposal N .IRo. N asw est corn em they also were left to be addressed at a methods. A NRC contractor report later time. if necessary. Mmed caQy. prepared by the U.S. Army Corps of ,$,'N$lifo c$"","NNs ,'I'" "
hydrofracture, or deep-well injection Engineers. entitled "Af ternathe Nw. w..hinaion. oc msss.
F-2
7808 Federal Register / Vol. 51. No. 44 / Thursday, March 6,1986 / Proposed Rules appear to be under serious domestic waste disposal operations in the United The NRC intends, commensurate with consideration at this time. Further, as States and other countries. It is its statutory responsibilities, to improve noted earlier, mined cavity disposal anticipated that alternative disposal and simplify the licensing process and represents a significant departure from methods may offer an enhanced margin provide stability and predictability in the experience, data and knowledge of protection for the public and the the regulation of new LLW disposal base used in formulating the environment. lf the alternative design is facilities.To help accomphsh th;s requirenients for Part 61. The NRC staff coupled with innovative operations (e.g., objective, the NRC staff encourages the is currently evaluating the automated handhng and emplacement) earliest possible interaction between recommendations made by the Corps of or more conservative waste forms, potentiallicense apphcants. the waste Engineers regarding technical content, or packaging. it may also offer disposal service mdustry. States, other requirements for mined cavity disposal an enhanced margin of protection for government agencies, and the NRC. This prior to publication of a separate volume workers. Tradeoffs on worker exposure, should also serve to provide all of NUREC/CR-3774 on that disposal operations, and waste form should be interested parties, includmg the public, ahernative. . factored into designing as indicated in with timely and obtective assessments While NRC has studied design of the public and environmental Section 4 which follows.The NRC concepts for alternative disposal Protection aspects af proposed niethods. NRC cannot complete detailed particularly encourages design alternative waste disposal methods.
design work or developmental research innovations which increase safety and on new concepts or specific designs for reliability and which generally are 4. Descriptions of Ahernotive Disposal facilities that would have the effect of supported by a proven technology or Concepts establishing or developing their one which can be demonstrated by a satisfactory technology development Each of the design concepts described commercial potential.These activities below has either been evaluated as a are developmental rather than pmgram.
waste disposal alternative to shallow regulatory in nature and should be Early review of facility design can be land burial or is currently being used or supported by the entities responsible for requested on an individual applicant considered for that purpose in other establishing new waste disposal basis. lfowever, the NRC believes that countries. Desenptions n! these design capacity or, on the Federallevel, by the there are advantages to standardized concepts are included here to helo Department of Energy, approaches to waste disposal. Standard define the range of design disposal design features t n benefit characteristics considered io be witam a GeneralCuidance public and environmental protection by the framework of the custing regulatory Section 9 of the Low-level concentrating the resources of waste requirements of 10 CFP Part 61.The Radioactive Waste Policy Amendments management engineers and vendors on concepts are descnbed in more detail in Act of 1985 requires' that, to the extent particular approaches, and by practicable, NRC complete all activities NUREG/CR-3774 stimulating standardized programs of a.Be/omground Fou/ts. The term associated with the review and constructior. practice and quality processing of any license application * ~8""" ' ' " " " ' " ' ""I assurance.The use of standardized enclosed engineered structure built within 15 months of receipt of the '
application.The NRC is moving ahead * * ** "
aYo)a'en itate or e ive a d " "" "
- to provide information which will help eff cient licensing and inspection to ensure the timely review of low-level " "' '""* "
- pmcesses.To this end staff pIans to structure would protrude above the waste disposal facility license give higher priority and focus resources applications. Ilowever, the NRC staff natural surface grade. A below-ground n those approaches which are of vault could be fabricated from the will also evaluate innovative disposal g estu nteres t a es ere re, he engineering materials discussed below designs that might later be reflected in a NRC staff strongly encourages industry for above-ground vaults. The vault could license application.To promote timely and the States to pursue standardization be built with engineered walls and roof regulatory decisions, designers, vendors, in developing alternative waste disposal the floor could be natural soil or rock, and prospective license applicants are methods. Procedures for reviewing encoursged to submit detailed technical treated soil or rock, or engineered standard designs could be patterned materials. The vault, as an integrated information on proposed disposal after the procedures for reviewin8 structure, also has the characteristic of facility designs in advance of formal standard designs for reactors in limited access to its interior space, such license application. His will permit Appendix 0 to 10 CFR Part 50. as a doorway or portal or hatch opening.
NRC staff to evalusta fundamental safety and e_.' aspects and The public should note that pre- Operational access to the vault from the provide pre. licensing guidance. application requests for NRC review surface may be in the form of an Ifowever. such information should only that also request approval by NCR excavated ramp, which is built and then be submttled when the designs are a involve fees. There are two ways for covered over at closure. During part of a specific application being NRC to give approval. Both involve fees operations, however, the vault may have prepared. represent work sponsored by under 10 CFR Part 170. Requests that are more extensive access, depending on its a potential applicant, or are based on suitable and submitted as Topical design. See Volume 2 of NUREG/CR-some other type of commitment by a Reports involve a $20.000 fee. If the 3774 for a more corcplete description of potentiallicensee. Advance review, and request is not suitable and not submitted variations in conceptual design and where feasible, approval of designs and as a Topical Report, Part 170 requires operation of below-ground vaults.
related technical information can reduce full cost recovery as a Special Project b. Above-ground Vou/ts. An above-considerably the time needed for license (see 10 CFR 170.31. Item 17). Also see 10 ground vault disposal unit is an l application review. CFR 170.11(b) which allows the engineered structure or building with Designs for alternative disposal Commission to consider exemptions floor, walls, roof, and limited access methods should reflect both the benefits from the fearequirements when openings on a foundation near the i
of significant research and development consistent with law and the public ground surface. At least some portion of i work, and the experience gained from interest. the structura would be above the final 1
I F-3 1
rederal Register / Vol. 51. No. 44 / Thursday. March 6.1986 / Proposed Rules 7809 post. closure staface grade. The vault is detailed technicalinformation on Thus. States are encouraged to built from engineered structural designs are submitted, the NRC staff proceed expeditiously with their materials. Fabncation could be of believes that regulatory guidance must disposal siting programs while NRC masonry blocks, fabricated metal be sufficiently general to avoid placing develops supplemental standard format shapes reinforced cast.in-place or unnecessary constraints on the and content guidance for alternative spraved concrete. pre-cast concrete, or development of new design concepts. methods.
plastic or fluid media molded into The nature of any new NRC regulatory b. Design of Disposal Units. The various sohd shells. All of these requirements wdl be based on the disposal site design requirements of materials have been used to construct extent to which an individual proposed i 61.51 are sufficiently flexible to apply vaults. There are no existing regulatory disposal design is shown to conform to to alternative disposal methods which constraints on material selection or the existing technical requirements of fall within the four concepts described shape of the vault as long as it can be Part 61 or is compatible with meeting the in section 4 of this statement. Although demonstrated by the license applicant performance objectives set out in Part 61 little experience concerning waste that the performance objectives of to when combined with other components disposalin engineered structures is CFR Part 61 can be achieved. See of the disposal system. available, the technology exists to Volume 3 of NUREG/CR-3774 for a The following general guidance is construct buildings and stuctures that more complete description of variation provided for features and characteristics willlast for centuries.There are in conceptual design and operation of of various alternative disposalconcepts structures in use today that were built above ground vaults. which may present problems in hundreds and even thousands of years
- c. Earth-mounded Concrete Bunkers. demonstratmg compliance with the to ago. However. procedures are not well The design of earth-mounded concrete CFR Part 61 performance objectives. developed for obtaining assurance that bunkers may include featuies of Requirements to reassess and structures will be left alone or will trenches, below-ground vaults. and pctentially modify other components of survive intact over the period required earth mounds. This dispoci method the disposal system are also discussed. to safely isolate emplaced wastes from may also rely or. mai.Ainiy This guidance is intended to assist the human environment after the loss of rtquirements o i este form or site waste disposal engineers. license institutional controls. Designs which operation m. as sr ich .ed packaging applicants, and States in identifying a actively rely on engineering should be ar.d cr- ' .on. Th Nasic design of preferred waste disposal design. evaluated for deterrence of intrusion an % bd concrete bunker and also the consequences ofintrusion
- 5. Design Considerations and failure of the st.ucture sooner than curreno, u.u m France segregates wastes according to level of Land disposal facilities must be sited, expected.
radioactivity. Wastes with higher levels designed, operated, closed, and Waste retrievabil;ty is not required or of radioactivity are embedded in controlled after closure to achieve the prohibited by 10 CFR Part 61. If waste concrete below ground. Waste packages performance objectives set forth in retrievability is proposed as a design with lower levels of radioactivity are Subpart C of Part 61.The combination of feature, several important factors should emplaced above ground at natural grade performance objectives and technical be considered. Retrievability should not in earthen mounds (tumuli). Thus, an requi ements establish a systems compromise or otherwise lessen the earth. mounded concrete bunker may approach to waste disposal. The ability of the combined features to meet involve both above-ground and below. components of the " system" include the the performance objectives of Part 61.
ground construction, and may include site and its characteristics. the facility The designer should be sure that waste encapsulation and backfilling and disposal unit design, the waste. retrievability measures do not result in with both concrete and earth. See facility operations and closure. intruder increased problems in protecting the Volume 4 of NUREG/CR-3774 for a barriers. and institutional controls. inadvertent intruder. If the retrievability more complete description of variations Environmental monitoring is used to concept requires action by the custodial in conceptual design and operation of assess the system's performance. agency during the active institutional earth-mounded concrete bunkers. Reliance is not placed on any one control period to assure long. term
- d. Shaft Disposal. The term shaft component of the system. Rather, all performa ice (e g. grouting around disposal refers to a near-surface interact in achieving the performance packages). fundmg and institutional disposal alternati5e in which wastes objectives. Design of the facility and commitments for the action should be would be disposed of in shafts or disposal umts plays an important role in included.
boreholes augered bored, or sunk by the performance of the waste disposal c. waste Classification. The ability to conventional construction methods. The system. dispose of all Class A. B. and C 11W. as shafts could be lined or unhned and te a. Stiting. The disposal site suitabihty currently specified in Subpart D of Part of various sizes.1.mmg could be of requirements of 6 61.50 are minimum 61. may have to be reassessed for the concrete, metal. or other suitable common sense requirements and apply specific concept finally developed.
structural material. See Volume 5 of to sitmg of all near-curface alternative Existing concentration limits for Class NUREG/CR-r74 for a more complete disposal methods. The first critical step. A. B. and C are based on associated description of variations in conceptual as with any disposal facility, is to select waste form and other components of the design. use. and operations of shaft a site where natural conditions favor system to determine critical pathways.
disposal. disposal. Certain disposal methods and if specific disposal facility designs are Engmeered structures and barriers associated operations may not brought to the NRC for evaluation, the should not be viewed as a planned accommodate all classes of 11W or NRC will provide pre.hcensing guidance substitute for a suitable site. Rather. in parts of one or more classes. An to help ensure that key issues will be conjunction with other disposal s3 stem alternative waste rlassification system identihed and resch ed prior to hcensmg components. the engmeceed features may be proposed by the apphcant and that NRC's regulatory requirements should ntfer enhamd confidence in because of tne types of waste generated are incorporated into the apphcant's protection for the pubhc and within the region served by the program 18oweser. until such time as enuronment. proposed facihty. the specific design of F-4
7810 Federal Register / Vol. 51. No. 44 / Thursd.iv. March 6.1980 / Proposed Rules disposal units, or other factors. The their application than is included in this all research, data, and technical applicant may propose a waste position. evaluations necessary to support a classification system different from that g. Environmento/ Monitoring: The specific license application. NRC described in i 61.55. pmvided the requirements for monitoring specified in conducts research only to pmvide the system is compatible with the 161.53 wdl apply for alternative technical bases for rulemaking and performance objectives of Part 61 and disposal methods. The specific regulatory decisions, to support the concentrations of radionuclides in parameters to be monitored and the licensmg and inspection activities, to the system proposed do not exceed the measurements and observations to be assess the feasibility and effectiveness values specified in i 61.55 for Class C reade may vary significantly between of safety features and to increase our waste. Alternatives to current waste below-ground and above-ground understanding of phenomena for which classification requirements can be disposal units and, for above-ground analytical methods are needed to carry considered under the flexibility in units, between earth covered and out regulatory responsibilities.
I 61.58. However, alternative waste uncovered units. Provisions for classes have the potential to confuse reonitoring should be included in design D. Questions waste generators. Staff believes that considerations. A number of basic issues have been usmg other options such as more h. Institutiona/Requimments. The identified by NRC staffin the course of restrictive waste forms or packagmg or land ownership and institutional control its evalution of alternative disposal alternative emplacement methods would requirements of i 61.59 will apply to methods.The staff requests comments minimize waste generstor confusion. alternative disposal methods. Existing from States and all other interesled d.IntrudlerBarriers. Part of requires requirements related to active parties on these questions as well as Class C waste to be disposed ofin such institutional controls may have to be any other aspect of this proposed a marmer that the top of the waste is a modified by license to accomunodate technical position.
minimum of five rneters below the top some engmeered structure disposal 1. Are there any alternative disposal surface of the cover over the waste or c ncepts. such as those built above methods under serious consideration that intruder barriers are included that gr und without cover. For example, the that do not represent a variation or are designed to protect against an wastes may be more r,eadily available combination of the four concepts inadvertent intrusion for at least 500 f r exposure, so additional controls and evaluated in Volumes 2 through 5 of years (E 61.42. I 61.52). Alternative a more comprehensive program to NUREG/CR-37747 disposal methods coupled with exclude the public from the site dun.ng 2. With the publication and alternative waste classification systesns the active institutional control period endorsement of NUREG/CR-3774 and should provide a level of protection for may be necessary. Part 61 provides that plans for modified guidance on the the inadvertent intruder equivalent to active institutional controls carmot be content of applications for alternative the existing requimments. relied on for more than 100 years. Part methods, what additional specific 61 does not prohibit longer periods of regulatory guidance is needed regarding
- e. Waste Characteristics:11 e minimum requirements on waste active controls. However langer periods alternative disposal methods?
" i' charactsristics specified in i 61.56(a) Y,pn n entrate he mserces of will app., %r alternative disposal not be necessary designers. engineers, and vendors on to assure long-term performance particular approaches, and permit a methods.*l e applicant may use the flexibility on stability requirements in 10 & Summary raore effective and efficient licensing CFR 61.58(b)(1)if waste stability is to be The NRC staff should be informed as process, should NRC's regulatory provided by the engineered structure in early as possible of new design concepts program include active solicitation and which the waste is emplaced. However- under development by the industry or review f a reference design concept?
proposed designs may need mom under consideration by States and The staff could review and approve a stringent rninimum waste forms or Compacts that do not represent a submitted generic design for most (or a packaging to protect workers or design variation on the four concepts in maior portion) of a near-surface land features to accommodate planned Volumes 2 through 5 of NUREG/CR- disposal facility outside the context of a operations [e.g., weight or size limits). 3774. New disposal concepts may application for a site-specific license.
Supplemental requirements should be involve technical issues that should be (An approval design raay be referenced reasonable enough so that generators identified and resolved in order to in later applications.) If so. what aspects and processors can be relied on to essee timely regulatory actions on of a disposal facility design are comply with the requirements. lie e applications. NRC resources are amenable to standardization?
Alternatives to current waste I .ed and their use must be plarmed 4.To promote a more effective and characterstics requirements can be ord focused on real needs. Recent efficient licensing process. should NRC's considered under i 61.58. !(gislation also requires that licensing regulatory approach include early pre-
- f. Facility Operations and Closure guidance on alternatives be prepared application review of site suitability The requmements for facility operations and published by January 1967. Also, if issues relating to the development of a l and closare in i 61.52 will be apphed to design questions on specific proposals low-level radioactive waste disposal
- the alternative disposal methods raise serious problems in meeting the facility separately from and prior to the i descnbed in this statement. The specific requirements of 10 CFR Part 61, the most application for a license to construct I
application of the individual cost-effective decision on the part of the and operate such a facility? Such early requirements may vary with a particular appbcant may be to eliminate a review and documentation of staff alternative disposal design. Worker particular alternative or design feature findings could be patterned after the exposure and safe operations should from further consideration. Early procedures for reactor construction obviously be a factor in developing consultation with the appropriate permits in Appendix Q to 10 CFR Part designs. Volumes 2 through 5 of licensing authority will aid timely 50. If so, what provisions in Appendix Q NUPJE/CR-3774 contain a more decisions. abould be included or deleted?
comp'ete explanation and discussion of Prospective applicants should Dated at Silver Spring. Maryland. this 26.h individual requirements of 5 61.52 and understand that they are responsible for day of February.19%
F-5
APPENDIX G FEDERAL REGISTER NOTICE ON FORMAT AND CONTENT GUIDE
8922 Federal Register / Vol. 51, No. 50 / Friday. March 14, 1986 / Notices Nuclear Waste Policy Act; Availaisty cf Draft Technical Poettion in Low-Level Waste Prograns AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of Availability.
suasMARY:The Nuclear Regulatory Commission (NRC)is announcing the availability of a
- Draft Branch Technical Position on Standard Format and Content of License Applications for Near Surface Disposal of Radioactive Waste."
oATE:The comment period expires May 13.1986.
ADDRESSES: Send comments to R. john Starmer. Low. Level Waste and Uranium Recovery Projects Branch Division of Waste Management, U.S. Nuclear Regulatory Comminion. Mail Stop 623-SS. Washington, DC 20665. Copies of this document may be obtained free of charge upon, written request to Linda Luther, Docket Control Center Division of Waste Management, U.S. Nuclear Regulatory Commission. Mail Stop 623-SS. Washington, DC 20555. Telephone 1/
800/36M682. Ext. 74426 or 427-74426 for Washington ama callers.
FOR FUptTHER IIWOResATION CONTACT:
Clayton L Pittiglio Low. Level Waste and Uranium Recovery Projects Branch.
Division of Waste Management, U.S.
Nuclear Regulatory Commission.
Washington. DC 20555 Telephone (301) 427-4793.
supptaMENTARY ffsPORWIAT90se:This announcement notices availability and so:icits comments on the " Branch Technical Position on Standard Format and Content of Ucense, Applications for Near Sarface Disposal of Radioactive Waste."
The Branch Technical Position on Standard Format and Content of Ucense App!ications for Near Sudace Disposal of Radioactive Waste represents a fermat for license applications that is aCceptab'e to NRC staff. Ilowever.
conformance with the Standard Format is not required. License applications with ddferent formats will be accepted by the staffif they provide an adequate basis for the findings requisite to issuing a bcense.
, The purpose of the Branch Technic.il l
Position on Standard Format and Content of License Appiications for Near Surface Disposal of Radioactive Waste is to explain in more detail the ir: formation to be provided in the eppl. ration for a bcense. Use of the
&ldndsrd format wd!(1) aid the applicant and NRC staff in ensunng that the information is complete. (2) help G-1
Federal Register / Vol. 51. No. 50 / Friday. March 14, 1986 / Notices 8923 persons reading the application to locate information, and (3) contribute to shortening the time needed for the review process.
Dated at Sdver Spring. Maryland. this 5th day of March.19es.
For the Nuclear Regulatory Commission.
Leo B. Higginbothern.
ChiefLow. level Waste andUranium Recovery Projects Bronch. Division of Waste Managernent. Office ofNuclear Material Safety andSafeguords.
{FR Doc. 86-5686 Filed 3-1M. 8.45 am]
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U S. NUCLE 1A ILE1ULATORY COMMasSION I RE#OR T NUY1E R f Ass poed by TtDC edd FO' NO. 'r eaFI NRC PORM 335
!b'22- BIBLIOGRAPHIC DATA SHEET NUREG-1213
$EE INSTRUCTIONS ON THE REVERSE 2 TITLE AND SUSTsTLE 3 LE AVE SLANK Plans and Schedules for Implementation of U.S.
Nuclear R ulatory Commission Responsibilities Under the /
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Low-Level dioactive Waste Policy Amendments Act of "
1985 (P.L. -240) Jul l 1986 S AUTHOR 155 M.M. Dunkelna M.S. Kearney, R.D. MacDougall . o A , E E,Ou ssu E o July 1986 AND M AsLING ADDRES$ ffactode l@ Codet 8 PROJECT;T ASK WORN UNef NUM8ER 7 PERFORMING ORGANIZATION NA Division of Waste nagement ,,,,,, ,,,, ,,,,
Office of Nuclear M er1al Safety and Safeguards U.S. Nuclear Regulat Commission Washington, D.C. 2055 10 SPON50ReNG ORGAN 12ATION NAME ANO Matt ADDRESS itartwee le Cooes tia TvPE OF REPORT Regulatory Same as Box 7
. PER'OO COV E RED fincros.we detest 12 SUPPLEMENT ARY NOTE 5 13 AS$TR ACT t/00 eores or 'esst The purpose of this document is to , available to the states and other interested parties, the plans and schedules for e U.S. Nuclear Regulatory Commission's (NRC's) implementation of its responsibiliti nder the Low-Level Radioactive Waste Policy Amendments Act of 1985 (P.L.99-240 (L_ WPAA). This document identifies the provisions of the LLRWPAA which affect the pr rams f the NRC, identifies what the NRC must do to fulfill each of its requirements u er the LRWPAA, and establishes schedules for carry-ing out these requirements. The ans and hedules are current as of June 1986.
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