ML20207F854
| ML20207F854 | |
| Person / Time | |
|---|---|
| Issue date: | 12/31/1986 |
| From: | Dragonette K, Higginbotham L, Pittiglio C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| References | |
| NUREG-1241, NUDOCS 8701060241 | |
| Download: ML20207F854 (30) | |
Text
NUREG-1241 Licensing of Alternative Methods of Disposal of Low-Level Radioactive Waste 6 333 Branch Technical Position Low-Level Waste Licensing Branch U.S. Nuclear Regulatory
( 22 Commission K;
Office of Nuclear Material Safety and Safeguards L. B. Higginbotham, K. S. Dragonette, C. L. Pittiglio, Jr.
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NOTICE Availability of Reference Materials Cited in NRC Publications Most documents cited in N RC publications will be available from one of the following sources:
- 1. The NRC Public Document Room,1717 H Street, N.W.
Washington, DC 20555 '
l 2. The Superintendent of Documents, U.S. Government Printing Office, Post Office Box 37082, Washington, DC 20013-7082
- 3. The National Technical Information Service, Springfield, VA 22161 Although the listing that follows represents the majority of documents cited in NRC publications, it is not intended to be exhaustive.
3 Referenced documents available for inspection and copying for a fee from the NRC Public Docu-ment Room include NRC correspondence and internal NRC me noranda: NRC Office of Inspection and Enforcement bulletins, circulars, information notices, inspection and investigation notices; Licensee Event Reports; vendor reports and correspondence; Commission papers; and applicant and licensee documents and correspondence.
The following documents in the NUREG series are available for purchase from the GPO Sales Program: formal NRC staff and contractor reports, NRC-sponsored conference proceedings, and NRC booklets and brochures. Also available are Regulatory Guides, NRC regulations in the Code of
, Federal Regulations, and Nuclear Regulatory Commission Issuances.
Documents available from the National Technical information Service include NUREG series 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, such as books, journal and periodical articles, and transactions. Federal Register notices, federal and state legislation, and congressional reports can usually be obtained from these libraries.
Documents such as theses, dissertations, foreign reports and translations,and non-NRC 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.
Copies of industry codes and standards used in a substantive manner in the NRC regulatory process are maintained at the NRC Library,7920 Norfolk Avenue, Bethesda, Maryland, and are available l there for reference use by the public. Codes and standards are usually copyrighted and may be i purchased from the originating organization or, if they are American National Standards, from the American National Standards Institute,1430 Broadway, New York, NY 10018.
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NUREG-1241 Licensing of Alternative Methods of Disposal of Low-Level Radioactive Waste i
1.
Branch Technical Position Low-Level Waste Licensing Branch Manuscript Completed: December 1986 Mi8if". . Date Published: December 1986 L. B. Higginbotham, K. S. Dragonette, C. L. Pittiglio, Jr.
Division of Waste Management Office of Nuclear Material Safety and Safeguards U.S. Nuclear Reguistory Commission Washington, DC 20555 ZY: j~' ,
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ABSTRACT This branch technical position statement identifies and describes specific methods of disposal currently being considered as alternatives to shallow land burial, provides general guidance on these methods of disposal and recomm(nds procedures that will improve and simplify the licensing process,. The states.9nt provides answers to certain questions that have arisen regarding the applicabii-ity of 10 CFR 61 to near-surface disposal of waste, using methods that incor-porate engineered barriers or structures, and other alternatives to conventional shallow land burial disposal practices. This position also identifies a recently published NRC contractor report that addresses the applicability of 10 CFR 61 to a range of generic disposal concepts and which provides technical guidance that the staff intends to use for these concepts. This position statement combined with the above mentioned NRC contractor report fulfills the requirements of Section 8(a) of Public Law 99-240, the Low-Level Radioactive Waste Policy Amendments Act of 1985.
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NUREG-1241 iji
CONTENTS M
ABSTRACT ............................................................. iii 1 INTRODUCTION ...................................................... 1 2 BACKGROUND CONSIDERATIONS ......................................... 2 3 TECHNICAL POSITION ................................................ 3 3.1 Regulatory Framework ....................................... 3 3.2 Evaluation of Alternative Dis f 3.3. General Guidance ............posal Methods .................
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3.4 Description of Alternative Dis 6 3.5 Design Considerations ........posal Concepts ...............
.............................. 7 4 SUMNARY ........................................................... 10 5 REFERENCES ........................................................ 11 APPENDICES A - PUBLIC LAW 99-240, LOW-LEVEL RADI0 ACTIVE WASTE POLICY AMENDMENTS ACT OF 1985 B -
SUMMARY
OF PUBLIC COMMENTS ON ORAFT TECHNICAL POSITION STATEMENT l
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TECHNICAL POSITION STATEMENT ON LICENSING OF ALTERNATIVE METHODS OF DISPOSAL FOR LOW-LEVEL RADI0 ACTIVE WASTE 1 INTRODUCTION This technical position statement on alternative methods for the land disposal of low-level radioactive waste (LLW) is provided in response to the question of whether disposal methods employing engineered structures and barriers can be licensed under the existing requirements in Title 10 of the Code of Federal Reculations, Part 61 (10 CFR 61), " Licensing Requirements for Land Disposal of Rac ioactive Waste." The answer to the question is yes. The specific informa-tion contained in this technical position is intended to clarify the scope of disposal methods included within the meaning of the term "near-surface disposal" identify alternative land disposal concepts considered to be within the framework of the existing regulatory requirements in 10 CFR 61, thus meeting the first part of the requirement of Section 8(a) of Public Law 99-240, Low-Level Radioactive Waste Policy Amendments Act of 1985 prcvide general guidance ,6G/CR-3774, Volumes 1-6) on the various components of the disposal system for alternative near-surface land disposal concepts that may present problems in light of the performance objectives of 10 CFR 61. This guidance meets the second part of the 1
requirement of Section 8(a) of Public Law 99-240, Low-Level Radioactive Waste Policy Amendments Act of 1985 encourage early and continuing interactions between potential license applicants, the LLW disposal service industry, States, other government agencies, and the NRC regarding efforts to develop and. regulate new disposal capacity for LLW l
encourage design engineers, vendors, and prospective license applicants to submit detailed technical information on proposed disposal methods as far in advance of license application as possible encourage a focus on a limited number of approaches to ensure standardiza-tion and resultant ability to use limited NRC resources most effectively; NRC will focus its resources on alternative methods that utilize engineer-ing material with earthen cover The NRC staff concludes it is possible to compiete reviews of disposal alterna-tives with an expectation of fully resolving the licensing questions that may -
arise in the review process provided that an adequate prelicensing dialogue is established.
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2 BACKGROUND CONSIDERATIONS As a part of its work in developing 10 CFR 61 and its supporting environmental impact statement, the NRC staff conducted a study of alternative LLW disposal methods. This was intended to help ensure that all viable disposal methods were considered and that the initial issuance of the regulation and subsequent amendments would be based on the disposal methods most likely to be used. The results of studies and public comments in response to the Advance Notice of Proposed Rulemaking for Part 61 (Federal Register, July 24, 1981) led the NRC staff to concentrate its efforts on developing regulations on land disposal methods.
Land disposal methods can readily be placed into two categories: those that take place near the earth's surface and those that involve deeper disposal.
j Near-surface disposal encompasses the full range of technology that can be applied to LLW disposal near the earth's surface, that is, shallow land burial, deeper burial at depths up to 30 meters, and the use of engineered structures, barriers, and other concepts, some of which may be partially above the surface.
Specific requirements for deeper land disposal methods such as mined cavities, either natural or engineered, were not considered in the initial rulemaking effort. This technology involves considerations for siting and facility design, operations, and closure that are sufficiently different from those for near-surface disposal, so that certain technical requirements in Subpart D of 10 CFR 61 do not apply. Such methods were left to be addressed in action on a specific application, subsequent guidance, and rulemaking effort, if rulemaking is warranted. It was also recognized that other disposal methods such as hydrofracture and deep-well injection have been used (e.g., by the Department of Energy in Oak Ridge, Tennessee). These two alternatives were not specifi-cally addressed in the initial Part 61 rulemaking effort because they are suited to a very narrow range of waste types and require specific geologic and hydrogeologic conditions. Consequently, they also were left to be addressed at a later time, if necessary. A mined cavity could be sited and licensed on a facility-specific basis under existing regulatory provisions in 10 CFR 61.
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3 TECHNICAL POSITION 3.1 Regulatory Framework The regulatory framework established in 10 CFR 61 covers all phases of waste disposal from site selection through facility design, licensing, operations, closure, and postclosure stabilization, to the end of the period of active institutional control. This framework of regulations establishes the proce-dures, criteria, terms, and conditions forming the basis on which the NRC will issue and renew licenses for the land disposal of LLW.
Subparts of the rule covering general provisions and procedural licensing aspects, as well as those subparts covering performance objectives, financial assurances, State and tribal participation, and records, reports, tests and 1 inspections apply to all methods of land disposal of LLW, both near-surface and at greater depths. The technical requirements in Subpart D are specified only for near surface disposal methods with reserved sections for other than near-surface. As discussed in Section 3.5, the NRC staff believes that, except for the potential need to develop site-specific alternative waste form and -
classification requirements, the technical requirements in Subpart D apply to alternative methods of near-surface disposal using engineered barriers or structuras. These alternative methods include, for example, disposal by emplacement in below ground engineered vaults, partially above ground engi-neered vaults, earth sounded engineered bunkers, lined shafts or boreholes, caissons or pipes, and concrete-walled trenches.
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- 3. 2 Evaluation of Alternative Disposal Methods This technical position is guided by the background of knowledge and experience reflected in the rulemaking that culminated in the issuance of 10 CFR 61. Both draft and final environmental impact statements for the rule address alternative
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' disposal methods. Alternati*/a disposal facility design and. operating practices were also among the subjects covered in the background studies and information considered in the rulemaking.
Since the publication of 10 CFR 61 in December 1982, the staff has continued to evaluate alternative disposal methods. An NRC contractor report prepared by the U.S. Army Corps of Engineers entitled " Alternative Methods for Disposal of Low-Level Radioactive Wastes" (NUREG/CR-3774) was published in six volumes:
i Volume 1, published in April 1984, examined the applicability of 10 CFR 61 requirements--siting, design, operations and closure, and monitoring--to five generic design concepts for alternative disposal methods. The five design concepts are below ground vaults, above ground vaults, earth-i mounded concrete bunkers, mined cavities, and augered holes.
Volumes 2 through 5, published in October 1985, and Volume 6, published in October 1986, provide a more detailed assessment of the applicability of l existing criteria for near-surface disposal (Subpart D,10 CFR 61) to the five alternative disposal methods covered in Volume 1. The five methods I
covered in the reports were below ground vaults, above ground vaults, earth-mounded concrete bunkers, shaft disposal, and mined cavity disposal.
The authors concluded that the siting, design, operations, closure, and moni-toring criteria of Subpart D,10 CFR 61, should apply to all the alternative disposal methods except mined cavity disposal. The staff agrees with those conclusions, differing with the contractor's report on only a few minor inter-pretive points of the regulation. The findings of these reports and clarifi-cation of the ways the criteria should be interpreted will be incorporated into future regulatory guidance. This guidance will be issued on the basis of any specific disposal alternatives that may be received for review and analysis of particular design features of the generic disposal concepts that have already been studied. The staff will issue the guidance as modifications to a standard format and content guide and the standard review plans being prepared for shallow land burial applications under 10 CFR 61.
The NRC staff's basis for selecting the conceptual designs for first study by the U.S. Army Corps of Engineers was that each method appears to be under j practical consideration by other countries, U.S. agencies, or States. One of these concepts, mined cavities, does not appear to be under serious domestic consideration at this time. Further, as noted earlier, mined cavity disposal represents a significant departure from the experience, data and knowledge base used in formulating the requirements for 10 CFR 61.
Although it has studied design concepts for alternative disposal methods, the NRC staff cannot complete detailed design work or developmental research on new concepts or specific designs for facilities that would have the effect of estab-lishing or developing their commercial potential. These activities are develop-
. mental rather than regulatory in nature and should be supported by the entities
{ responsible for establishing rew waste disposal capacity or, on the Federal level, by the Department of Energy.
3.3 General Guidance Section 9 of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA) requires that, to the extent practicable, the NRC staff complete all activities associated with the review and processing of any license application within 15 months of receipt of the application. The NRC staff is moving ahead to provide information that will help ensure the timely review of low-level waste disposal facility license applications. Both a standard format and con-tent guide (NUREG-1199) and standard review plans (NUREG-1200) for the evalua-tion of license applications will be issued in January 1987. These documents provide the mechanism for the NRC staff to review a license application within 15 months and fulfill the requirenents of Section 9 of the LLRWPAA. However, the NRC staff will also evaluate innovative disposal designs that might later be reflected in a license application. To promote timely regulatory decisions, designers, vendors, end prospective license applicants are encouraged to submit detailed technical information on proposed disposal facility designs in advance of formal license applications. This will permit the NRC staff to evaluate fundamental safety and performance aspects and provide prelicensing guidance.
However, such information should only be submitted when the designs are a part of a specific application being prepared, represent work sponsored by a poten-tial applicant, or are based on some other type of commitment by a potential NUREG-1241 4
licensee. Advance review and, where feasible, approval of designs and related technical information can reduce considerably the time needed for license application review.
Designs for alternative disposal methods should reflect both the benefits of significant, research and development work and the experience gained from waste disposal operations in the United States and other countries. It is anticipated that alternative disposal methods may offer an enhanced margin of protection for the public and the environment. If the alternative design is coupled with innovative operations (e.g., automated handling and emplacement) or more con-servative waste forms, content, or packaging, it may also offer an enhanced margin of protection for workers. Tradeoffs on worker exposure, operations, and waste form should be factored into designing as indicated in Section 3.4, which follows. The NRC staff particularly encourages design innovations that increase safety and reliability and that generally are supported by a proven technology or one that can be demonstrated by a satisfactory technology develop-ment program.
) Early review of facility design can be requested on an individual applicant basis. However, the NRC staff believes that there are advantages to standard-ized approaches to waste disposal. Standard disposal design features can bene-
{ fit public and environmental protection by concentrating the resources of waste j
management engineers and vendors on particular approaches and by stimulating standardized programs of construction practice and quality assurance. The use of standardized approaches and design concepts can also facilitate more effec-tive and efficient licensing and inspection processes. To this end, the staff plans to give higher priority and focus resources on those approaches that are of greatest interest to States. As a result of comments received on the draft
{ version of this statement and input from workshop meetings, the NRC staff con-I siders that the primary focus should be on alternative methods that utilize engineering materials with soil cover (for example, below ground vaults and earth mounded concrete bunkers). The NRC staff will expend minimal resources on above ground vaults and mined cavity disposal options. In addition, the NRC staff strongly encourages industry and the States to pursue standardization in developing alternative waste disposal methods. Procedures for reviewing stan-dard designs could be patterned after the procedures for reviewing standard designs for reactors in Appendix 0 to 10 CFR 50.
The public should note that preapplication requests for NRC review that also request approval by NRC involve fees. There are two ways for NRC to grant approval. Both involve fees under 10 CFR 170. Requests that are suitable and submitted as topical reports involve a $20,000 fee. If the request is not suitable and not submitted as a topical report, 10 CFR 170 requires full cost recovery as a special project (see 10 CFR 170.31, Item 12). Also see 10 CFR 170.11(b), which allows the Commission to consider exemptions from the fee requirements when consistent with law and the public interest.
The NRC intends, commensurate with its statutory responsibilities, to improve and simplify the licensing process and provide stability and predictability in the regulation of new LLW disposal facilities. To help accomplish this objec-tive, the NRC staff encourages the earliest possible interaction between poten-tial license applicants, the waste disposal service industry, States, other NUREG-1241 5
government agen,:les, and the NRC. This should also serve to provide all inter-ested parties, including the public, with timely and objective assessments of the public ano environmental protection aspects of proposed alternative waste disposal methods.
3.4 Descriptions of Alternative Disposal Concepts Each of the design concepts described below has either been evaluated as a waste disposal alternative to shallow land burial or is currently being used or considered for that purpose in other countries. Descriptions of these design concepts are included here to help define the range of design characteristics considered to be within the framework of the existing regulatory requirements of 10 CFR 61. The concepts are described in more detail in NUREG/CR-3774. r Below-Ground Vaults: A below ground vault is any enclosed engineered structure built at least partially below the original surface of the earth and used for disposal of low-level radioactive waste. No portion of the structure would protrude above the final surface grade. A below ground
> vault could be fabricated from the engineering materials discussed below
/ for above ground vaults. The vault could be built with engineered walls and roof; the floor could be natural soil or rock, treated soil or rock, j or engineered materials. The vault, as an integrated structure, also has the characteristic of limited access to its interior space, such as a doorway or portal or hatch opening. Operational access to the vault from the surface may be in the form of an excavated ramp, which is built and
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then covered over at closure. During operations, however, the vault may have more extensive access, depending on its design. See Volume 2 of
! NUREG/CR-3774 for a more complete description of variations in conceptual design and operation of below ground vaults.
Above-Ground Vaults: An above ground vault disposal unit is an engineered structure or building with floor, walls, roof, and limited access openings on a foundation near the ground surface. At least some portion of the structure would be above the final postclosure surface grade. The vault would be built from engineered structural materials. Fabrication could be of masonry blocks, fabricated metal shapes, reinforced cast-in place or sprayed concrete, pre-cast concrete, or plastic or fluid media molded into various solid shells. All of these materials have been used to construct
{ vaults. There are no existing regulatory constraints on material selec-
[ tion or shape of the vault as long as it can be demonstrated by the -
license applicant that the performance objectives of 10 CFR 61 can be achieved. See Volume 3 of NUREG/CR-3774 for a more complete description
- ,of variations in conceptual design and operation of above ground vaults.
Earth-Mounded Concrete Bunkers: The design of earth-sounded concrete i, bunkers may include the features of trenches, below ground vaults, and earth mounds. This disposal method may also rely on mandatory requirements i
on waste form or site operation, such as specialized packaging and encap-sulation. The basic design of an earth-mounded concrete bunker currently i used in France segregates wastes according to level of radioactivity.
Wastes with higher levels of radioactivity are embedded in concrete below
! ground. Waste packages with lower levels of radioactivity are emplaced above ground at natural grade in earthen mounds (tumli). Thus, an earth-mounded concrete bunker may involve both above ground and below ground NUREG-1241 6 l
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construction, and may include waste encapsulation and backfilling with both concrete and earth. See Volume 4 of NUREG/CR-3774 for a more complete description of variations in conceptual design and operation of earth mounded concrete bunkers.
Shaft Disposal: The term " shaft disposal" refers to a near-surface disposal alternative in which wastes would be disposed of in shafts or boreholes augured, bored, or sunk by conventional construction methods. The shafts could be lined or unlined and of various sizes. Lining could be concrete, metal, or other suitable structural material. See Volume 5 of NUREG/CR-3774 for a more complete description of variations in conceptual design, use, and operation of shaft disposal.
Mined Cavity: The term " mined cavity" for the purpose of this discussion
, includes enclosed cavities developed in the removal of natural resources.
Open pit mines and surface mines are excluded from consideration. Nines vary greatly in geologic setting, types of excavation, and manner of
, resources extracted. See Volume 6 of NUREG/CR-3774 for a more complete description of the mined cavities.
! If specific disposal facility designs are brought to the NRC for evaluation, the NRC staff will provide prelicensing guidance to help ensure that key issues i'
will be identified and resolved before licensing and that-NRC's regulatory requirements are incorporated into the applicant's program. However, until such time as detailed technical information on designs is submitted, the NRC staff believes that regulatory guidance must be sufficiently general to avoid placing unnecessary constraints on the development of new design concepts. The
. nature of any new NRC regulatory requirements will be based on the extent to
!. which an individual proposed disposal design is shown to conform to the exist-ing technica1' requirements of 10 CFR 61 or is compatible with meeting the per-
, formance objectives set out in 10 CFR 61 when combined with other components of the disposal system.
lhe following general guidance is prosided for features and characteristics of
! various alternative disposal concepts that may present problems in demonstrat-
- ing compliance with the 10 CFR 61 performance objectives. Requirements to
- reassess and potentially modify other components of the disposal system are also discussed. This guidance is intended to assist waste disposal engineers, i license applicants, and States in identifying a preferred waste disposal design.
! 3.5 Design Considerations Land disposal facilities must be sited, designed, operated, closed, and con-trolled after closure to achieve the performance objectives set forth in Sub-l part C of 10 CFR 61. The combination of performance objectives and technical 8,
requirements establishes a systems approach to waste disposal. The components of the " system" include the site and its characteristics, the facility and j disposal unit design, the waste, facility operations and closure, intruder i barriers, and institutional controls. Environmental monitoring is used to assess the system's performance. Reliance is not placed on any one component of the system. Rather, all interact in achieving the performance objectives.
Design of the facility and disposal units plays an important role in the per-formance of the waste disposal system.
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Sitina: The disposal site suitability requirements of 10 CFR 61.50 are minimum common sense requirements and apply to siting of all near-surface alternative disposal methods. The first critical step, as with any dis-posal facility, is to select a site where natural conditions favor disposal.
Engineered structures and barriers should not be viewed as a planned sub-stitute for a suitable site. Rather, in conjunction with other disposal 4
system components, the engineered features should offer enhanced confidence in protection for the public and environment.
Thus, States are encouraged to proceed expeditiously with their disposal siting programs while NRC develops supplemental standard format and con-tent guidance and standard review plans for alternative methods.
Design of Disposal Units: The disposal site design requirements of 10 CJR 61.51 are sufficiently flexible to apply to alternative disposal methods that fall within the first four concepts described in Section 4 of this statement, mined cavities excluded. Although little experience con-i cerning waste disposal in engineered structures is available, the tech-nology exists to construct buildings and structures that will last for centuries. There are structures in use today that were built hundreds and even thousands of years ago. However, procedures are not well developed for obtaining assurance that structures will be left alone or will survive intact over the period required to safely isolate emplaced wastes from the human environment after the loss of institutional controls. Designs that actively rely on engineering should be evaluated for deterrence of intru-sion and also the consequences of intrusion and failure of the structure sooner than expected.
! Waste retrievability is not required or prohibited by 10 CFR 61. If waste retrievability is proposed as a design feature, several important factors should be considered. Retrievability should not compromise or otherwise lessen the ability of the combined features to meet the performance objec-tives of 10 CFR 61. The designer should be sure that retrievability mea-
' sures do not result in increased problems in protecting the inadvertent intruder.
Waste Classification: Existing concentration limits for Class A, B, and C wastes are based on associated waste form and other components of the system to determine critical pathways. Certain disposal methods and asso-ciated operations may not accommodate all classes of LLW or parts of one or more classes. An alternative waste classification system may be proposed by the applicant because of the types of waste generated within the region served by the proposed facility, the specific design of disposal units, or other factors. The applicant may propose a waste classification system different from that described in 10 CFR 61.55, provided the system is compatible with the performance objectives of 10 CFR 61 and the concentra-tions of radionuclides in the system proposed do not exceed the values specified in 10 CFR 61.55 for Class C waste. Alternatives to current waste classification requirements can be considered under the flexibility allowed in 10 CFR 61.58. However, alternative waste classes have the potential to confuse waste generators. The staff believes that using other options such as more restrictive waste forms or packaging or alter-native emplacement methods would minimize confusion on the part of waste generators.
k Intruder Barrier: 10 CFR 61 requires that Class C waste be disposed of in such a manner that the top of the waste is a minimum of 5 meters below the top surface of the cover over the waste or that intruder barriers are included that are designed to protect against an inadvertent intrusion for at least 500 years (10 CFR 61.42 and 61.52). Alternative disposal methods should provide a level of protection for the inadvertent intruder equivalent to the existing requirements.
Waste Characteristics: The minimum requirements on waste characteristics specified in 10 CFR 61.56(a) will apply for alternative disposal methods.
The applicant may use flexibility in conforming to the stability require-ments in 10 CFR 61.56(b)(1) if waste stability is to be provided by the engineered structure in which the waste is emplaced. However, proposed designs may need more stringent minimum waste forms or packaging to protect
- workers or design features to accommodate planned operations (e.g., weight or size limits). Supplemental requirements should be reasonable enough
, so that generators and processors can be relied on to comply with the requirements. Alternatives to current waste characteristics requirements can be considered under 10 CFR 61.58.
Facility Operations and closure: The requirements for facility operations and closure in 10 CFR 61.52 will be applied to the first four alternative disposal methods described in this statement. The specific application of the individual requirements may vary with a particular alternative dis-posal design. Worker exposure and safe operations should obviously be a factor in developing operational programs or procedures and closure plans.
Volumes 2 through 5 of NUREG/CR-3774 contain a more complete explanation and discussion of the individual requirements of 10 CFR 61.52 and their application than is included in this technical position.
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Environmental Monitorino: The requirements for monitoring specified in 1
10 CFR 61.53 will apply for the first four alternative disposal methods.
- The specific parameters to be monitored and the measurements and observa-
' tions to be made may vary significantly between below ground and above-i ground disposal units and, for above ground units, between earth-covered and uncovered units. Provisions for monitoring should be included in design considerations.
Institutional Requirements: The land ownership and institutional control requirements of 10 CFR 61.59 will apply to alternative disposal methods.
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be modified by license to accommodate some engineered structure disposal concepts, such as those built above ground without cover. For example, '
the wastes may be more readily available for exposure, so additional con-trols and a more comprehensive program to exclude the public from the site during the active institutional control period may be necessary.
10 CFR 61 provides that active institutional controls cannot be relied on for more than 100 years. 10 CFR 61 does not prohibit longer periods of active controls. However, longer periods should only provide additional assurances and should not be necessary to ensure long-term performance.
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SUMMARY
I In summarizing this statement, the following points highlight the major points presented in this technical position:
10 CFR 61 establishes the framework for licensing land disposal of low-level radioactive waste. It may be used to license any land disposal method, including those that use engineered barriers or structures.
The Low-Level Radisactive Waste Policy Amendments Act of 1985 establishes schedules for the development of licensing procedures and technical guid-ance. Two major milestones that must be met are (1) the identification of methods of disposal other than shallow land burial and the establishment and publication of guidance regarding the use of such methods by January 1987, and (2) the publishing of technical information regarding such alter-native methods by January 1988. An additional requirement is to establish procedures and to develop the technical capability to complete the review of a license application within 15 months of receipt by January 1987.
The NRC has already met the first milestone by (1) publishing this final technical position, which identified five alternative concepts, and
- (2) publishing the six-volume NRC contractor report, NUREG/CR-3774.
The second milestone will be met by publishing in January 1987 technical information regarding alternatives in the standard format and content guide (NUREG-1199) and the standard review plan (NUREG-1200), which are currently being developed for shallow land burial.
Over the coming year, the NRC will focus on alternative methods that util-ize cementitious materials with earthen cover (for example, below ground vaults and earth-sounded concrete bunkers). NRC will expend minimal resources on above ground vaults or mined cavities.
The NRC encourages standardization because that will foster more efficient
, use of limited resources and thus will result in safe and environmentally i
sound disposal with significant time savings.
Prelicensing consultation with the States, regional compacts, and other interested parties will continue. This will include the ongoing Outreach -
Program and regional workshops. In these and other forems, such as this one, the staff will be interested in receiving feedback on its plans.
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NUREG-1241 10
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5 REFERENCES g
Low-level Radioactive Waste Policy Amendments Act of 1985 (Public Law 99-240)
Code of Federal Regulations. Title 10, " Energy," U.S. Government Printing Office, Washington, DC, 1986.
U.S. Nuclear Regulatory Commission, " Licensing Requirement for Land Disposal of Radioactive Waste," Federal Register, Vol. 46, No. 142, pages 38031-38089, July 24, 1981.
-- , NUREG-1199, " Standard Format and Content of a License Application for a Low-Level Radioactive Waste Disposal Facility," to be published.
-- , NUREG-1200, " Standard Review Plan for Review of a License Application for a Low-Level Radioactive Waste Disposal Facility," to be published.
-- , NUREG/CR-3774, " Alternative Methods for Disposal of Low-Level Radioactive
'g 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; Vol. 6, " Task 2d: Technical Requirements for Mined Cavity Disposal of low-Level Radioactive Waste," October 1986.
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NUREG-1241 11 l
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APPENDIX A PUBLIC LAW 99-240 LOW-LEVEL RADI0 ACTIVE WASTE POLICY AMENDMENTS ACT OF 1985 f
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99 STAT.1842 PUBLIC LAW 99-240-JAN.15,1986 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1843 C
y Public Law 99-240 "(5) COMPACT COMMtssION.-Ihe term
- Compact Commission' o 99th Congress means the regional commission, committee, or board estab.
). An Act lished in a compact to administer such compact.
w "(6) compact asCION.-The term ' compact region
- means the To amend the to tmel Itadianctiw Weste PWicy Act to innprow We rm area consisting of all States that ara members of a Compact.
{ emplantate er compacts providing for the establishment and operation or "(7) DisPo8A1.-b term
- disposal
- means the permanent Jan.1E 1986 r,cians' disposal racilit roe ie.4e et radia.cti . isolation of low-level radioactive waste pursuant to the require-gn g, mj ,; t. gr.n 3, con.,n or the Congnw entain inter,t. , compacts on so.acwi r.dienctiw oute: and for menta established by the Nuclear Regulatory Commission
- h" I" Pee. under applicable laws, or by an agreement State if such isola-Be it enacted by the Senate and House of Representatives of the ited States ofAmerica in Congress assemWf-
"to "low-level 8bs - ter g n mte', when used in relation radioactive waste, means to produce low-level radio, gg TITLE I-IX)W-LEVEL RADIO ACTIVE WASTE POLICY AMENDMENTS ACT OF 1985
( 71 izygL mADIOACME WAsM. 'Ihe term
- low-level radioactive waste' means radioactive material that-w.,i, Poh,,
Amendments "(A) is not high-level radioactive waste, spent nuclear SEC 198. SHORT TITI.E. fuel, or byproduct material (as defined in section lle.(2) of
^2 nos,.
inn This Title may be cited as the %w-level Radioactive Waste the Atomic Energy Act of 1954 (42 USC. 2014(el(2)J and Policy Amendments Actof1985". "(B) the Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph (A), classi-SEC,102. AMENDMENT TO THg IA)W.t.EVEL RADIOACTIVE WASTE pot. ICY fies as low-level radioactive waste.
ACT- "(10) NoNarrrED COMPACr asCloN.-b term 'non4ited com-42 Usc The Iow-Level Radioactive Waste Policy Act (42 U.S C. 2021b et pact region' means any compact region that is not a sited g20214- s,eq.) s amended by striking out sections I,2,3, and 4 and inserting compact region. .
in lieu thereof the follcwing: "(11) RecIONAL DISPOSAL FACItJTT.-b term , regional dis-posal facility' means a non-Federal low-level radioactive waste 3 y 221b "SMON I. SHORT TITLE. disposal facility in operation on January 1,1985, or sutme-
"Ihis Act may be cited as the 'Iow-level Radioactive Waste quently established and operated under a compact.
H Policy Act'. "(12) SscarrAn?.-b term ' Secretary' means the Secretary 42 USC 2021b. "SEC. 2. DEFINITIONS CoMPACr asCIOR 'Ib term ' sited compact region' kuth Carchne
)
- For purposes of this Act: means a compact region in which there is located one of the Washmatan "1I) AcarrwsNT STATE.-b term ' agreement State' means a regional dispinal facilities at Barnwell, in the State of South N eeds 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) STATz.-The term ' State' means any State of the United Energy Act ofl954 (42 USC.2021); and States, 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. .SEC 3. RESPONSIBlWTIES FOR DISPOSAL OF IAJW-LEVEL RADIOACTIVE 42 USC 2021c.
"(2) AIJoCAT!oN.-The term allocation
- means the assign
- WASTE.
ment of a specific amount oflow-level radioactive waste disposal capacity to a commercial nuclear power reactor for which access "SECrION 3(al(l) start RusPoNsiartirina-Each State shall is required to be provided by sited States subject to the condi-resp nsible for providing, either by itself or in cooperation ith w be tions specified under this Act. other States, for the disposal of-
"(A) low-level radioactive waste generated within the State
"(3) CowwraCIAL NUC12Aa PoWEa mEACrom.-The term (other than by the Federal Government) that consists of or
' commercial nuclear power reactor' means any unit of a civilian contams class A, B, or C radioactive waste as defined by section light-water moderated utilization facility required to be licensed E55 of We M. Code of Rderal Regulations, as in erect on under section 103 or 104b. of the Atomic Energy Act of 1954 (42 January 26,1983; USC. 2133 or 2134(b)). "(B) low-level radioactive waste described in subparagraph ( A) ve i.
"(4) COMPACT.-The term ' compact' means a compact entered that is generated by the Federal Government except such waste inte by two or more States pursuant to this Act. that is-
"(i) 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
i.i 99 STAT.1844 PUBLIC LAW 99-240-4AN.15,1986 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1845 c:
g Rewerth and d M cPRWnt
"(iii) owned or generated as a result of any remparch, "tF)an identification of any statutory authority required for o development, testing, or production of any atomic wtapon; disposal of such waste, e and "(4) The Secretary may not dispone of any radioactive waste Prosb.ima g "O low-level radioactive weste described in subparagraphs designated a Federal responsibility pursuant to paragraph (btitD) Re m
, (A) and (3) that is generated outside of the State and accepted that becomes a Federal responsibility for the first time pursuant to g.Pp 1% for disposal in 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-
-sw. 4. mHWAs. WACTS Mt DINAI, M WWmn RAM 42 W Mid
"(A) that is not low-level radioactive waste as defined by section 6155 of title 10. Cosie of Federal Regulations, m in effect ^ " * * "
or. January 26,1983, or "(a)IN GENEaAI.-
"(B) identified under the Formerly Utilised Sites Remedial "(1) FEDenAL PotJCY.-It is the policy of the Federal Govern-Action Program. ment that the responsibilities of the States under section 3 for A e.p tu43 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 s compact region from and effectively managed on a regional basis.
acceptmg for disposal any material identified in subparagraph (A) or "(2) INTEnstATE compacts.-Tu carry out the policy set forth (B). in paragraph (1), the States may enter into such compacts as
"(bXD The Federa.' Government shall be responsible for the dis- may be necessary to provide for the establishment and oper-posal of- ation of regional disposal facilitier for low-level radioactive
"(A) low-level radioactive waste owned or generated by the waste.
artment of Energy; "(b) APPlJCAalt. fry TO IEDERAt. AerivmEs -
Wumela Dep(B) low-level radioactive waste owned or generated by the
"(1) IN GENERAI.-
United States Navy as a result of the decommissioning of "(A) AcTivmas OF THE SECRrrARY.-Except as provided in Prohibtion vessels of the United States Navy; subparagraph (B), no compact or action taken under a 88==='6 and "O low-level radioactive waste owned or generated by the compact shall be applicable to the transportation, manage-d**8"a'at Federal Government as a result of any research, development, mert. or disposal of any low-level radioactive waste des-testing, or production of any atomic weepon; and ignated in section 3(aX1XB)(iHiii).
"(D) any other low-level radioactive waste with concentra- "(B) FEDEmAL imw-tzvEL mADloACr!VE wASrE DISPo8ED or 2, tions of radionuclides that exceed the limits established by the AT NoN-FEDERAL FACIIJTIEs.-I.Aw-level radioactive waste e
1' N Commission for class C radioactive waste, as defined by section owned or generated by the Federal Government that is 61.55 of title 10. Code of Federal Regulations, as in effect on disposed of at a regional disposal facility or non Federal January 26,1983- disposal facility within a State that is not a member of a p*ith.T
"(2) All radioactive waste designated a Federal responsibility compact shall be subject to the same conditions, regula-pursuant to subparagraph (bMIND) that results from activities h- tions, requirements, 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 Usc 2011 Energy Act of 1954, as amended, shall be disposed of in a facility a-
facility is located, in the same manner and to the same licensed by the Nuclear Regulatory Commission that the Commis- extent as any low-level radioactive waste not generated by Report sion determines is adeguate to protect the public health and safety. the Federal Government.
"(3) Not later than I months after the date of enactment of this "(2) FEDEmAL :Dw-L.EVEL RADIOAcrIVE WASTE Disposal FACItJ- Prohikteon Act, the Secretary shall submit to the Con a comprehensive Ties.-Any low-level radioactive waste disposal facility estab-report setting forth the recommendations of Secretary for ensur- lished or operated exclusively for the disposal of low-level mg the safe disposal of all radioactive waste dm'anated a Federal radioactive waste owned or generated by the Federal Govern-
, responsibility pursuant to subparagraph (bXIXD). Such report shall ment shall not be subject to any compact or any action taken include- under a compact.
"(A) an identification of the radioactive weste involved, "(3) ErrEcr oF COMPACTS ON FEDERAL 1Aw.-Nothing con- Prohitution including the source of such waste, and the volume, concentra- tained in this Act or any compact may be construed to confer tion, and other relevant characteristics of such waste-, any new authority on any compact commission or State-
- (B) an identification of the Federal and non-Federal options "(A) to regulate the packaging, generation, treatment, Trenepartation i for* disposal of such radioactive weste; storage, disposal, or transportation of low-level radioactive Regulatme
. C a description of the actions proposed to ensure the safe waste in a manner incompatible with the regulations of the disposal of ouch radioactive weste; Nuclear Regulatory Ccmmission or inconsistent with the
]
- JD) a description of the projected costs of undertaking such lations of the Department of Transportation; actions; B) to reEulate health, safety, or environmental hazards Health.
"(E) an identification of the options for ensuring that the from source material, byproduct material, or special nu. Isaty ""'"
beneficiaries of the activities resulting in the generation of such clear material; j radioactive westes bear all reasonable costa of dis;'osing of such "O to inspect the facilities of licensees of the Nuclear
- wastes; and Regulatory Commission;
g 99 STAT.1846 PUBLIC LAW 99-240-JAN.15,1986 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1847
- n
"(D) to inopset escurity areas or tions at the site or referred to in paragraphs (D through (3) of subsection (b)
- " *ad S lC l " ""=nt
',8M* the generation of any low-level 've geste by the Federal Government, or to inspect clannified information and located in the sited compact region in which such waste
> related to such aress er operations; or - is g(enerated.Any B) State in which a regionsI d'I facility '
- "(E) to require indsmaification pursuant to the provisions referred to in paragraphs (1) through (3) of su tion tb) is
- of chapter 171 of title 28, United States Code (commonly located may, subj'ect to the provisions'of its compact, pro-2eUsc2st ,e referred to as the Federal Tout Claims Act), or esetion 170 of hibit the disposal at such facility of low-level radioactive
- 'e the Atomic Energy Act of 1954 (42 U.S.C. 2210)(commonly waste generated outside of the compact region if the dis-referred to as sne Price-Anderson Act), whichever is posal of such waste in any given calender year, together applicable. with all other low-level radioactive waste disposed of at Pmhibite "(4) FEDenAL AUTNoarrT.-Escept as expremely 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 radioactive waste in esecas cf 100 per centum of the dimmish or otherwise impair the jurisdiction of any Federni average annual volume for such facility designated in agency, or to alter, amend, or otherwise affect any Federal law subsection (bh Provided, Aosceper, That in the event that all governing the judicial review of any action taken pursuant to three States in which ' al d' I facilities referred to compact. in paragraphs (1) th (3) of ou ion tb)act to prohibit Pmhibition. any(5) SrATE AlfrplomrrY PassEaVED.-Escept as espresol pro, the disposal of low-le radioactive waste pursuant to this vided in this Act, nothing contained in this Act e:tpands, dimin. subperagraph, each such State shall, in accordance with inhes, or otherwise affects State law. any applicable procedures of its compact, permit, as nec-Pmhibition. ,'(c) RastaserED UsE or RaotoNAL DISPOSAL FAcIUrlse.-Any essary, the disposal 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 compskt to the disposal of low-level radioactive for each such facility designated in subesetion (b).
waste generated within the compact region shall not take effect "(C) Nothing in this paragraph shall require any disposal Pmhibition.
i before each of the following occure: 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 amounts designated in subsec-y "(d) CONoamasioNAL REvrEw.-Esch compact snail every 5 years after the compact has taken e5 set the
- that tion (b).
"(4) CassATsoN or ceEnAvioN or tow-tav3L mADloACT1vE Prohibition.
w may by law withdraw its consent. wAfrE Disposal PACIUTV.-No provision of this section shall be 42 Usc 2021. sEc. s LitIITED AVAILARil.ITY OF CERTAIN RECIONAI, DISPo8AI. rough (3 of s ion o low leve etive FACILITIES Dt RING TRANSITION AND UCENSING PEnIODS* waste from any source in the event that the regional disposal
,'(a) AvA LassuTT or DIseosAL CAPACrrT.- facility located in such State ceases operations. '
"(1) PanssumartD*wATEn AND soluMG wATElt mEACTOns.- "(b) LIMITATtoNs.-The availability of dispomaI capacity for low-Durmg the seven-year period beginning January 1,1986 and level radioactive waste from any source shall be subject to the e.ndmg December 31,1992, subjset to the provisione of subsec.
following limitations:
tions (b) through (g), each State in which there is located a "(1) BAnNwtt4 SOUTH CAnOIJNA.-The State of South Caro-regional disposal facility referred to in paragraphs (1) thr h lina, in accordance with the provisions of its compact, may limit (3) of subsection (b) shall make disposal capacity available or the volume of low-level radioactive waste accepted for disposal low-level radioactive waste generated by pressurised water and at the regional disposal facility located at Bernwell, South boilms water commercial nuclear power reactors in accordance Carolina to a total of 8,400,000 cubic feet of low-level radioactive with the a* locations established in subesetion (c). waste during the 7-ye.sr period beginning January 1,1986, and
"(2) OrwEn souness or low-tavEL mADeoACrfVE wAerE.- ending December 31, tw2 (as based on an average annual Durmg the seven-year period beginning January 1,1986 and volume of 1,200,000 cubic feet of low-level radioactive waste).
e.ndmg December 31,1992, subject to the provisions of subsec. "(2) RsCHLAND, wAsHINCTON.-The State of Washington, in tions (b) through (s), 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 submetion (b) shall make disposefcapacity availabNor the regional d low 4evel radioactive waste generated by any source not referred a total of 9,_isposaI facility uu0,000 cubic feet located of low-level at Richland, radioactiveWashington waste to to in paragraph (D. during the 7 yesr_ period beginning January 1,1986, and ending
"(3) AuoCATioN or DisFosAL CAPACITY.- December 31, Iwz (as based on an average annual volume of
"(A) During the seven-year period beginning January 1, 1,400,000 cubic feet of low level radioactive waste).
1986 and end',n6 December 31, 1992, Iowlevel radioactive "(3) BEATTY, 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 disponal at the rescional available disposal capacity at a regional disposal facility disposal facility located at Beatty, Nevada to a total of 1,m),000
w W
I
-o u i
t 99 STAT.1848 PUBLIC LAW 99-240-JAN,15,198f e PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1849 so
! cubie fect oflow-level radioactive weste during the 7-year period
@i begi:ining January 1,1986, and ending_Dscember 31,1992 (as paragraph is required to permit unusual or unenpected
- based on an average annual volume of 200,000 cubic feet of low- operating, maintenance, repair or safety activities.
level radioactave weste). "(B)The Secretary may not make allocations pursuant to Nhibiten.
y "(c)CoMManc As.Nue:JEAa Powan RaAcrom Atanc4Tiows.- subparagraph (A) that would result in the acceptance for
"(I) Ansouwv.-Subject to the provisions of subsectaone (a) disposal of more than 800,000 cubic feet of low-level radio.
through (g) each commercial nuclear power reactor shall upon active waste or would result in the total of the allocations i
- request reaeive an allocation of low-level radioactive weste made pursuant to this subsection exceeding 11.900,000 cubic disposal capacity (in cubic feet) at the facilities referred to in feet over the entire seven-year inte*im access period.
i subesetion (b) Juring the 4-year transition period beginning "(6) LIMITA rioN.-During the seven-year interim access N Nbit m
' . 31,1strJ, and during the period referred to in subsection (a), the disposal facilities
- January 3-year licensing December 31, I 1,19o6, and ending W January 1 1990
' beginning , ,
andthan ending referred to in subsection (b) shall not be required to accept more 11,900,000 cubic feet of low-level radioactive waste gen-i in an amount calculated multiplying the ersted by commercial nuclear power reactors.
appropriate number from the following table the number of "(d)(1) SuncHAnces.-The disposal of an 1 ive months remaining in the applicable period as determined under waste under this section (other than low ylevel low-level radioact.
l paragraph (2). radioactive waste i
' generated in a sited compact region) may be charg-1 a surcharge by the State in which the applicable regional dispoeml facility is located,
+7"=r Trea" tan PtM Syner Inonsins PtM in addition to the fees and surcharges generally applicable for j '3"' TM disposal of low-level radioactive waste in the regional disposal facil-In sie.d All Other In Seted AH 0:1,, ity involved. Except as provided in subsection (eH2), such surcharges NMbitm j assion imetions nasian tacetiene shall not exceed-
"(A) in 1986 and 1987, $10 per cubic foot of low-level radio-
$ $ $ 2ss (B)5n 9l18 and 1989, $20 per cubic foot of lowlevel radio-
, active waste; and a
"(C) in 1990,1991, and 1992, $40 prr cubic foot of low-level 3 "(2) Mernoo or catcut mow.-For purposes of calculating radioactive waste-
) A e
the aggregate amount of di=pa==1 capacity available to a "(2) Mitswrowe swcawTrvss.-
commercial nuclear power reactor under this subsection, the "(A) Eacaow Accouwr.-Twenty five per centum of all e
! charge fees received by a State pursuant to paragraph (1)durm,ur- s number of months shall be com the seven-year period referred to in subsection (a) shall be t
month of the applicable period,puted or thebeginning sixteenth with month theafter first receipt of a full power operating license, whichever ca:urs later. transferred on a monthly basis to an escrow account held by the ,
'-(3) UnussD AUACATioNs.-Any unused allocation under Secretary. The Secretarrshall deposit all funde received in a l
- paragraph (1) received by a reactor during the transition period special escrow account. Tne funds so deposited shall not be the period may be used at any time after auch property of the United States.The Secretary shall act, as trustee i'
or thereceives reactor licensing,ts i full power license or after the beginning of funds and shall invest them in interest-bearing United for such States Government Securities with the highest available yield.
the pertinent period, whichever is later but not in any event Such funds shall be held by the Secretary until-after December 31,1992, or after commen, cement of operation of
"(i) paid or repaid in accordance with subparagraph (B) or a r,egional disposal facility in the compact region or State in' (CF,or which such reactor is located, whichever occurs Tirst.
"(4) TaANsFraAstuTY.-Any ca... .e,cl.1 nuclear power reac- "(ii) paid to the State collecting such fees in accordance i
tor in a State or compact region that is in compliance with the with subparagraph (F).
j "(B) PAYMEN19.-
requirements of subsection (e) may assign any disposal capacity "(i) JULY 1.198e.-The twenty.five per centum of any allocated to it under this subsection to any other person in each i
State or compact region. Such assignment may be for valuable amount collected by a State under paragraph (1) for low-f consideration and afiell be in writing, copies of which shall be level radinactive waste disposed of under this section during filed at the affected compact commissions and States, along with the period beginning on the date of enactment of the IAW-
]
the assignor's unconditional written waiver of the disposal level Radioactive Weste Policy Amendments Act of 1985 Aare. p IH2.
t and ending June 30,1986, and transferred to the Secretary cap 5) (acity being assigned, UNUSUAL VOLUMES.- under subparagraph (A), shall be paid by the Secretary.in l
"(A) The Secretary may, upon petition by the owner or accordance with subparagraph (D) if the milestone de-i operator of any commercial nuclear power reactor, allocate scribed in subsection (el(IMA) is met by the State in which to such reactor disposal capacit such waste originated.
calculated under paragraph (1) if y in theexcess Secretary of the amount finds and "(ii) JANUAaY I,1988.-The twenty-five per centum of states in writing his reasons for so finding that making any amount collected by a State under paragraph (1) for ,
additional capacity available for such reactor through this low. level radioactive waste disposed of under this section during the period beginning July 1, 286 and ending Decem-t 1
1
y _
. M g}
- V.
.- n z 99 STAT 1850 PUBUC LAW 99-240-JAN,15,1986 PUBUC LAW 99-240-JAN.15,1986 c: 99 STAT.1851 E ber 31,1987, and transferred to the Secretary under such weste pursuant to clause (D, such State shall be paid such o by the subparagraph,(A), shall in accord. amounts as are designated in subparagraph (BRiv). If a State i .' ance wita __ _ . .M. tu beg) if the milestone ' bod in for, where applicable, a compact region) in which low-level I
w subosction (eXfMB),is met by the State in which such waste
!
- radioactive waste is generated provides for the disposal of such
- ori,ginated (or its compact region, where applicable). waste at any time after January 1,1998 and prior to January 1
, '(iii) JANUAaY t.19se.-De twenty-five per centum of 1996, such State (or, where applicable, compact regior.) shall be 3
any IO*- amount collected by a State under paragraph (1) for
' paid in accordance with subparagraph (D) a lump sum amount durm. level radioactive waste of under this section equal to twenty five per centum of any amount collected by a
- g the period beginn uary 1,1988 and ending State under paragraph (ik Providnf Acesewr, That such pay-a December St.1989, and to the Secretary under by the ment shall be adjusted to reflect the remaining number of subparagraph,(A),
ance with - shall bep) if in amord-the milestone months between January 1,1993 and January 1,1996 for which 5 __. . ,L w ' bed in subasetion ieXfMC),is anet by the State in which such waste such State (or, where applicable, compact region) provides for nated (or ita compact region,where applicable). the disposal of such waste. If a State (or, where applicable, a
- !p(iv) The twenty-five per centum of any amount compact region) in which low-level radioactive waste is gen-o ec e c ll td erated is unable to provide for the disposal of all such waste by a State under paragraph (1) for low-level radioactive waste generated within such State or compact region by January 1, beginnm,d=pn=aI g January 1,1990 of under this esetion during the period and 1996, each State in which such waste is generated, upon the December 31,1992, request of the generator or owner of the waste, shall take title and transferred to the Secretary subparagrah (A),
shall be paid to the waste, be obligated to take poessseion of the waste, and the Seentary in acooniance with subpara- shall be liable for all damages directly or indirectly incurred by
, graph (D) ir, b January 1,1993, the State in which such waste origina (or its compact region, where applicable) is such generator or owner as a consequence of the failure of the able to provide for the d State to take possession of the waste as soon after January 1, I of all low-level radioactive 1996, as the nerator or owner notifies the State that the waste waste senwated within suc State or mapact region. is available kr shipment.
.(C) Faituna to sess? JANUAaY t, t993 DaADUNE.-II. bY
"(D) Recureawn oF PAYMENTS.-The paymenta described in
! in w$i h level i dive waste is se ret a to d (C)shall be paid within thirty days after l > for the dispanni of all such weste generated within such '[h
"(D if the State in which such weste originated is not a l d, *(i) .b ' h Sta State in which such waste is
- '*"*'* "' generatedg. ""$;Nr$#'*",7g,$$h 3g such waN originated is a tN: waste sheb obl tah ( member of the compact region, to the compact commission the waste, and shall be liable for all damages directly or , envingsuch te.
i I gth I"*" by auch '
ure gt tab dg *i 1 rra n amount prid under subpara-j waste as soon after January 1,1993 as generator or graphs (Blor(C)mayoni be used to ,
own.er notifies the State that the waste is available for ~IN. establish I level radioactive waste disposal ment;or facihties:
shy (ii) if such State elects not to take title to, take posses. "(ID ,mitigate 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 "IUU "8"I***' low-level radioactive waste disposal 1
by a State under paragraph (1) for low-level radioactive facilitim; w I waste dispasad of under this section during the period "(IV) ensure the decommu, es,om,ng, closure, and care beginning January I 1990 and ending December 31,1992 during the period of institutional control of low-level
{ shall be repaid, with Interest, to each generator from whom radioactive waste disposal facilities.
1
- such surcharge was collected. Repayments made pursuant ,*(ii) Raroan.-
to this clause shall be made on a monthly basis, with the "(U first such repayment beginning on February 1,1993,in an receivm.Reciessut.-Any g a payment under State or compact commision subparagraphs (B) or (C) amount equal to one thirty 4inth of the total amount re.
' shall, on Ibcember 31 of each year in which any such 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, corupact of EnerzY itemizing any such expenditures.
region) in which such low-level r==8'anctive waste is gen. "(II) Dep4aturwr or ausscV.-Not later than ,s,x i bporta
- ersted is able to provide fo- the disposal of all such waste months after receiving the reporta under subclause (D.
generated within such State or com the Secretary shall submit to the Congress a summary January 1,1996,whicheverisearlier. pact region or until of all such reports that shall melude an assessment ,0f If a State m which low-level radioactive waste is generated the compliance of each such State or compact commis-
, tiects to take title to, take I-= ion of, and assume liability for sion with the requirements of clause (D.
4 l
1 i
'Y 7 m .
PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1853 E 99 STAT.1852 PUBLIC LAW 99-240-JAN.15,1986 x
submission to the Nuclear Regulatory Commission or
$ "(F) PArwswr to srArss.-Any amount collected by a State an Agreement State.
8 under paragraph (1) that is placed in escrow under subpara-
~
graph (A) and not paid to a State or compact commission under "to By JANUARv s.1990.-
y "til a complete application (as determined by the d subparagraphs (B) and (C) or not repaid to a generator under .
subparagraph (O shall be paid from such escrow account to Nuclear Regulatory Commission or the appropriate such State collecting such payment under paragraph (1). Such agenry of an agreement Statet shall be filed for a payment shall be made not later than 30 days after a deter- license to operate a low-level radioactive waste disposal mination orineligibility for a refund is made. facility within each non-sited compact region or within Proatm "(G) PswALTv sUaCHAaGus.-No rebate shall be made under each non-member State;or this subacetion of any surcharge or penalty surcharge paid "tiin the Governor tor, for any State without a Gov-
! during a period of noncompliance with subsection (el(l). ernor, the chief executive officer) of any State that is
"(e) RaStnasuswvs rom Acesas to RecONat. DiscosAs. FACIU- not a member of a Compact region in compliance with
! Tras - clause (it or has not complied with such clause by its
- 11) ReqUtanwENvs Pos NOM 4ETs0 CosseACT asGIONs AND NON- own actions, shall provide a written certification to the usussa srATus.-Each non-sited compact region, or State that Nuclear Regulatory Comminsion. that such State will a
i 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 l
> requirements: radioactive waste generated within such State and
"(A) By July 1,1986, each such non-rnember State shall requiring disposal after December 31,1992, and include ratify compact legislation or, by the enactment of legista- a description of the actions that will be taken to ensure tion or the certification of the Governor, indicate its intent that such capacity exista.
to develop a site for the locaticn of a low-level radioactive "(D) By January 1,1992, a complete application tas deter-waste dupmal facility withm such State. mined by the Nuclear Regulatory Commission or the appro-1B) BY JANUARY 1,1594.- Driate agency of an agreement State) shall be filed for a
"(i) each nongited compact region shall identify the license to operate a low-level radioactive waste diec6a1 State in,which its low-level radioactive waste dis I facility withm each non sited compact region or within each facility is to be located, or shall have sel the non-member State ~
! > developer for such facility and the site,to be develo - , "(D The Nucienr Regulatory Commission shall transmit Federal Rmater, cn and each compact rwon or the State m which ita any certification received under subparagraph (O to the P*!a
- level radioactive waste disposal facility is to be located Congress and publish any such certification in the Federal shall develop a sitmg plan for such facility providing R ister.
detailed procedures and a schedule for , establishing a %F) Any State ma , subject to all applicable provisions,if contreets-l facility location and preparing a facility hcense apphca- any, of any applica le compact, enter into an agreement tic 43 and shall delegate authority to amplement such with the compact commission of a region in which a re-
' Ei onal disposal facility is located to provide for the disposa fiil each non-member State shall deve a siting of all low-level radioactive waste generated withi,n suc plan ing detailed procedures and a ute for State, and by virtue of such agreement, may, with the ish fac approval of the State in which the regional disposal facility
' icense appi tio o ow- evel oncti e a is located, be deemed to be m compliance with subpara-disposal facility and shall delegate authority to imple- graphs (AA (BL(C), and (DL ment such plan;and
- (iii)'Ihe siting plan required pursuant to this para, "(2 WEN ALTlas Pos FAILURE TO COMPLY.- ,
"(A) By Jut.y 1, 986.-If any State fails to comply with graph shall include a description of the optimum way subparagraph (ll(Al-to attain opration of the low-level radioactive waste i dis I facility involved, within the time period speci- ."(i) any generator of low-level rau,n,osct,ve waste TEthis Act Such plan shallinclude a description of withm such region or non member State shall, for the the objectives and a sequence of deadlines for all enti- period beginning July 1.1986, and ending December 31, 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 i
"(
the activities in which a delay in the start, or comple- act.iin on orgenerated ive waste after January 1.1987, wqhin such regionany low-level rad,o-or ,non-tion, facilityof operation.
such activities Suchwill plancause shallaalso delab- intify, beginning to the member State, may be denied access to the regional disposal facilities referred to in paragraphs (1) throvgh extent practicable, the process for (1) screening for (3r of oubsection (bl.
broad siting areas;(2) identifying and evaluating spe- "tBi BY JANUAaY 1, 1988.-If any non-sited compact cific candidate sites; and (3) characterizing the pre. region or non-member State fails to comply with paragraph ferred site (st completing all necessary environmental assessments, and preparine a license application for (IRB)-
, w ,
I z 99 STAT.1854 PUBUC LAW 99-240-JAN.15,1986
- c: PUBUC LAW 99-240-JAN.15,1986 99 STAT.1855
=c 1 y *(
.i withm} any generator of low-level radioactive waste "(A) The States of South Carolina, Washington, and Nevada south c.roim.
1 : such region or non-membe-State shall- may require information from disposal facility operators, Washmston-4 -
- (D for Jie period *ani i
y and ending June 30 I be January 1,1988, 2 tirees the generators, intermediate handlers, and the Department of N"*d' Energy that is reasonably necessary to monitor the availability j
surcharge otherwies applicable under subsection (d);and of disposal capacity, the use and assignment of allocations and 1
the applicabihty of surcharges.
"(II) for the period begin'ning July 1,1988, and "(B)1he States of South Carolina. Washington, and Nevada south caroim.
ending December 31,1988, be energed 4 times the may, after written notice followed by a period of at least 30 Washincten.
1 surcharge otherwise applicable under subsection (d);and days, deny access to disposal capacity to any generator or N"*d"-
1 intermediate handler who fails to provide information under "fii) on or aAer January 1,1989, any low-level radio, subparagraph tM active waste generated within such region or non- "tC) PaorassTAaT INrostwATIoN.-
member State may be denied ==== to the %I "(i) Trade secreta, proprietary and other confidential di=pa-al facilities referred to in paragraphs (1) t!g information shall be made available to a State under this (3)of submeetion (b). subsection upon request only if such State-
"(C) BY JANUAaY 3, 199s.-If any recendted compact "(D consents in writing to restrict the dissemination region or non-member State fails to comply with paragraph of the information to thcae who are directly involved in
] (INCL, any low-level radioactive waste generated within monitoring under subparagraph (A) and who have a
! such region or non-member State sney be denied access to need to know; i the reonal disposal facilities referred to in paragraphs (1) "(II) accepta liability for wrongful disclosure; and through (3)of subsection (b).
- "(III) demonstrates that such information is essential
"(D) BY JANUAaY I, 3993.-If any non4ited Compact t a ch monitoring.
i region or non-member State fails to comply with paragraph "(ii)'Ihe United States shall no' he liable for the wrongful (111D), any generator of low-level radioactive waste within se sum h any endividual or State of any information such region or non-member State shah for the period Provided to such mdividual or State under th,si subsection.
beginning January 1,1992 and ending upon the filing of the "(iiil Whenever any mdividual, or State has obtamed Prohmeion application described in ph (1)(D), he ha ' pa===== ion of information under this subsection, the individ- Cennment
> times the surcharge otherwise pplicable under subsecti ual shall be subject to the same provisions of law with e Prohet=n (d).
respect to the disclosure of such information as would apply "$"48*" *"d Commerce and
" "(3) DuNiAt.or Accums.-No den
- I to an officer or emplo trad#
regional disposal facility under pa y be based on department oragency tbee of the United States or of reof and the State shall be subject any the source, class,or type oflow-level rad * "". **888- to the same pensmns of law with respect to the disclosure
!' "(4) RsmaArm or susemoso accomm; PENAE. TIES 70R fab of such information as would apply to the United States or una to masrLY.-Any access to a regional disposal facility that any department or agency thereof. No State or State officer l s or employee who receives trade escrets, proprietary nonsi under paragraph (2) shall be restored after the I
3,,,"*e"a com ngion or non-member State involved com- information, or other confidential information under this 4
Plies with Act may be required to disclose such information under
] alties pursuant to paragraph (2) for failure to comrequirement. y with the Any payment Stateoflaw surcharge pen-
! mqmmments of subsection (e)shall "(g) NoNDisCalMINATIoN.-Encept as provided in subsections (b) j sited compact region or r : n._,be terminated the non- thr h (e), low-level radioactive waste disposed of under this see-with such requirements. State involved complies tion i
ag 11 be subject without discrimination to all applicable legal
! as a A .-Each State and compact commission in requirements of the compact region and State in which the disponrd facili l which a regional disposal facility referred to in paragraphs (1) erste[t within is located suchas if suchregion.
compact low-level radioactive waste were gen-through (3) of subesction (b) is located shall have authority-
"(A) to monitor compliance with the limitations, allocations, -sEC.S. m m p CYACCE88.
and requirements established in this section; and n tfsc mir
'(B) to deny access "(a) IN GeNan41 -The Nuclear Regulatory Commission may Heatt h waste d radioactm,isposal es facilits,to any within its borders to any low-levellow-levelgrant non-Federal emergency access to any regional disposal facility or non- S*t y radioactive Federal disposal facility within a State that is not a member of a I * "* ""d
, waste that-
- (i) isininthis excess of the limitations or allocations estab- compact for specific low-level radioactive waste, if necessary to 7"j 4
lished section;or eliminate an immediate and aerious threat to theyblic health and "fii) as not required to be accepted due to the failure of a safety or the common defense and necurity. ane procedure for granting emergency access shall be as provided in this section.
compact reon or State to comply with the requirements of "(b) Request rom EmancrNc7 Acesss -Any generator of low-level
! subsection (eXIL 1 radioactive waste, or any Governor (or, for any State without a
"(2) AVAILAaltJTY or INronMAftoN Dua:No INTaniu Axans Prason- Governor, the chief executive ofTicer of the Statet on behalf of any generator or generators located in his or her State, may request that 1
M Q
99 STAT.1856 PUBUC LAW 99-240-JAN.15,1986 PUBUC LAW 99-240-JAN.15,1986 99 STAT.1857 W the Nuclear latory Commission - access to a
$ regional d' facility or a non- ntd =pa==
...-. I...;$lity fac within a level radioective waste granted emergency access and the State in a State that is not a member of a for specific low-level which such low-level radioactive waste was generated have dili.
~
radiometive waste. Any such request I contain any information gently though unsuccessfully acted during the period of the initial
$ and certifications the Nuclear Regulatory Commission may require. grant to eliminate the need for emergency access. Any extension
- He.teh *(c) DuTunurwarsow or Nucuman Recuumoer Coesusassow.- granted under this subsection shall be for the minimum volume and safetF "(1) Ragtname sevenesusassow.-Notlater than 45 days after duration the Nuclear Regulatory Commission finds necessary to Nf="ad receiving a request under -h===*iasi (b), the Nuclear Regu-
- eliminate the immediate threat to public health and safety or the
."*" ",/ latory Cor==- shall detersmae whether- common defense and security, and shall not in any event exceed 180
"(A) emergency acosas is because of an imene- days.
diete and serious threat to the publ health and safety or "(f) RacicacCAn. ACCass.-Any compact region or SYe not a the casamen defense and and member of a compact that provides emergency access to r.on Federal
"(B) the threat cannot be me tad by any alternative disposal facilities within its borders shall be entitled to reciprocal consistent with the public heal and anfety, including aceees to any subsequently operating non-Federal disposal facility storage of low-Inet radaa=Mave waste at the site of re-tion or in a storage facility -_-- that serves the State or compact region in which low-level radio-
- access to a impa==l active waste granted emergency access was generated. The compact facility by voluntary agreement, purcitesing dispa=al capac. corn mission or State having authority to approve importation of low.
Aere. p legs sty evadable for assignment pursuant to section 5(c) or ceasing activities that generate low-level radaa= dive waste. level radioactive waste to the disposal facility to which emergency
- 72) Raquase wnricarmw-If the Nuclear Regula access was granted shall designate for reciprocal access an equal i Comm,ssion makes the determinations required in paragra i
volume of low-level radioactive waste having similar characteristics (1) in the affirmative, it shall designate an te non- ** that provided emergency access.
Federal di=pa==I facility or facilities, and notily'the Governor 10 Aremovat av CourAct Couuisssow.-Any grant of access (or chief esecutive officer) of the State in which such facility is under this section shall be submitted to the compact commission for located and the "' #;A co opect -_ ~ ~ _ that emer- the region in which the designated disposal facility is located for gency access is red. Such notificatson shall specifically such approval as may be required under the terms of its compset.
describe the low- radioactive waste as to source. physical Any such compact commission shall act to approve emergency and radiological characteristica, and the minimum volume and access not later than 15 days after recem,ng notification from the duration, not escoeding 180 da mar ===ary to alleviate the Nuclear Regulatory Commission, or reciprocal access not later than 3 immediate threat to ic hee and anfety or the common 15 days after recemng notification from the appropriate authority a Nhstion defense and security. Nuclear Regulatory Commission shall under subsection (f).
m also notify the Governor (or chief esecutive officer) of the State "th) Lim TAftoNs.-No State shall be req aired to provide emer- Nhat.one in which the low-level radioactive waste regiring emergency gency or reciprocal access to any regional disposal facility within its access was generated that emergency =~=== has beers granted borders for low-level radioactive waste not meeting criteria estab-and that, pursuant to subsection (el, no estension 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
~ of theinitialgrant. closing of any such facility pursuant to plans established before Henith *( TsuPonART Eusacancy Acessa.-Upon determining that receiving a request for emergency or reciprocal access. No State Met t emergency access is necessary because of an immediate and serious shall, during any 12-month period, be required to provide emergency threat to the public health and safety or the common defense and or reciprocal access to any regional disposal facility within its
[Z,, *"d
-, security, the Nuclear Regulatory Commission may at its discretion borders for more than 20 percent of the total volume of low-level access, pending its determination radioactive waste acce grant whether temporary the threat emergency could be mi ,tigated by any alternative consistent previouscalendaryear,pted for disposal at such facility during the with the public health and safety. In granting access under this "(i) Voi.uus Raouction Awo SunewAnces.-Any low-level radio-subsection, the Nuclear Regulatory Commission shall provide the same notification,and information required under subsection (et active waste delivered for disposal under this section shall be re-Absent a determmation that ne alternative aneistent with the duced in volume to the maximum estent practicable and shall be public health and safety would mitigste the threat, =~=== granted established in this Act.
su.b.(ject to surchaPnoes AuscAvion.-Any volume of low-level j) Daoucteow under this subsection shall re 4 ener the grantang of radioective weste granted emergency or reciprocal access under this n,.ith Entswesow F sucy Acessa.-The Nuclear Regula section,if generated by any commercial nuclear power reactor, shall Meer Commission me t one estension of emergency access be deducted from the low-level radioactive waste volume allocable IW'a' "ad the period
~
under section 5(cl.
"*"*"*' in subsectaan (c), if it determines that emergency Aare.p.I m
"(k) AcassuswT SrAves -Any agreement under section 274 of the Nhanon.
access continues to be necessary because of an immedsete and serious threet to the public hesith and safety or the common defense Atomic Energy Act of 1954 (42 U.S C. 20211 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.
, _.__.-_-_-_.__,q__.
1i g 99 STAT.1858 PUBLIC LAW 99-240-JAN.15,1986 PUBLIC LAW 99-240-JAN.15,1986 99 STAT,1859
- =
Ej 42 tisc se2ig. sec t. aanromiumstJTsus osr Tils earAnTassper or zusacV. sion shall specify and publish such requirements in a manner and 8
"(a) Fnsasecias. AND toc 9stnCat. Assurasses.-The Secretary shall, fwm demed appmpriate by the Comme C
e to the entent provided in appropriations /.ct, provide to those coen- -sec t. IJCENSING REVIEW AND APPA0 VAR. 42 USC 202n regions, host Otetes, and nonniember States detemined by the "In order to ensure the timely ". 2 ry to require assistance for purposes of carrying out this ' of new low-level Act- radioactive weste dispenal facilities, tlie Nuclear Regulatory
^ States, shall consider an sn .sd "(1) continuing technical assistance to assist them in fulfilling Cosnmission application foror, as appropriate.
a diepseal 7. in accordenae with the laws facility cense enchaeleur .- - their responsibilities under this Act. Such technical assistance applicable to such .- --% escept that the Commission and the Td g.
- s. w shall include, but not be limited to, technical guidelines for site selection, alternative technologies for low-level radioactive agreement state shall'-
"(1) not later than 12 months aAer the date of enactment of weste disposal, volusne reduction options, management tech- the low-Invel Radioactive Waste Policy Amendments Act of niques to reduce low-level weste generation, transportation 1985, establish procedures and develop the technical capability A.r,.p.1842.
practices for shipment of low-level wastes, health and safety considerations in the storage, shipment and dispoest of low-level for"(2) process;ng applications to the estent practicable, for complete such licenses, a ll activities associ.
radioactive westem, and establishment of a computerised 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 wastas; and after the date of receipt of such appIication; and
"(2) through the end of fiscal year 1993, financial assistance to "(3) to the estent practicable, consolidate all required tech-assist them in fulfilling their responsibilities under this Act. nical and environmental reviews and public hearings.
sn.ne..nd *(b) Recoats. 'Ihe Secretary shall and subenit, to the technology. Cosigree on an annual bash a .sec E RAINGACTIVE WASTE BELOW RECNTORY OWICERN
- (1) the T'WPonatm pregress of low-level waste ~ siting and licensing activities "fa) Not later than 6 months after the date of enactment of the within each coenpmet n%gion. (2) reviews the available volume reduc. Iow-Isvel Radioactive Weste Pblicy Amendments Act of 1985, the tion toch their applications, effectiveness, and costs on a per Comrnission shall establish standards and procedures, pursuant to unit volume (3) reviews interim storage facility requiremente, metag authority, edpetitions develop to theesept,specirac techmcal capability for, consider-costs, and usage, (4) --- ; transportation requirements for ing a actmg upon radioactive waste such westes on an inter- and intro-regional basis,(5) summarisse the streams from regulation by the Commission due to the presence of y data on the total armount oflow-level waste shipped for di=pa==I on a radimuclides in such waste streams m sufficiently low concentra-
- yearly besia, the proportion of such wastes subjected to volume tions or quantities as to be below regula concern.
- "(b) The standards and procedures ished by the Comm,ss,on reduction, the average voluene reduction attained, and the propor- i i tion of wastes stored on an interim basis, and (6) projects the interim grouant tot subsection (a) shall, setbforth all information required to icensees in support of such storage and final dispn==I volume requirements anticipated for the following year.on a regional basis. peti i udi I$b
"(1) a deta7ed description of the waste materials, including 42 Usc 2021h. -stc a. ALTraN ATIVE DISPORAL, DIgTIIODS, their or n, chemical composition, physical state, volume, and
"(a) Not later than 12 months after the date of enactment of the .
A mer. p.1842. IAw-level Radioactive Waste Pelicy Amendments Act of 1985, the (2) the concentratie or catam. mat. ion levels, half.h.ves, and gth Nuclear Regulatory Commission shall, in consultation with the States and other mterested persons, identify methods for the dio- Such sS rds sha that, upon receipt of a RMten petition to esempt a specific radioactive waste stream from regula-a nd b ical ng ng ped ices manh het concent tity Not ster the 2 the after the date of enactment of the C mission low-Isvel Radiometive Waste Policy Amiendaments Act of 1985, the h pub th an ety Coenmission shall, m consultation with the States and other m- Whe e the Commission determines that regulation of a radioactive 'i terested pe sons, identify and ish all relevant techmeal to protect the public health and i
_ waste stream safety, the is not necessaSe Commission shall ta such steps as may be necessary,in !
mformation regarding the identined purennent to subsec- an expeditious manner, to esempt the diapa==I of such radioective tion (a) that a state or compact must provide to the Cosnmission, in waste from regulation by the Commission ".
order to pursue such methode, together with the technical require-ments that such facilities menet noset, in the t at the Cosnm,ssion, af pursued as an alternative to i low land burial. TITLE 11-OMNIBUS IDW-LEVEL RADIOACTIVE WASTE ommbu. tow.
INTERSTATE COMPAC CONSENT AG 8*
Such technical information and requiresnents shall include, but R"admacthe need not be limited to, site suital ility, site design, facility operation, dispoest site cleoure, and environsmental monitoring, as necessary to SEC net. Spotr7 TITI.E.
$'d' cj ,
meet the performance objectives established by the Commission for This Title may be c.ted as the .'Om .
i V'aste Interstate Compact Consent Act,nibus low-Level Radioactive gg"*'g ,
a licensed low-level radioactive weste diapa==l facility. The Commis- .
4? Usc srhd l note.
I 4
___ _ ___m_._____
1 l
APPENDIX B SUMARY OF PUBLIC COMMENTS ON DRAFT TECHNICAL POSITION STATEMENT (FEDERAL REGISTER, Vol. 51, No. 44, March 6, 1986, pp. 7806-7811) l t
I f
- _ _ - .n Draft technical Questions Waste Policy j Commenter position 1-4 classification questions E
y 1 State of Illinois, Requested extension to respond; however, no response was provided a
Department of Nuclear Safety 2 State of Pennsylvania, No specific No comment No comment None Bureau of Radiation comments (too Protection early for State of Pennsylvania) 3 State of Texas, Supports / 1. Agrees No comment NRC role with Radioactive Waste Agrees 2. No specific Agreement States Disposal Authority additional (RES: State guidance programs defined defined role at June 1984
' 3. Supports workshop) 7 4. Supports 4&5 State of Iowa, Supports 1. Agrees No comment None Interagency Coordinating 2. No additional Council and Iowa State requirements Commerce Commission 3. Agrees
- 4. Agrees 6 Edison Electric Supports 1. Agrees Current None Institute 2. No additional classification requirements is adequate
, 3. Agrees
)
- 4. Agrees 5
7 RLD Consulting Agrees 1. Agrees Agrees None
- 2. Clarify NRC/
contractor position (RES:
i Final Position Statement and i future guidance)
- 3. Agrees
- 4. Agrees
2 Draft technical Questions Waste Policy -
E Commenter position 1-4 classification questions
~
h M 8 Nuclear Waste Mined cavities No comment No comment None
- "
- Technologies should be addressed (RES:
Mined Cavities Report issued October 1986) 9 Associated Technologies No cocnent No comment No comment None Incorporated i
10 State of Nebraska Mined cavities No comment No comment None should be 3
included (RES:
j Mined Cavities Report issued j
?
m October 1986) j 11 Southern CA Edison Supports / Agrees 1. Agrees Supports current None
- 2. Agrees classification l'
- 3. Agrees ,
- 4. Agrees l 12 Chem-Nuclear Systems Supports 1. Agrees No comment None
- shallow land 2. Suggests burial (SLB) value/ impact analysis to
- better support SLB (RES
- All alternatives are licensable) j 3. Agrees j 4. Agrees i
13 State of Washington Supports 1. Agrees No comment None
! 2. Agrees 1
- 3. Agrees
! 4. Agrees I