ML20209H016
| ML20209H016 | |
| Person / Time | |
|---|---|
| Issue date: | 08/09/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Pressler L SENATE |
| Shared Package | |
| ML20209G768 | List: |
| References | |
| FOIA-85-583 NUDOCS 8509190784 | |
| Download: ML20209H016 (16) | |
Text
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I DISTRIBUTION: g WM: s/f LHigginbotham IEnapp
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410.6/BT/85/07/30/ DUP - EDO: r/f MJBell REBrowning
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EDO #858 CCudd - c BThomas RDMacDougallDMausshardt c JJSumeier JGDavis The Honorable Larry Pressler PAltomare WJDircks United States Senate MKearney SECY #85-563 Washington, D.C. 20510 DMattson RMinogue J0 Bunting d err
Dear Senator Pressler:
ct+ d g 6Cunningham This is in regard to your June 26, 1985, letter to Chairman Regrettably, forPalladino some unknown relating to a concern of a constituent, Lanoir Pedersen.
reason, your request did not reach the agency until July 16.
Ms. Pedersen asked whether a local government had any jurisdiction over a proposed low-level waste site within its boundaries, being concerned specifically about a proposal by Chem-Nuclear Regulatory authority Systems Inc. to establish over disposal of such facility at Edgemont, South Dakota. 4 low-level waste is exercised either directly by the U.S. Nuclear Regulatory Commission (NRC) or by a State under the " Agreement State" program established In the case of a low-level pursuant to Section 274 of the Atomic Energy Act.
waste site regulated directly by NRC, that is, one in a "Non-Agreement" State
- such as South Dakota, NRC regulations provide for participation by a State or -
local government, Indian tribe, or other party We notein NRC's that thelicensing of such site regulations (reference 10 CFR Part 61, copy enclosed). Further, require that a disposal facility be lo'cated on Federal or S safety, the siting of a facility generally would beWe subject to applicable are not in a position to State and local law and permitting requirements.
address specifics relevant to Ms. Pedersen's town of Provo.
If you have any further questions, We hope this information proves helpful.
please let us know.
Sincerely, l
~
(Signert) T. A Retm
~
8509190784 850904 PDR FOIA PDR PAY 85-583 William J. Dircks Executive Director for Operations
Enclosure:
WM Notice 202 (w/ Federal Register Notice containing 10 CFR Part 61) 1984 85 FILE NOTE:
No record of director or Presslerp inquiry for Pederson in l
WM files.
Reply coordinated with Chip Cameron, E.D . BHT n -
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98
s-UNITED STATES NUCLEAR REGULATORY COMMISSION RULES and REGULATIONS TITLE 10. CHAPTER 1. CODE OF FEDERAL REGULATIONS - ENERGY PART d
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61 l l
p LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE I
1 P
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Subpart C- Performance Depoisves Subpart F-7 -' ; 1.by Semes -
W A-eeneralpm Govemmate and W Tm
~.
et 40 Ceneral requirement. ,,
e1.41 Protection of the general populetion 81.70 Scope.
814 and
- from rolesses of radioacuvity. 81.71 State and Tribal government -
MJ Dennh e1.42 Protection ofladividuale from consultation.
"# laadvertent intrusion. 81.72 Filias of proposals for State and Tribal
.g participation.
01.43 Protectaon ofindividuale durlas 7 31J Interpretadoes. operadone. 01.73 Commission approval of proposale
-( N-g g::;l: -
01J Reportine recordkeeping and m.,Stabmt, "
of .e .e,o i eite .Aer application requirements: OMB spyroval
, s met required.
,. e1A Employee protectica.
Sumpert G-neeeres, neporte, Testa, and
- . ~~.
snepeemens
' U c1J0 Maintenance of records, reporte, and Land Dispoest FaceIIIee g,,g 01J0 Disposal site evitability requiremente e1J1 Teste at land disposal facilities.
Subpart h for land disposal et.e2 Commission inspections ofland
~et.10~ Centent of applice6es. 4131 Disposal site deelen for land dispoenL disposal facilines.
~01J1 Generalinformaue" e132 land dispeeal facility operation and el88 Violations.
m.12 SpectSc technicalleformaties. disposal site closure.
c1.13 Technicalanalyses. 01.53 Environmental monitorias.
- ette inutunenalinformest et.se Alterneuve requirements for deelen l
m.18 Flamelleformation. and operetiene.
01.14 Otherleforma6en. g1J8 Weste closetAcation. Ausberity: Sees. 53. er, e2, es es, m, tel, NJO Piline and distributlos of application. 81Je Wute characterlence. 102. le3. es Stat. SIO,932. 333,935. see, e63.
el.21 Elimination of repetitles. 01 87 !abeling 954. as a:nended (42 UAC 3073. 3077, ace 2, 01J2 Updenas of applicados and e1Je Alternadve requiremente for weete 2003. 2005,211L 2301. 2232. 2233h Secs. 302.
environmental report. classincados and characterietion. 808 es Stat.1244.124e.(43 UAC 442 seesh MJS Standerde for lesuanos of a Scesse. 41Je Insutudonalrequiremente. Secs.14 and ?4. 74. L el-401. 62 Stat. 2951 e1Je Conditions of >===== (42 U.S C 3p21e and se61k MJS Gamese. For the purposee of sec. 223. es Stat. see, se MJe Amendment oflicamme. Suspart E-pinancial Aeeureness amended. (42 UAC F273L Tablee 1 and 2, m.27 Appbcation for senewel or closure. Sec. I461.3.e1.24.01.25.el.27(e) el.41 through e1Je Contents of appliceuon for closure. 81.41 Appheant quahncatione and 81.43,0132. 81.53, et.56, et.5eL and 81.01 I
- MJe Post closure observation and through st e3Tened urder Sec.telb es Stat.
c142 Funchstg for depenal site cleeure and ses se amended [42 UAC 23Di(bik il e1.10 seale*====a=
eteWisadon. through 61.teJ1Ja. and el 80 issued nr. der e1.30 Transferaflicense. 01J3 Maencial - - - for laseM Sec.141o. et stat. 800, as amended (42 U AC, e1J1 Terminettom of hosses. senereis. 22pl[ojk .
r 61 1 December 30,1962 l
p.
PART 81 o LICENSIN3 REQUIREMENTS FCR LAND DISPOOAL OF RADIOACTIVE WASTE Subpart A--General Previolons Wating as at"means amine *tlydrogeologic unit" ameans any soil polycarboxylicacids(e.g MFTA. er rock unit or sone which by virtue of
$ 41.1 purpose and sospo. IyIPA) hydroxy.carboxylic acids, and its poroMty or permeability orlack (a)The regulations in h part Po i xylic acids (e.g., citric acid. thereof. has a disunct influence on the I nieblish, for land disposal of lic acid, and glucinic acid). storage or movement of groundwater.
' radioactive waste, the procadures. " Commencement of constructica" means any clearing of land, excavation. " Inadvertent intruder" means a criteria, and terms and conditions upon puson who mighioccupy the disposal
- which the Commission issues licenses or other substantial action that would site after rJosureend ensage in normal for the disposal of radioactive wastes adversely affect the environment of a activities, ou griculture dwe '
containing byproduct, soume and land disposal facility. The term does not construction. or er pursuits in special nuclear material received from mean disposal site exploration. b puson might unknowingly other persons. Disposal of waste by an necessary roads for disposal elle exposed to radiation fWon the weste. .
Individual licensee is set forth in Part 30 exploration, borings to determine of this chapter. Applicability of the foundation conditions, or other Indian'I'dk" ams an heu hb 1
requirements in this Part to Commiselos preconstruction monitoring or lesting to u ddud in b India Self-Determination and Education licenses for wsete disposal facilities la establish background information related to the suitability of the disposal Assistance Act(25UAC.480).
effect on the effective date of this rule site or the protection of environmental htmdw hadn - a M M will be determined on a case-by. case g g ,g,, ,g,ogg n I con it f ce orby r =taaron"means the Nuclear ec e was and pa to
- orders issued by the Commiseloe. Pa==i==taa or its duly kc , ,
(b) Except as provided in Part 150 of au represente inadvertent intader meet the 1
this chapter, which addresses " Custodial Apocy,tives.
means an apacy # hWMW assumption of certain of the government designated to act on pad, w enginng structume that y story 4 P authority by Agredmen tee, and behalf of the government owner of the des v prokcuon to
,n F G e1.8 " Exemptions." the regulations la Esposal site. . -
" Land disposal facility" means the i p
- this giart apply to all persons in the
- Director" means the Director. 051ce United States.The regulatione in & of Nuclear Matwial Safety and land, buildings, and equipment which is
. Sereguards. U. S. Nuclear Regulatory latended to be used for the disposal of
. brt
-' do not apply el waste to (1) disposal se provided forin Partof high.
80 of.;Commission. , radioactive wastee into the subourfeos
- this chapter
- (2) disposal of uranium or ; " Disposal" means the Isolation of ; of the land. For purposes of this chapter.
= radioactive wastes from the biosphere a geologic repository as defined in Part
" eodum maines or wales (bW :;
a ao is not considered a land disposal -
- I material as defined in I s.4(a-1)) as [ Inhabited by man and contelning his ;
!
- provided for in Part # of h chaphela , food chains by emplacement la a land { facility.
- quantities greater than 10.000 kilayams espaal facihty. .
and containing more than Sve (8) lJcense" means a license leeued -
" Disposal site" sneene that portion of under the regulatione in Part et of this millicuries of radium-2as; or (3) disposal - '
' a land disposal facility which is used for chapter. *1Jcensee" means the holder of of licensed material as provided for la deposal of weste. It osasiste of asposal such a license.
Part 20 of this depter. anits and a buffer same. " Monitoring" anne i A and l
" Disposal unit"means a escrete mains measurements to provide data to s portion of the site late which evaluate the performance and
- er waste is placed deposal Per amar characteristics of the disposal site.
surface disposalthe unitis useauy a "Near-surface disposal facility" -
tread. means a land disposal facility in which
- 7 i barrier
- meses a man. radioactive weste le disposed ofin or
~
$et.R Deenstone. made structure er device hetis within the upper 30 meters of the earth's
-' As used la this part: latended to improve the land disposal surface.
l "AcG~v e maintenance" means any 'lecility's ability to meet the perforenames " Person" means (1) any ladividual, significant remedial activity needed objectives la Subpart C. corporetion, partnership, Arm.
l during the period ofinstitutional control "Exploelve material" means association trust, estate, public or
, to maintain a reasonable soeurance that chemical compound, mixture, or private institution, p. government the performance objectives la Il 31A1 which produces a substantial agecy o&w een e ra==laalaa or and $1A2 are met.Such active instantaneous release of goe and best he Depanant MImgy,(sucept est maintenance includes ongoing activities spontaneously a,r by auntact with sparks the Department of Liergy le considered such as the pumping and treatment of er Same. a person within the meaning of the
, water from a disposal unit or one-time .Teovernment agency"means any agulaums in &is pan to &e extent est i
! measures such as replacement of a executive departant, commier son, its facilities and activities are subject to e esposal nait cover. Active malatenanos ladependent establidment, or **U*"* and mieW mgulata y I does not include custodial activities ausodh jte Cenisdon pumaant to corporst on.whou/ or partly mened by such as repair of facing,mpair er the United States of America which is se on e Eugpaganizados mplacemmt of monitoring equipment- en instrumentality of the United States: Act of197 as Stat.1244)). any State or ,
revegetation, minor additions to seu w any hard, breu, evidon, evice, an subdivision of or say cow, minor mpair of dispaal mit covers, arad general disposal site upkeep ofBce. olBcer, authority, administretles. (( politi cal enU4 w 8"
a State. any
- "I " "* " " "'I er other establishment in the executive Politicafsubd!visi of any such such as sowing grase. branch of the pvernesat.
" Buffer sone is a portion of the govermnent or na or other entity; disposal site that is controDed by the
- t*,,88888 0888 and (2) any legal successor, bcensee and that lies under the disposal wasta dwignakd as basardous by apmeentathe, agint, or agency of the units and between the disposal units Environmntal Prokcuan Agacy gongagas. -
and the boundary of the site. mgulanons in a Ned 331.
! r l
December 30,1982 61 2 l
l .
PART 81 o LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE g41.4 comununleseens, waste is und for dispoulof waste and "Pyrophoric liquid" means any Bquid consists of disposal units and a buffer that ignites opontaneously in dry or Except where otherwise specined, all communications and reports concerning mone. A die sal unit le a discrete moist air at or below 130*F (54.s*C). A Pwdon d e dopnal sim ink which pyrophoric solid is any solid material, the regulatione in this part and other than one clawed as an exploelve. applications filed under br.: should be waste
'"'fa ce is[ p#81.
lacedeeforesPosal disposal unit For is near.
which under normal conditions is hable addraud to the Director. Office of usuaHy a twoch. A buNu sone is a to cause Aree through friction, retained Nuclear Material Safety and Safeguards, heat from manufacturing or processing. U.S. Nuclear Regulatory t'ammiselon.
Fordon oWdispwal olm eat le or which can be ignited readily and Weehington, D.C. aossa, controlled &stbe licensee and that Bee when ignited burns so vigorously and Communications, reports, and under the sit) and between the i persistently as to create a serious applications may be delivered in person boundary d me sepnel ein and any transportation, handling. or disposal 8epwat unit. It provides controlled at the Commission's offices at 1717 H basard. Included are spon'.aneously epace to establish monito locations StreetNW Washington D.C.or7915 combustible and water-mactive which an intended to prowl e an early Eastern Avenue. S!!ver Spring,
- materials. Maryland, weming of radionuclide mowment, and to take mitigative measures if needed. In
" Site closure and stablisation" means tbooe actions that are taken upon choosing a disposal site, site i completion of operations that prepare characteristics should be conaldad in ;
the disposal site for custodial care and terms of the indefinite future and l
! that suure that the disposal site will IstJ inhaprotesane. evaluated for at least a 800 year time l remain etable and will not and ongoing home.
Except as specifically authorised by ,
active maintenance. the Comunloelon in writing. no (b) Woste Classification andNeor'
" State" means any State. Territory, or interpretation of the meaning of the Surfac'Di8Posal. (1) Disposal o(
La- posseselon gf.the United States. Puerto mgulations la this part by any officar or radoactin wasW in near.earfe g Rico, and the District of Columbia. employee of the Commlulon other &an disposal facilities has the follo
, Stability"means structuralstabilli . safety objectives: protection of 4 e - *hrveillance" means observados a written interpretation by the General Counsel will be considered binding upon Senmlpopulanon from missus of the disposal ette for purposes of visual the Commisaloa. ~'
radioactivity, protection of individuale
~
' detection of need for maintenance. ; borninadurtentintrusion.and custodial can, evidence of intrusion. . I protection ofindividuals during~~
. . and compliance with other Bcense and ;
- operations. A fourth objective la to
- maulatory requirements. O s ensure etability of the ette after closure.
- *TribaiCoverning Body" means a f ; (2) A cornerstone of the system is 2
'
- Tribal organization as defined in the ,181A Esemp#8a** stability-etability of the waste and the E nodian Self-Determination med
- De Commiselon may, upon. disposal site so that once emplaced and 1
- Education Assistamos Act (as USC. appbcation by any laterested person, of covered, the accese of we 'er to the i r i 4s0).
upon its own initiative, grant any wsete can be minimized Migratloa of ts " Waste" means tboos low-level exemption from the requirements of tb* radionuclides is thus a inunized. long-
' ' regulations in this part as it determinee radioactive wastes containing source, term active maintenance can be special nuclear, or byproduct material is authorized by law, will not endanger avoided, and potential exposures to that are table for diapa==t in a llI* Or property or the common defense intruders reduced. While stability is a land die facility.For the purposes and security, and is otherwise in to desirable characteristic for all waste j_ .
of this definitfoe, low. level waste has pubBc latemet. much radioactive waste does not'
the same meaning as la the law-Invel contain sufficient amounts of
. Weste Policy Act, that is radioactive radionuclides to be of great concern
- waste not classified as high-level from these standpoints: this waste.
radioactive wsate, transuranic waste. - however tends to be unstable, such as l _. spent nuclear fuel, or byproduct material- Ie1.7 conospen. ordinary trash type westes. If mixed
- l. as definedin wetica ttels) of ee (a) De Disposelflecility. (1) Part et is with the higher activity weste. their Atomic Energy Act (uranium or torium latended to apply tolead disposal of deterioration could lead to failure of the
- a taHange and waste). system and pennit water to penetrate radioactive weste and not to other l methods such as sea or extraterrsstrial the dispesal urut and cause probleme ,
disposal Part et contains y _ " _ _ = with the higher activity weste.
! Iet.s Usense resperest requirements and performanoo Herefore,in order to avoid placing (e) No person may reoelve, possese, objectives applicable to any motbed of requirementa for a stable weste form on I
, and dispose of radioactive waste land disposaLlt conteine spoette ~
relatively innocuous waste, these onetaining source, special nuclear. or technice! requirements for near surface westes have been clawed sa Class A .
byproduct material at a lead disposal disposal of radioactive weste which weste.The Class A v:sete willbe facility unless authorised by a boense levolne dispo alin the upperusant disposed ofin separate disposal units at issued by the f%n=Isolon pursuant to Portion of the earth, ap almately30 the disposal site. However, Class A this part, or unless exemption has been meters. Burial deeper 30 meters weste that is etable may be mixed with
, granted by the Commiolos under i 914 may also be satisfactory. Technical other classestof waste. nose higher l requimments for alternative seethods of this part. activity westes that should be stable for (b) Each y,erson shaB fue so will be adJed la the future. proper disposal are classed as Class B application with the Commission and (2)Near-surface disposal of and C waste.To the extent that it is obtain a license as provided in this part radioactive weste tekee pleos at a asar, practicable, pase B and C weste forms before commencing construction of a surface disposal facility, which includes or containeri should be designed to be land disposal facility. Failure to y eB of the land and buildinge :- --
stable,i.e maintain gross physical with th e requirement may be to carry out the disposal De disposeI properties and identity, over 300 years.
for denial of a license, ofte is that portion of the facility whidi For certain radionuclides prone to 61 3 December 30.1932
. _ . _ _ .. . . ~ __ .. _ . ._ _ . . - _ _
PART 81 o LICENSIN3 REQUIREMENTS FCR LAND DISPCSAL GF RADIOACTIVE WASTE migration, a maximum disposal site (c) N UcenehwMocess. (1) During Federal governannt that owns the inventory based on the characteristice of b preoperational phase. the potential disposal site. If the Department of the disposal ofte may be established to ,appucant goes through a process of Energy le the Federal agency limit potential exposure. )
esposal site selection by selecting a administering the land on behalf of the (3)Itle possible but unlikely that region ofinterest, examining a number Federal government the license will be persons might occupy the site la the 6f possible disposal sites within the area terminated becamee the Commission '
future artd ens see in normal pursuite oflaterest and narrowing the choice to lacks regulatorf authority ovw the without knowing that they were the proposed site. 'Ihrough a detailed Department 1br'this activity. Under the receiving radiation exposure.1%ese investigation of the disposal site conditions of1![ transfwred license, the persons are afernd to se inadvertent characteristice the potential applicant ownw wGI carry out a program of intruders. Protection of such intrudere obtains data on which to base an monitoring to assure continued i can involve two princ' pal controle: analysis of the disposal site's suitabGity, eatisfactory disposal of te performance.
- institutional control over the alte after Along with these data and analyses, the physical surveillance to restrict accue operations by the site owner to ensure applicant submits other more genwel to the site and carry out minor custodial that no each occupation or improper use information to the Commission la the activittee. During this period, productive of the site occurs; or, designeting which form of an application for a license fo' une of the land might be permitted if waste could present an unacceptable land disposal & Commission's mytew those uses do not affect the stability of risk to an intruder, and disposing of thle of the application le in accordance with adminletrative procedures established tee waste in a manner that provides some form ofintruder barrier that le intended b rule and may involve participation by ee *it* *d lubuitY pufwmance djecum. At 2 ""se end d to prevent contact with the weste.This ahected State governments orIndian the pmscrM paid Minoutudonal tribes. While the proposed disposal site control, the license will be terminated regulation incorporates both types of protective controle. must be owned by a State or the Federal by ther==laalon.
! P (4)Inoututional control of access to government before the Commission wGI l 4 the ef te le required for up to too years. issue a license,it may be privately t
i 6 # ' -1his permits tlie disposal of Class A and . -owned Class B ivaste without special if suitable during the preoperational arrangements have been phase 2 rovisions for intrusion protection, etace ; made with a State or the Federal 2 8hP8' ens,mcord espane,and p approves I , . these classes of waste contain types and government to take ownerehlp in fee of :
- quantities of radioisotopes thatwill a,
- ' the land before the license le issued. ;,
decay during the too. year period and 2 (2) During the operational phase, the & Information collection
- will present an acceptable hasard to an licensee carries out disposal activities in requirements contained in this pari intruda.The government landowner accordance with the reluimnwnts of affect fewer than ten persons.Mr'efore, adminletering the active institudonal this regulation and any conditione on under section 350e(c)(5) of the control program has flexibility in the license. periodically, the authority to Paper ark Reduction Act of teso(Pub.
' 7 controlling site access which may conduct the above ground operatione L e6-411). OMB clearance le not i d' include allowing productive uses of b and dispose of weste wGl be subject to a required for these information collection i land provided b integrity and long. Ricase mnewal, at which time the requireawats. ~'
I terra performance of the site are nog oPwenng bleury wGl be miewd and a 4
affectal, d8ci8308 **de to Permit or deny (5) Weste that wGinot decay televels comunual opwede.When espwal l -
~. which present an acceptable basard to Opwouono am to mese, se lh .
en intruder within 100 years le apphos for an anwndmenHe his license ga1.3 geployeepreteetten.
~
designated as Class C weste.This weste to punit site closum. After M misw of the licenen a site clmum and (e) Discrimination b le disposed of at a poster depth than gge,,,,,, ,, ,,pg je,,, g,,,c y a P-=laaton
_ .i i_
.- the other classes of weste es that etabuisados plan, the Commiselon may gge , ,, , ,,,,,,,,,, ,,
subsequent surface activities by an - appme the final activities necessary to subcontractor of a P-=l==8aa liaanase 1ntruder will not det irb the weste. prepare the disposal site so that ongoing or applicant against an osaployee for Where site canditioen prevent deeper active maintenance of the site le not - engaging in certain protected acdvides disposal. Intruder barriers s::-h as required during the pwied of '
, is prohib!ted. Discrimination inclodse concrete covers may be used.h ineututional control. discharge and other actions that relate I effective life of these intruder barriere (3) During b period when b final to compensation. terme, conditions, and should be 300 years. A maximum alte closure and stabilization activities Pavileges of employawnt.The pro'ected concentration of radionuclides le ~ are being carried out, the licensee le la a activities are estabisched in Secuan 210 specified for all wastes so that at the disposal site closure phase. Following of the Energy Reorganisation Act of end of the 300 y erperiod, maaining that, for a period of 5 years, the licensee me, se anwaded, and in guerel am radioactivity will be at a level that does must remain at the disposal site for a related to the administration or not pose an unacceptable hasard to an paid of pod.claure oburvadon ad enforcement of a requirement imposed letruder or public health and salsty. maintenance to secure that the disposal undw he Atomic Enwgy Acme Wests wie emcentredens above teos site le etable and read Engy Reganiseum Ad.
limite le lly unacceptable for Y for institutional (1) The protected activities include but apa==l There be 82 MBinissim m8y aPpme are not limited t>-(i) providing the near. .
aborter or rm;ulm longw pwiede if Commiselon information about possible some instancoe where weste concentratione stor than perndtted emadone warmat. At b ad of this violations of n '---to imposed for Class C wou be acceptable for pernod. the licenew applies for a license under either of Ke above statutes; near.ourface esposal with special transfw to the espwal site owner. .
procewing or design.These wul be (4) After a finding of eatisfactory ,
evaluated on a case-by<ase basie. Class Esposal site closure, the Commiselon C waste must also be etable. will transfer the license to the State or a
December 30,1982 81 4
PART 81 o LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE I posted not later than 30 days after an (2) ne technical quahficatione. .
(ii) Requesting the Commission to including training and experience, of the Institute action against his or her application is docketed and remain posted while the app!! cation is pending applicant and members of the !
employer for the admintatration or applicant's staff to engage in the enforcement of these re ments; or before the Commission, during the term of the license, and for 30 days fo!!owing proposed activities. Minunum training (iii)Testifyingin any mmluion o and experienef.requirementa for proceeding. ; license termination.
personnel filbag key p sitions described (2) Rese activities are protected even ? Nota.-Copies of Fons NRC-3 may be in paragraph 81.11(b)(1) must be if no formal proceeding is actually [ obtained by writing to the Reg 6onal initiated as a result of the employee - Adnunistrator of the appropnate UA Nuclear Pf0VId'd; i
" Regulatory Commisslos Regional OfBce (3] A description of the applicant's assistance or participation.
hated in Appendix D. Part 30 of this chapter personnel training progrem; and (3) This section has no application to any employee alleging discrimination or the Director. Office of Inspection and (4) ne plan to maintain an adequate Enforcement. UA Nuclear Regulatory complement of trained personnel to prohibited by this section who, acting CommissioWashington.E aossa. carry out waste receipt. handhng, and
. without direction from his or her employer (or the employer's agent), disposal operations in a safe manner.
deliberately causes a violation of any (c) A description of:
Subpart Micenses (1)ne locr*fon of the proposed requirement of the Energy Reorganizanon Act of1974. as amended. - disposal site;
- or the Atomic Energy Act of1954. as (2)The general character of the amended.
g'g si.to content et apphestio.s. proposed activitfes; (b) Any employee who believes that (3)ne types and quantities of An apphcation to recene from oth.ns he or she has been discharged or possess and dispose of wastes radioactive waste to be received. .
otherwise discriminated against by any containmg or contaminated with suurt e possessed, and disposed of; ^
- Person for engeging in the pmtected byproduct or special nuclear rnatenal b, (4) Plans for use of the land dissosa!
$. activities specified in paragraph (a)(1) of a land disposal must conust of general I*cility for purposes other than djposal
- n .rn t o nsi t t o a rnation. (5 ep a di cih es and
- equipment.
5 Department oflabor.ne e and financtalinformatron as set forth m ,
(d) Proposed schedules for
- II 6111 through 61.16. An - _
" administrative prcceeding must be enur nmental rep rt prepared m ; construction,receiptof waste.an5 first
- E Initiated within 30 days aher an a!!eged emplacement of waste at the proposed acc rd.nce with Subpart A of Part 51 of
-- violation occurs by fihng a complaint this chapter rnust accompany the
,:land disposal facihty.
alleging the violation with the apphcation Department of Labor. Employment Standards Administration.Wege and ~
Hour Division. De Department of Labor i e1.12 spectlMechnicannformann, 7('
e may order reinstatement, back pay, and compensatory damages.
I e1.11 Generat informauen-ne generallnformation must include each of the fo!!owing:
De specific technicalinformation (c) A violation of paragraph (a) of this must include the following information section by a Commisalon licensee, an (a) Identity of the applfcant including- needed for demonstration that the applicant for a Commission licensee, or (1) The full name, addrees, telephone perfonnance objectives of Subpart C of
- a contractor or subcontractor of a number and description of the business this part and the applicable techn! cal Commission licensee or applicant may or occupation of the applicant: requirements of Subpart D of this part be grounds for (2)If the applicant is a partnership, will be met:
- (1) Denial, revocation, or suspension the name, and address of each partner (a) A description of the natural and sf thelicenu. and the principallocation where the d h
- b char ristic de e ned by (t) Imposition of a civil penalty on the - P*[g P, g3 con $ corporetionor disposal site selection and licenase or applicant. . an unincorporated asocG.wn,[] the
, characterization activities.%e (3) Other enforcement action. ~ state wbere it is incorporated ce desaiption must include geologic, (d) Actions taken by an employer, or ,
others, which adversely abet sa j organized and businen, the principallocation se technical, hydrologic,meteorologic,
~
where it does and (ii) the climatologic, and blotic features of the employee may be predicated upon names and addrenes ofits directors nondiscriminatorygrounda. ne disposal site and vicinity,
- aad prinefpalof!!cers; and prohibition applies when the adverse (b) A description of the design action occurs because the employee has (4)If the applicant is acting as an features of the land disposal facility and agent or repneentative of another ge disposal unitsfor war-surface engaged in protected activities. An person in filing the application, all sposal, the description must include employee's engagement la protected information reqdred under this se cesign features reisted to activities does not automatically render paragraph must be supp' fed wit's roepoc; him or herimmune from discharge or to the oder person. WaW waw. WW d cens
! - discipline fori timate reasons or from adverse action ctated by noo. (b) Quahfications of the applicant (ackfdl, wastes, and covers; contact ofr dis prohibited considerations.
(1)ne organizational structure of the wastes wi'h standing water: disposal applicant, both offsite and onsita, *"d (e) Each licensee and each applicant shall post Form NRC-8," Notice to including a description oflinea of authority and auf taof
[ta no 8
a 'b wnt Employees." on its premises. posting practicable 6"lm disposal must be at locations sufficient to permit responsibil ties, w other in the form of " ' ao sh '
administra Ave directives, costrect ,"U n$k o employees protected by this section to observe a co y on the way to or from Provisions orotherwise: monitoring; and adequacy of the size of l
thelt place o work. Premises must be l
l l
61 5 March 30,1984 1
PART 61 o LICENSIN3 REQUIREMENTS FOR I.AND DISPOSAL OF RADIOACTIVE WASTE..
buildings, and the disposal site. Both through covers over disposal areas and the buffer zone for monitoring and routine operations and accidenta must adjacent soils, and surface drainage of potential mitigative measures. the disposal site.De analyses must (c) A description of the principal be addressed. De program description must include procedures, provide reasonable assurance that there desigp criteria and their relationship to will not be a need for ongoing active the rformance objectives. Instrumentation, facilities, and .
maintenance of tige disposal site
( A description of the design basis equipment.
natural events or phenomena and their (1) A description of the environmental I*IIO*i"8 CI'*;"
relationship to the principal design monitoring program to provide data u a criteria.
(e) A description of codes and evaluate potential health and environmentalimpacts and the plan for q.
~
standards which the applicant has taking corrective measures if migration applied to the design and which will of radionuclides is indicated. I e1.14 Instnutional information, apply to construction of theland (m) A description of the disposal facilities. ne institutionalinformation must administrative procedures that the include:
(f) A description of the construction applicant will apply to control activities and operation of the land disposal (a) A certification by the Federal or at the land disposal facility.
facility.ne description must include as State government which owns the a minimum the methods of construction disposal site that the Federal or State of disposal units; waste emplacement. govemrnent is prepared to accept the procedures for and areas of waste transfer of the license when the segregation; types of intruder barriers: provisions of 5 61.30 are met. and will onsite traffic and dreinage systems; Ie1.13 Technicalanalyses. assume responsibility for custodial care survey control program; methods and De specific technicalinformation after site closure and postdoeure areas of waste storage; and methods to must also indude the following analyses observation and malntenance. :.
P control surface water and groundwater needed to demonstrate that the (b) Where the proposed disposal e W p access to the wastes.ne description must also include a description of the performance objectives of Subpart C of this part will be met:
is onland not owned by the Federal r a State government, the applicant m
" submit evidence that arrangements have methods to be employed in the handling (a) Pathways analyzed in
. and disposal of wastes containing demonstrating protection of the general been made for assumption of ownerahlp
. chelating agents or other non- poplation from releases of radioactivity . In fee by the Federal or a State -
radiological substances that might affect a must indude air, soll, groundwater. ' government before the Commission ~ ~
- me'eting the performance objectives in , surface water, plant uptake, and 2 issues a license.
-- - . Subpart C of this part. 3 exhumation by burrowing animals.no = -
- j. (g) A description of the disposal site
- analyses must clearly identify and 3
- closure plan. it.cluding those design :: differentiate between the roles features which are intended to facilitate performed by the natural disposal site I81.15 Financiatinformation. -
. disposal site closure and to eliminate characteristics and design features in 1
.r the need for ongoing active isolating and segregating the wastes. He financialinformation must be j maintenance. De analyses must clearly demonstrate sufficient to demonstrate that the (b) An iden'ification of the known financial qualifications of the applicant that there is reasonable assurance that natural resources at the disposal site. the exposure to humans from the release are adequate to carry out the activities the exploitation of which could result in of radioactivity will not exceed the for which the license is sought and meet fY inads ertent intrusion into the low-level wastes after removal of active 1 mits set forth in 5 61.41.
06u financial assurance mquinments as specified in Subpart E of this parti
. . (b) Analyses of the protection of institutional control individuals from inadvertent intrusion (i) A description of the kind, amount. must include demonstration that there is classification and specifications of the reasonable assurance the waste radioactive materialproposed to be -classif6 cation and segregation iSt.16 Otherinformation.
_ received, possessed. and disposed of at requirements will be met and that Depending upon the nature of the .
. the land disposal facility, adequate barriers to inadvertent wastes to be disposed of, and the design (J) A description of the quality control intrusion will be provided. and pro sed operation of the land a prog *am for the determinatien of natural (c) Ana!yses of the protection of disposa acility, additionalinformation disposal site characteristics and for indNiduals % pdm M k n und by b Commission include assessments of expected mfuding inc t e fo!!owing-co st ci pe o ar o ure of exposures due to routine operationa and (a) Physical security measures,if the land disposaI facility and tlao likely accidents during handling.
appropriate. Any application to receive receipt handling and emplacement of storage, and disposal of waste.ne and possess special nuclear material in waste. Audits and managerial controls analyses must provide reasonable quantities subject to the requirements of must be included. assurance that exposures will be Part 73 of this chapter shall demonstrate (k) A description of the radiation controlled to meet the requirements of how the physical security requirements
- safety program for control and Part 20 of this chapter. of Part 73 will be met. In determining monitoring of radioactive effluents to whether receipt and possession will be (d) Analyses of the long-term stability
' pe ance of the disposal site and the need for subject to the reguirements of Part 73.
e ve$n .[ f th pa, ongoing active maintenance after the applicant shall not consider the closure must be based upon analyses of quantity of special nuclear material that
["ure ce r p has been dispos of.
requirements of Part 20 of this chapter acuve natural pmcesses such as erosion.
mass wasting. slope failure. settlement (b) Safety information concerning and to control contamination of of westes and backftll, infiltration criticality.If apfropriate.
personnel, vehicles, equipment.
}
December 30,1982 606
PART 81 o UCENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE (1) Amy appuce6on to resolve and l possess specialnuclear materialin getJe genneerdeforleeuenoseta (S) N *PP licanre proposal fer i quantities that would be subject to the Beenes. Institutionalcontrolprovide rc..onable l requirements of 8 70J4,"Critionhty 'A license for the receipt, posession, eseurence that institutional control will '
= *Imat 4 - to"of part 70 of this and disposal of weste containing or be provided for the length of tirne found chapter abau demonstrate how the contaminated with source, special {2 paragraphs - po enem the findings in (ItF-(e) of this section and
--te of that'esclion wiu be met, nuclear, or byproduct material will be unless the applicant requeste an leeued by the t'a==iaa'on upon finding a that the ingtifetional control meets the exemptionpuremmat to S 70Je(d).In that the leemance of the license will not ' rguiremqlgof 9 01.88. Institutional be inhaical to the common defense and o rguiremott determinlag whether receipt and
- would be subject to the security and will not constitute an (b)h infdrmation on financial unreasonable risk to the health and amurances muts &e rguiremats of requirements of 8 70Ja, the apphoast shall not consider the quantity of special safety of the public, and: Subpart E of & part. i nuclear meterial that has been disposed (a) h applicant is q=atinad by y (1) The applicaat's physical esoerity reason of training and experlenos to taformation provida reasonable of. aneurance that the requirements of part l (2) Any appucenom k receive and earry out the disposal operations 73 of this chapter will be met. Insofar as requestedin a manner met protecte Mes*ee ePecial nuclw mahdaN health and =lai=I=as danger to life or they m apphcable to special nuclear l 3 :' ducribe proped procedme for
. material to be possessed before diepseal ,
! , e avoiding sccidentaa criticality,which ,e dispel ander the boesse. !
l address both storese of special nuclear alte, design, dispeen! (j) N applicant's criticality safety -
! O makrialprior to disposal and wute facility OPeretions (inclu equipreent. procedures are adequate to protect abe emplacemot for dispeel, fedlities, and procedures). ' posal site public health and safety and provide closure, and postclosure institutional 2-
- = 3esJe pegandesteunenet g appeaseen,
,(a) An appucadon for a Buense under control m adeq=te to protect the puhuc health and safetyin that they
- acedent reasonable
- requirements of 8 maa,critica amurance requirements, of part f% that th
" .: provide reasonable assurance that the a chapter will be met, insofar as they are h prt, and any amendmenu emto, populadon wDI be prWected opplicable to special nuclear material to aball be fued with the Duoctor, must be releases of radioactivity as ; be possessed before disposal under the 1
2
_ signed by the appficant or es specifiedin the performance ve in Bcense boa canal of alped I ",I'd of eu Any additionalinformation5 tted as requested by the ,
- original and 2 copies. ; re etivity. Co==taataa pureuant to i 8 Lie, Other 1
(c)% licant's proposed disposal ,,,taformati ,n, is adequate.
. alte, site des land disposal b) Another as copies of the E facility operations ( equipment, #~
i -
)ap(plication must be retained by the
,, facilities, and proceduree), site h[1)N requirements of Subpart A of l
J( s applicant for distribution in accordance
- closure, and postclosure institutional control are adequate to protect the 5 Part 51 of this chapter have been met.
" with written instructions from the
' Director or designee. public health and safety la that they will b 1 --:- provide reasonable assurana that ~gatJe conenene et noenese.
1- =- ladividual inadvertent intrudere are [a] A license leeued under thie 'part, or
).
l
- (c)Fhes. Application,ammadmant,and t inspection fees applicable to a license protectedin accordance with the ormance objective la 8 eL43, any right thmunder,may be transferred, nelsned, or in any mener l
Doovertas the receipt and of ofindividuale fan disposed of. either voluntardy or J
- I 4 radioactive westes in a disposal inadvertent intruolon. Involuntarily, directly or indirect! .
t fedlity arerequiredbyp art 170of this ~ (d) h a t*e proposed lead through transfer of control of the kcense
__.," chapter esposal * **
- 8 to any person, only if the Ceaunteelon ad - - - - ~ Bnde, after securing full information. -
L. equipment'w to protect e &'"pubuc heale i
m edgua thet the transfer le in accordance with
- ' *I the provisions of the Atomic Energy Act l h 41.31 samenneen et repoemen. em &e sundards in its application, the applicant mey for radiation protection est out in part si h'g ',' ,co m , o pin &e incorporate by reference information of this chapter wGlbe met. "
(b e steme a or re rts wi e facility operations, disposaleine
. $ hedon,e any une befe Comminion if these referenet. are clear .
t 3 orininetion of the license, to enable the lastitutionaloestrol are and specific.
and "a_w^ 'w pr;Woct to pubits healet'a==tantaa to detamine whether ur
- not &e Ucem abould be modi 8ed, j 9 e1.33 upesens et appasemen, and in that they wGl provide I
a' reasona assurance that toeg. term suspeded, or enoked.
s (a)% application must be es subGity dto esposed wem and es (c)ne license will be transferred to l the site only on the fall l' complete se possible in the hght of aspeel sie wGI be achieved and wel e information that is avellable et the time implemente of the finalclosure plaa of submittal.
ale =laat to to enteet W 6e as approved by the Commiselon, ased for aceve maintememos d I (b)N opphcant shall supplement its g ,,siaraaa sik fouowing cleeue, locluding ; _ ^ ' observetion and apphcation in a timely manner, se (f)h applicant's descastration maintmance.
necessary, to permit the Comuniesion to proeides reasonable assurance that the (4)h Beensee shall be subject to the review, prior to leeuence of a license- Uceble tani=In al seguirement af previolone of the Atomic Energy Act any changes in the activities proposed now or bereafter in effect, and to all D of ele part wGl be east, to be carried out or new information rules, regolation, and orders of the regarding the proposed activities. Commiselon.& terme and condidone of the license are subject to amendment, 61 7 March 30,1984
, PART S1 o LICENSIND REQUIREMENTS FOR LAND DISPCSAL OF RADIOACTIVE WAST.E accordance with Il 01.30 and 61.33.
revision, er medincation, by reason of let.as Changes. Information contained in previous l (a)Except as provided for in specinc applications. statemente or reporte Aled amendmente to, or by reason of rules.
i ugulations, and orders leased la licena conditions, the licensee shall not with the Comminion unde the license '
accordance with the terms of the Atomic make changes in theland disposal may be incorporated by refwence if the j references are clear and specific.
Energy Act. facuity or procedures described in the licones application.The keense ytu (c)In any case la which a hcensee has (e) Anylicense may be revoked, include conditione restricting timely filed an apphcation for rene'wal suspended or modified in whole orla of a hcenee, the Irgense for continued part for any material false statement la subsequent changes to the facility and
?
the application or any statement of fact the ,. l.. authodsed which are receipt and dii~ l oflicensed temportant to public health and safety. matwiele does empire until the requiredunderSection102of the Act,or because of conditions revealed by any These license restrictions wul fall into Commiselon has sken Anal action on thme categories of descending the application for renewel.
application or statement of fact er any imPortance to public health and safety (d)In determining whether a license
- report, record, or inspection or othe meane which would warrant the se foUows
- (1) those features and will be renewed. the Commission will Commission to refuse to grant a boense precedures which may not be changed apply the criteria set forth in i St.23.
l~ j without (i) to days prior notice to the to the original application, or for foGure 9etJe contentsof aspecamenfor Commiselon. (H) 30 days nouco of
' to operate the facility in accordance eecouse.
- with the terms of the license, or for any opportunity for a pdor hearing, and (iii) i violation of, or failure to observe any of Pri*r """"'**3'" *PProval
- (2) those (a) Prior to finalclosure of the features and procedures which may not disposal alte, or as otherwise directed i the terms and conditions of the Act, og be changed without (i) 80 days prior by the Comminion, the applicant shall I any rule, regulation, hcense or order of notin to the Commisson, and (ii) prior submit an application to amend the ;
< . b co--a in.
P 8*a" approval: and (3) those license for closure.1his closure . .
I (f) Each preon Bcensed by b Isotuma and ,- --n_mwhich may not application must include a final mvision 4 P Commission pureuent to the regulatione be changed without to days prior notice and specific details of the disposal eGe 4
& la this part shall' confine posseselon and closure plan included as part of the l to the, Commission. Features and i
- use ef meterialsrto the locations and ,, : falhng in paragraph (a)(3) of license application submitted under !
]
~
- purposes authorised in the license. this section may not be che without I S1.12(g) that includes each of the t
~
(g) No radioactive waste may be prior Caminion appmal se- foHowing: i 1 disposed of until the'Comadesion baa Commiselon after having received the (1) Any additional geologic. -
l inspected the land disposal faculty and hydrologic, or other disposal sita dets i &- has found it to be in confor-maea with }uimd notice, so ordere.) Amendment j pertinent euewising she containment to the long-term
! -- -
- the description, des . and construction
- Clo*ur*.13C*a88 tr*h*f*t. Or llc *n8' ; of emplaced radioactive wastes 3 ducrbd 6 h app icah tw a
. termination shall be included in e obtained during the operational period.
- beenu E TjN 8"
E (h) & Commiselon may incorporate i videa [* "( )#" *medte "*'#"* of tute,
"'*""8expwimnte. '~
' _ ; in any license at the time ofles=mara.or ; of the tice for unity for *** "*
thereafter.by appropriate rule,
""**** b- '2 he nas provided in pa a
~ ~* ='s="aa ad 'a'"*"- -"
- u suieu- - -*r. a&*=> eie socoon to Steie aa ciais i ceFom(a)(1) emplacement media. of or any other teste.
requiremente and conditions with trhl boa peciRed in "" " * " * ""
-% FMPect k the hcenow*e aceipt, f2.104(e Part of this c.bapter- Ing4wm co'ntainment of emplaced
- r. possession. and disposal of source. W4ste within the dispoul site.
special nuclear or byproduct material as IetJB Amendment of geenee.
j (3) Any proposed resiolon of plane.for:
- - ~. It deems appropriate or necosearyin (a) An application for amendraent of a (i) Decontamination and/or
~
oraler to: .. license must be Bled in accordance with i
- I S1.30 and shall fully describe the dismantlement of surface facilities:
i (1) Promote the comenon defense and (ii) Backfilling of excavated aren; or
- escurity; changes desired.
l (iii) Stabilization of the dispoul site (2) Protect heels or to minimise
.. (b)la L. ' ; whether an ,Jor post-closure care.
- danger to hfe or property; amendment to elicense willbe
~ appmed, the Commiselon wiu apply (3)Itequire reports and the keeping of )Nsupplement AnendmnnetaNW ma records andto vide for inspectione the crHerta set fore in i 91Js. to an environmental report
- of activities the boense that meF letX Appaeseen for renewaler steen prepared in accordance with Subpa-t A be necessary w appspriah h (a) Aty empiration date on a keense of part 51 of this chapter must .
eN'Clu*k &* purpoon af te Act and apphoe only to the above ground u accorr;any the appbution mguladons &mumtw. activities and to the autho.ity to dispose (cl Upon review and consideration of ' '
l * 'an application to amend the license for i
(i) Anylicenen who seceives and of waste. Failure to renew h heense
! poquees specia3 nuclear material shah not rel. eve the licensee of ' closure submitted in accordance with j ,mder *his part in quantittee that wohld responsibility for carrying oat site
- paragraph La)of this seekm t!*e -
be subect to the mqalmments of 9 MJG closure.postclosura observation atEl Commission shall heeue an amendmont I
(
of Part M of this chapur shaR comply transfer of the license to the site owner. authonning closure if there is rsaeonable
- l aneurance that the long term with the requimmente of that secuen. An appucation for renewal or en l performance ot,)ectives of Subpart C of
- . 1helicensee shall not consider the . application for closure undet I stJB this part wiu besnet. ;
1 quantity o soust be Blod etleast 30 days prior to has s.en .,-t .f special ec nuclear materialhoenoe that s tion. ~
' (j)h authority la dispose of westes (b) ications for renewal of a ~ ~
empires on the date stated in the license license neuet be Bled in accordance with I ****"***"*"8
_ except a provided in i etsta)of this Il et.no through 61.14 and i 61.30. { '
part. Applications for closure met be Blod in ; Following completion of 4.losuse s .
7 authorised in I 61.28. the hcensee shall j observe, monitor, and carry out .)
2 March 30,1984 61-8
. - - _ _ _ _ - _ __-__ _ _ 2 __. _ . . _ _
PART 81 o LICENSIND REQUIREMENTS FOR LAND DISPGSAL OF RADIOACTIVE WASTE necessary maintenance and repairs at Subpart C-Performance Ot lectives Subpart D-Technical Requirements the disposal site until the license is for Land Disposal FacNities transferred by the Commission in i 61.40 General requirement.
accordance with I et.30. Responsibility Land disposal facilities must ta sited. I"# D *"* *""*W for the disposal site must be maintained designed, operated, closed, and by the licensee for 5 years. A shorter or (a) Disposel, site suitability for near-controlled after closure so that surface disposal.
- longer time period for post-closure reasonable assurance exists that l observation and maintenance may be exposures to humans are within the (1)D*?urpose of this section is to 1 e,stablished and approved as part of the I mits established in the performance specify thegnimum characteristica's I site closure plan, based on site-specific disposal site:rnust have to be acceptable objectives in il 61.41 through 61.44.
conditions. for use as a near surface disposal I $1.41 Protection of the general facility.ne primary emphasis in I O# D*"*# * **"*** population from releases of radosctivity. disposal site suitability is given to (a)Following closure and the period isolation of wastes, a matter having Concentrations of radioactive of post. closure observation and material which may be released to the IO"8-term impacts, and to disposal site ,
maintenance, the licensee may apply for features that ensure that the long. term I general environment in ground wster, performance objectives of Subpart C of en amendment to transfer the license t du al dplm*w the disposal site owner.no license this part are met, as opposed to short-animals must not result in an annual term c nunience or bents.
shall be transferred when the dose exceeding an equivalent of 25 Commission finds: millireme to the whole body.'/5 (2) The disposal site shall be capable (1)nat the closure of the disposal of being characterized, modeled, millirems to the thyroid, and 25 site has been made in conformance with analyzed and monitored.
millirems to any other organ of any .
the licensee e disposal site closure plan. member of the public. Reasonable effort (3) Within the region or state where y a the facility is to be located. a dieosal I',e amende4 and approved as part ofshould the be made to maintain relesses of 4 ***** - radioactivity in effluents to the general site should be selected so that pgjected Population growth and future p - (2)nat reasonable assurance has * ***"I**1 * **I*'*** "*blI
- ~been provided by the licensee that the developments are not likely to affect the
.. performance objectives of Subpart C of
- *U** *N . _ . ability of the disposal facility to meet
- . this part are met . I st.42 Protection of ineviduals from the performance objectives of Subpart C medvertent intruolon.
- of this part.
7 records (3) nat anywill for care funds and necessary be transferred to i Design. operatic.a. and closure of the : (4) Areas must be avoided hav3ng
! the disposal site owner; e land disposal facility must ensure ; known natural resources which.4f
' exploited, would result in failure to meet
- (4) Dat the post-closure monitoring ' protection of any individual program is operational for O inadvertently intruding into the disposal ; the performance objectives of Subpart C implementation by the disposal site of this part.
site and occup>ing the site or contacting
_3 (, owner; and (5) ne disposal site must be generally the waste at any time after active inatitutional controls over the disposal we!! drained and free of areas of A' (5) That the Federal or State government agency which will assume flo ding or frequent ponding. Weste site are removed. disposal shall not take place in a 100-responsibility for institutional control of m- the disposal site is prepared to as'sume I e1.43 Protection of individuais during year flood plain, coastal high-hazard G n -- area or wetland, as defined in Executive r responsibility and ensure that the
~. Institutional requirements found Order 11988. " Floodplain Management Operations at the land disposal
~ ^
necessary under i 61.23(g) will be mel. Guidelines.
_ facility must be conducted in compliance with the standards for (6) Upstream drainage areas must be
- (b)[ Reserved] minimized to decrease the amount of radiation protection set out in Part 20 of 5 ""'"* '" **"**' this chapter. except for releases of runoff which could erode or inundate I_le) Following any period of radioactivity in effluents from the land waste disposal unita.
(7) The disposal site must provide
, institutional control needed to meet the disposal facility. which shall be refluirements found necessary under sufficient depth to the water table that governed by I 61.41 of this part. Every
, I 01.23. the licensee may apply for an ground waterintrusion, perennf al or l reasonable effort shall be made to otherwise,into the waste will not occur.
amendment to terminate the license, maintain radiation exposures as low as (b) nis application must be filed, and He Commisslor will consider en is reasonably achievable. **ception to this requirement te allow will be reviewed, in accordance with the I 61.44 stat >mty of the deposal Wte after disposal below the water table if it can provision of I 81.20 and of this section. be conclusively shown that disposal site osoeure, i (c) A license is terminated only when characteristics will result in molect.lar the Commission finds: De disposal facility must be sited, dffuslen being the predom'nant means
! 81) That the institutional control designed. used, operated. and closed to o en and the rate
! requirements found necessary under acl leve long-te- Wuiitty ohhe f,*, ,","'IId, l 61.23(g) have been met; and dispm-J mte and to eliminate to the performance objectives of Subpart C of l extent practicable the need for ongoing
! (2) Dat any additional requirements this part being met. In no case will resulting from new information active maintenance of the disposal site waste disposal be permitted in the zone j developed during the institutional fo!!owing closure so that on!Y of fluctuation of the water table.
control period have been met, and that surveillance, monitoring, or minor (a) ne hydrogeologic unit used for permanent monuments or markers custodialcare are required. disposal shall not discharge ground warning against intrusion have been water to thepurface within the disposal installed. s te.
61 9 December 30.1982 l
l
PART 61 o LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE' (e) Areas must be avoided where with weste during disposal, and the (a) A buffer mone ofland asset be tectonic processes such as faulting. contact of percolating or standing water mainteined between any buried waste folding. seismic activity, or vulcanism with wastes after disposal. and the disposal site boundary and j may occur with such frequency and (b) Disposal site design for other than beneath h disposed waste.no buffer extent to significantly affect the ability near-surface disposal (reserved)L none shall be_of adequate dimensions to of the disposal site to meet the carry out an ental monitoring performance objectives of Subpart C of this part, or may preclude defensible
( ,8",,**'"Y'P"
(a) Near surface disposal facility activities e part and in I et.53(d) of this swastigative measures if modelms and prediction oflong-term nuded.
impacts. oPerstion and disposal site cloewe. p) Omi subilim mum !
(1) Wastes designated as case A as set forth in the approved site closure (10) Areas must be avoided where surface geologic processes such as mass {ursuant u i e1.55.Ypamust 8 be segregated
'E W mW Md out u M a westing. erosien, slumping. landsliding, or weathering occur with such frequency g", 0 Q*,8 d t t disposal unit (e g each trench)is filled and covered.
and extent to significantly affect the dupwal uds for h ohr wate (10) Actin weste dispoul operations desses so that any interaction between ability of h dispoul site to nneet the must not have an adverse effect on performance objectives of Subpart C of Cass A wastes and oL wastes will Completed closure and stabilisation this part or may preclude defensible not result in the failure to meet b performance objectives in Subpart C of musums.
modeling and prediction of long-term (11) Only westes containing or this Part. His segregation la not impacts' contaminated with radioactive materials (11)De disposal site must not be necesury for cass A wastes if they meet se stabihty requireawnta la shan be disposed of at the disposal site.
located where nearby facihties or i el se(b) of this part. clo(b) actisities could adveruly impact the N Wastes designated as Cass C sureFacility for land operation and disposal disposal facilities other site E f rman e of ecti e f Subpart C of Pumant to I 81R must be &aposed of San neesudace WuM g 4 ao ee wa 101.83 Environmentalmenmering. {
this,part or significantly mask the t hjop, e ; envaronmental monitoring program.
surface of the cover or must be disposed (a) At the time a license application is (b)Disposa site suitability submitted, the applicant shall have reituirements for land disposal other of with intruder barriers ht are -
g conducted a preoperational monitoring
- than near-surface (reserved). . inadvertent intrusion for a least 800 . program to provide basic environmental
- : Ia1.s1 Disposal site dessen ser land years. ; data on the disposal site characteristics.
- dispeast (3) A!! wastn shallbe disposed ofla ; %e applicant shall obtain information I~ (a) Disposal site design for near.
- accordance with the requirements of f about the ecology, meteorology, climate.
- surface disposat ; paragraphs (a)(4) through [11) of this hydrology, geology, geochemistry, and (1) Site design features must be section.
- se smology of the disposal site.For 7 directed toward long term isolation and (4) Wastes must be emplacedin a those characteristics that are subject to
.e avoidance of the need for continuing manner that maintains the package seasonal variation. data must cover at active maintenance after site closure. integrity during emplacement, minimizes least a twelve month per6od. -
(2) De disposal site design and the void spaces between packages, and (b)The licenue must have plans for
, , operation must be compatible with the permits the void spaces to be filled. taking corrective measures if migration disposal site closure and stabilization (5) Void spaces between weste of radionuclides would indicate that the Y plan and lead to disposal site closure packages must be filled with earth or performance objectives of Subpart C
. . that provides reasonable assurance that other material to reduce future may not be met. -
the performance objectives of Subpart C subsidence within h fill. (c) Dunns k land disposal facility ofihis part will be met. (6) Waste must be placed and covered site construction and operation. the l _ (3) The disposal site must be designed la a manner that limits the radiation licensee shall maintain a monitoring i to complement and1rnprove, where . dose rate at h surface of the cover to program. Measurements and i . appropriate, the ability of the disposal levela that at a minimum will permit the observations must be made and
- . site's natural characteristics to assure licensee to comply with all provisions of recorded to provide data to evaluate b
] that the performance objectives of I 20.105 of this chapter at the time the potential health and environmental
- e Subpart C of this part will be met. license is transferred pursuant to 8 81.30 impacts during both the construction (4) Covers must be designed to of thispart. and the operation of the facility and to i minimize to the extent practicable water (7)ne boundaries andlocations of enable the evaluation oflong term
- Infiltration, to direct percolating or each disposal unit (e.g., trenches) must effects and the need for mitigative surface water away from the disposed be securatelylocated and mapped by measures.%o monitoring system must
- wa ste, and to resist degradation by means cf a land survey. Near surface be cepable of providing early warning of
. surface geologic processes and biotic disposal units must be marked in such a releases of radioeuclides from the l activity, way that the boundaries of each unit disposal site before they leave the site (5) Surface features must direct can be easily defined. nree permanent boundary, surface water drainage away from survey marker control points, referenced (d) After the disposal site is closed, disposal units at velecties and to Unithd States Geological Survey the licenne responsib!e for post- .
gradients which will not result in (USGS) or National Geodetic Surn ey operational survfillance of sne disposal '
erosion that wi!! require ongoing active (NCS) survey cohtrol stations, must be site shall maintain a monitoring system maintenance in the future. established a the site to facilitate based on the opdrating history and the
! (6)De disposal site must be designed surveys.The USGS or NCS control closure and statslization of the disposal i to minimize to the extent practicable the stations must provide horizontal and site.He monitoring system must be contact of water with waste during vertical controls as checked agabst capable of prov9ing early warning of l
storage the contact of standing water USGSD or NCS record files. releases of radionuclides from the -
1 December 30,1982 61 10
- PART 61 o LICENSING REQUIREMENTS F3R LAND DISPCSAL OF RADIOACTIVE WASTE disposal site before they leave the site (iv) Weste that la not generally (iv)If the concentration exceeds the boundary, acceptable for near. surface disposalis value in Column 3. the waste is not waste for which waste form and generally acceptable for near. surface Iam MemettverequkementsW disposal methods must be different. and disposal W"""*"*" in general more stringent, than those (v) For wastes containing mixtures of ,
The Commisslors may, upon request or specified for Class C usste. In the the nuclides litted in Table 2. the total 1 on its own initiative, authorize absence of specific requirements in this concentration shall be determined by provisions other than those set forth in part. proposals for disposal of this waste the sum of fessions rule described in il 61.51 through 81.53 for the may be submitted to the Commission for paragraph (aq) of this section.
segregation and disposal of waste and approval, pursuant to i 01.58 of this i for the design and operstion of a land part. Tasu 2 disposal facility on a specific basis. ifit (3) Classification determined by long-finds reasonable assurance of lived radionuclides. lf radioactive weste C'0*E** *.l"*
compliance with the performance contains only radionuclides listed in "**** e, e, C" '
objectives of Subpart C of this part. Table 1. classification shall be a O I '*******""""""'
i nss waste esseemcemen. gg) co]cen bn does not "
(a) Claasification of weste for near exceed 0.1 times the value in Table 1. e.-a "" "o 0 $
surface disposal. the waste is Class A. C+*8
- n IS (1) Considerations. Determination of (ii)If the concentration exceeds 0.1 U.
a,-so s
n.
E m
r*
ma the classification of radioactive waste times the value in Table 1 but does not C"8' ' ** **"
involves two cons!derations. First. exceed the value in Table 1. the waste is consideration must be given to the Class C. ini a i,.=s m mise in e y concenttation oflong-lived (iii)If the concentistion exceeds the ",,,",*, , *,
- c, y,a,,,.,,,m, ,a,,i gy,g.
enemoc=. m, a m 9- radionuclides'(and their shorter-lived value in Table 1 the waete is not e,,,. g m, ,'* ,,, a
- s,y y,,a,',.==,g =y,, og precursors) whose potential hazard will generally acceptable for near-surface = _ __ e -- vs
" e persist long after such precautions as riisposal. T'"**'"*"0"C**"'*"'*""
institutional controls. Improved waste (iv) For wastes containing mixtures of
- form. and deeper d2sposal have ceased radionuclides listed in Table ~1. the total (5) Classification determined by both
~
to be effective.%ese precautions delay
- concentration shah be determined by 3 long- and short-lived radionuclidei If
- the time when long-hved radionuclides 7; the sum of fractions rule ducribed in I radioactive waste contains a mixture of E could cause exposures. In addition, the { paragraph (a)(7)of this section.
- radionuclides, some of which are hated a magnitude of the potential dose le
- in Table 1. and some of which are listed
- T** 1
- in Table 2. clauification shall be limited by the concentration and availabihty of the radionuclide et the c. determined as follows
time of exposure. Second. conal,deration n,,,,,,,,, ,,,,',", (i)If the concentration of a nuclide f
must be given to the concentration of am. listed in Table 1 does not exceed 0.1 shorter.hved radionuclides for which times the value listed in Table 1. the requirements on institutional controls, c. .._ e class shall be that determined by the waste form, and disposal methods are c.u e me e mim ao concentration of nuclides listed in Table
% effective. am "ee 'e' "e*u*s.*o**n" an es u 2.
'=-
(2) Clcsses of waste. (1) Class A waste v -es s (ii)If the concentration of a nuclide ses is waste that is usually segregated from other waste classes at the disposal site.
Ze ,,,,,e,.,,.
m%. , ,.
. ,ee listed in Table 1 exceeds 0.1 times the value listed in Table 1 but does not ne physical form and characteristica of hai a:Joo exceed the value in TableJ. the waste cm s** *aum Class A waste must meet the minimum shall be Class C. provided the requirements set forth in i 81.5e(s). If _
'wims 'we== seres = concentration of nuclides listed in Toble
, Class A waste also meets the stability (4) Classification determined by short. 2 does not exceed the value shown in requirements set forth in 161.5e(b). It la Column 3 of Table L lived radionuclides. If radioactive waste not necessary to segregate the weste for does not contain any of the (6) Classification of wastes with a disposal. radionucl; des listed in Table 1. radionuclides other than those listed in (ii) Class B waste is weste that must classif; cation shall be determined based Tables 1 and 2. If radioactive waste meet more rigorous requirements on on the concentrations shown in Table 1 d es n t c ntain any nuclides listed in we ste form to ensure stability after Howeser, as specified in paragraph either Table 1 or 2. it is Class A.
disposal.The physical form and (a)(e) of this section.if radioactive (7)ne sum of the fractions rule for characteristics of Class B waste must waste dces not contain any nuclides mixtures of radionuclides. For meet both the minimum and stability listed in either Table 1 or 2. It is Class A. determining classification for weste that requirements set forth in i 81.56. (i)!f the concertration does not contains a mixture of radionuclides. it is (iii) Class C waste is weste that not exceed the value in Column 1. the waste necessary to determine the sum of only must meet more rigorous is Class A. fractions by dividing each nuclide's '
requirements on waste form to ensure (ii)If the concentration exceeds the concentration by the appropriate limit stability but also requires additional value in Column 1. but does not exceed and adding tht resultirig values.ne e measures at the disposal facility to the value in Column 2. the weste la appropriate listits must all be taken protect against inadvertent intrusion. ClassB. from the sameTeolumn of the same table.
The physical form and characteristics of (iii)If the concentration exceeds the ne sum of thefractions for the column Class C waste must meet both the value in Column 2, but does not exceed must be less than 1.0 if the waste class minimum and stability requirements set the value in Column 3. the waste is is to be determned by that column.
forth in i 81.56. Cla n C. Example: A waste contains St-90 in a i 61 11 Decemt>er 30,1982 l
l l
i
PART 81 o LICENSING REQUIREMENTS FDR LAND DISPCSAL CF RADICACTIVE WASTE mazimum extent practicable the owned in fee by the Federal or a State concentretion of 50 Ci/m* and Co.137 in potential hazard from the non- government.
a concentration of 22 Ci/m* Since the concentrations both exceed the values radiological materials. (b)Institutiono/contml. %e land ;
in Column 1. Table 2 they must be (b)ne requirements in this section owner or custodial agency shall carry compared to Column 2 values. For St-00 are intended to provide etabuity of the out an institutional control pmgram to fraction 50/150=&33; for Co.137 w sete. Stability la intended to enswo phyelcally control access to the disposal fraction. 22/44 =0.5; the sum af the that the waste does not structurally site following
- degrade and affect overall stabdity of disposal site pm(7ansfer the disposalofsite control of the fractions =0.83. Smce the sua is less than 1.0, the waste is Class B. the ette through slumping, collapse, or operator. notitutional control (8) Determinatipn of concentmtions in other failure of the dispoul unit and program mm , pleo include, but not be wastes. He concentration of a tnereby lead to water infutration. limited to, carrying out an radionuclide may be determined by Stability le also a factc. in limiting environmental monitoring program at ,
indirect methods such as use of scaling exposure to an inadvertent intruder, the disposal site, pelodic surveillance, factors which relate the inferred since it provida a recognizable and minor custodial care, and other eencentration of one radionuclide to nondispersible waste. requirements as determined by the another that la measured, or Commission; and administradon of (1) Waste must have structural radiortcuu. material accountabuity, if stability. A structurally stable waste funds to cover the costs for these there is masonable assurance that the form wiD generaDy maintain its physical activities.no period ofinstitutional indirect methods can be correlated with dimensions and its form, under the controls will be determined by the actuas measurements.De concentration Commission, but institutional controla expected disposal conditions such as of a radionuclide may be averaged over we ght of overburden and compaction may not be relied upon for more than the volume of the waste, or weight of the equipment, the presence of moisture. 100 years following transfer of control of waste if the units an expressed as and microbial activity, and internal the disposal site to the owner.
nanocuries per gram. i
= . factors such as radiation effects and Subpart E-Financial chemical changes. Structural stabaity d -
Ie1.ss' weetIcharactertassa,
,[a)ne folfowing requiremente are can be provided by the waste fom let.st Appacent guennessona
' itself, processing the waste to a stable --
minimum requirements for all classes of fom. or placing tha. waste in a disposal Each applicant shall show that it waste and are intended to facuitate containn or structum that provides
~
either possesses the necessary funde or
. handling at the disposal site and provide
- stability after disposal
- bu reaniaable assurance of obtaining
_ ; protection of health and safety of
- 0. personnel at the disposal site.
- " (2) Notwithstanding the previolons in ;' the necessary funds, or by a -
- e. (1) Weste must not be packaged for
- 1161.56(a) (2) and (3). liquid wastes, or
- combination of the two, to cover the
' disposalin cardboard or $berboard s wastes containingliquid,mustbe & estimated costs of conductm* g all O boxes. ; converted into a form that contains as ~*
licensed activities over the planned (2)IJguld weste must be solidined or little free standing and noncorrosive operating life of the project, including packaged in sufficient absorbent liquid as is reasonably achievable, but costs of construction and disposal material to absorb twice the volume of in no case shall the !! quid exceed 1% of
.c I 81.s2 Funding for eBaposal alte eloeure the liquid. the volume of the waste when the waste ,
is in a disposal container designed to anda** m a==
(3) Solid waste containir g liquid char contain as httle free standing and ensure stability. or 0.5% of the volume of (a)De applicant shallprovide
% noncorrosive liquid as is reasonably the waste for weste processed to a assurance that sufficient funds will be achievable, but in no case shall the stable form, available to carry out disposal site
- 5 closure and stabilization. including: (1)
- liquid exceedis of the volume. (3) Void spaces within the waste and (4) Waste must not be readily capable between the waste and its package must Decontamination or dismantlement of of detonation or of exploelve be reduced to the extent practicable. land disposal facility structures; and (2) closure and stabilisation of the disposa!
decomrosition or reaction at normal I " I"*""8' site so that following transfer of the
-' pressures and temperatures, or of Each package of waste must b*
explosin reaction with water.
disposal site to the site owner, the need
'($) Waste must not contein, or be clearly labeled to identify whether it is for ongoing active maintenance is Class A waste. Class B waste, or class C eliminated to the extent practicable and
!' capable of generating, quantities of toxic waste in accordance with $ 81.58, only minor custodial care. surveillance.
, gases, vapcts. or fumes harmf I to persons transporting handlirs or and monitoring are required.nese I st.se Anomaeve r_1 cuts for waste assurances shall be based on disposing of the waste.his does not clasemcat on and sharactertomaa.
apply to radioactive gaseous weste Commission approved cost esumatse ne Commission may.upon est or reDecting the Comcsission. approved packaged in accordance with paragraph on its own initiative. authorize plan for da, posal site closure and (a)(7)of this section. provisions for the classification and stabilization.ne applicant's cost (6) Waste must not be pyrophoric. charactMcs d wuh on a spdne pyrephoric materials contained in waste estimates must take into account total shall be treated, repand, and packeged if dte evduatim M h s#6c buis'cteristics of the weste, disposal capital costs that would be incurred if chara an independent contractor were hired to to be nonnanuna le. site, and method of disposal,it finds (7) Waste in a geseous form must be reasonable assurance of compliance perform the closure and stabilization packaged at a pressure that does not work.
Mth b pufw- obWu h (b)In mde@ avoid unnecessary a exceed 1.5 atmospheres at 20*C. Total Subpart C of this part.
acWity must not exceed 100 curies per duplication and expense. the container. ISt.se Instnutionalmguirements. Commission will accept financial (8) Waste conta:ning hasardous. (a) Landownership. Disposal of sureties that IIave been consolidated biological, pathogenic. or infectious radioactive waste received from other with earmarked financial or surety material must be treated to reduce to the persons may be permitted only onland arrangement (utablished to mut ,
)
December 30,1962 61 12 1
. . i S PART 81 o LICENSIN3 REQUIREMENTS FOR LAND DISPOSAL OF RADIDACTIVE WASTE <
l requirements of other Federal or State I license has been transferred to the site Commission regulations. licensing 1 agencies and/or local governing bodies owner. procedures, potential schedules. and the 1 for such decontamination, closum and (s) Financial surety arrangements type and scope of State activities in the stabiliation.He Commie. ion will generally acceptable to the Commission license review permitted by law.In l t accept this arrangement only if they are include: surety bonds, cash deposits, addition. etaff shall be made available l considered adequate to settsfy hee certificates of deposits, deposits of to consult sad coo requirements and that the portion of the government securities, secrow accounts. or tribal governi&g,pwate with the body in developing State surety which covers the closure of the irrevocable letters or lines of credit, proposals for.pasticipation in the bcense disposal site is charly identified and trust funds and combinations of the review.
2 committed for use in accomplishing above or such other types of these activities. arrangemente as may be approved by $ 31.73 Fang oIpropeeste for geste and
! (c) & licensee's surety mechanism the Commission. However, self. Treale will be annually reviewed by b insurance, or any strangement which (a) A State or tribal governing body Commission to assure that sufficient essentially constitutes pledging b whose intmet is affected by a near.
funds are available for completion of the assets of the licensee, will not satisfy surface disposal facility at the proposed closure plan, sesuming that the work the surety requirement for vote sector site may submit to the Director a has to be performed by an independent applicants since this es no proposal for participetion in the review contractor. additional aoeurence other than that of a license apphcation. Proposals must (d) The amount of surety liability which already exists through license be submitted within the following time should change in aw -M.s with the requirements. periods:
predicted cost of future closure and (1) For the State in which the disposal stabilization. Factors effecting closure " - - - ' * ' facility will be located, or any State that and stabilisation cost estimates include:
is member of an interstate compact that inflation: increases la the amount of (a) Prior to the leeuence of the home. includes the State in which the dis 1 P disturbed land:xhanges in engineering the applicant shall provide fe' facuity is locaud, no latw kn M e
& plans: rJosure and stabilisation that has ""desin mview and approval a following publication in the Federal p e alteedy been o'ccomplished and any copy of a binding arrangement. such as a lease, between the appbcant and the Register of the notice of tendering o an other conditions affecting costs.nis application submitted under i 31.20.
j will yield a surety that le et least disposal site owner that enewes that
- or for a tribal sufficient at all times to cover the costs sufficient funds will be avellable to (2) Forbody, verning any no other later State'han t 120 days
_ = of closure of the dispoul units that are cover the costs of monitoring and any [*Hwing
. : expected to be used beim the next
- required maintenance during the
- institutional control period. N binding
- g,,g ,,[ubhud b Fdeli the notice of tendering of an
_.
- license renewal application submitted under i 31.30.~
s (e) & term of the surety mechanism a arrangement will be mytowed *
' " periodicaUy by the Commission to a (b) Propea1e for panicipadon in b
- must be open ended unless it can be
- licensing process must be made in
- demonstrated that another arrangement - ensure that changes in inflation. , wriung and mut be signed by ee would provide an equivalent level of
- technology and disposal facihty op m u m m mnecia m ee or *
., as.u,anc ni. assu,ance .uid be provided with a surety mechanism arre tx T,,rfae,,,, ,5;;;;,y*gci;i , , , ,,,
(b) beequent changes to the bindag g,"-
which is written for a specined period of i time (e 34five years) yet which must be arrangement specified in paragraph (a) (c) At a minimum. proposale must
-"% automaticeDy renewed unless b party of this section relevant to institutional oc ntain each of the following items of
= who issues the surety noti 6es b control shall be submitted to the information: -
1 Commiselon for approvat (1) A general description of how the
' ' ~ Commission and the beneficiarf (the State or tribe wishes to participate in
- site owner) and the principal (the Subpart F ^"- by State
^
licensee) not less than 90 days prior to the licensing procou specifically I
the renewal date of its intention not to Gommente and Indian Trees identifying thow feeues it wishes to
~
-' renew. In such a situation the licensee 'gst.ys,go p MVk"-
' (2) description of material and must siabmit a replacement surety within nie subput descrbs moduisme 2 days after notification of inf rmation which the State or tribe -
l, ti. rough which b Comminid *"* "" '
cancellation. If the licensee fails to implement a formal request from a State
, provide a replacement surety acceptable ** " '" *" #'"
or tribal vernment to participate in the tentative schedule refencing steps in to the Commission, the site owner meF revkw [a licem applicaum fa a
' E'
( f i not be subps pr ub tt is ho Id i uded.
aecessary to collect the surety so that in c b (3) A description of any work that the State or tribalgoverning bod f
- the event that the licensee could not participating in subsequent brosa State or tribe proposes te perform for leelon provide en acceptable replacement the Commission in support of the procadings concaning b hmm Ucmins prmes-omty within the requimd tiant ne application se provided under Federal surety sna!! be automa*1cally conected law and mguladont (4) A description of State or tribal prior to its expiration. He conditione plans to facilitate local government and described above woeld hows to be I g1.Ft State and Tseef govemment citizen pstticipation.
clearly stated on any surety instrument eenedtesen- (5) A preliminary utimate of the types i
which is not open-ended. and must be Upon mquest of a State or trhl and extent ofimjiacts which the State
- agreed to by aR parties. IJability under governing body, h Director shall make expects, should adisposal facility be ,
the surety mechanism most remain in available Commission staff to discuse located as proposed.
effect until the closure and stabilisation with reprwentatim of the State or (6)If desired, any requests for program bee been EJ'eted and tribal governing body information educational or inprmation services approved by the Comunission and the submitted by the applicant, applicable (seminars, public meetings) or other i
61 13 December 30,1962
1 '
! PART 61 o LICENSING REQUIREMENTS FOR LAND DISPOSAL CF RADIOACTIVE WASTE I
sedone from the comuniesion such as (d)If there is a confhet between the the fleet salender quarter of eed year establishment of additional public t'amminalon's regulations in h part, for the preceding year:(2)De i I
Document Rooms or exchange of State license condition, or other written ohellinclude (1) specificanos of Coauniulon approval or autbodsation quantity of each of the principal I personnel under the later5overnmental personnel Act. pertaining to the retention period for the radioeuchdeo released to unrestricted l emme type of record, the et area in liqiild and in airborne effluents i41.73 Commissionapprovedof stenUon period specined during the pre @" ding year. (ii) Ibe results =
i propoemen. ,, -_- g =
of the savtreamental monitorlag (a)Upon receipt of a proposal (e) Notwithstanding paragraphs (e)* program.[' unmary of Econsee submitted in accordance with I e1.72. (d) of tWe section, copies of disposal unit ey and maintenance of thelocation and be quantity
- the Director shall arrange for a meeting ecHv du,(iv) & sumanary,by waste between the representatives of the State of radioactive westes contained in the clees, of activities and quantities of ,
i or tribal governing body and the disposal site must be treneferred upos radionuclida disposed of.(v) any
! Commission staff to discuss the bcense termination to the chief botamose la which observed elle j proposal and to ensure full and effective executive of the nearnt municipality, characterieuce were signincantly j participation by the State or tribe in the the chief executive of the county la different from those described la the i commission's license review. which the facility is located, the county eppucatlos for a license; and (vi) any ,
(b)If requested by a State or tribal soning board orland development and otherinformation b Comuniulon may governing body, the Director may planning agency, the State governor and require. If the quantities of radioactive 1 approve all or any part of a proposalif other State, local and Federal materials roleesed during the reporting
! the Director determines that: governmental agencies as designated bF period, monitoring resulta, or
! (1)De proposed activities are within the Commission at the time o6hcense maintenance performed are
- the scope of Commission statutory termination. -signincant!!y different from these -
i responsibility and the type and (f) Following receipt and ecceptance expected in the materiale ,..M i P magnitude ofimpacts which the State or of a shipment of radioactive weste, the reviewed a pH of the Hcensing M 4~ tribe may bear are sufficient to justify licensee shall record the date of disposal the report must cover this speciR613y.
p their participation: and of the weste, the location in the di
. _ (j)Each beenm shau repon in (2)De proposed activities wiu site, the condition of the waste pa agu accordance *, Ith the requirements of
(
contribute productively to the licensing . as received, any discrepancies betwees
- i m52 o% %hr'
?
. - . review. . materials listed on the manifest and : k) Any transfer of byproduct, emce, i ; (c)De deciolon of the Director wiu be 3 'those received, and any evidence of ;e an(d special nuclear materials by the j -
transmitted in writing to the governor or " leaking or damaged packages or w Ecensee is subject to the requirements in
' - E the designated official of the tribal radiatfon or contamination levels in
- excess oflimite specified in Department ; il 30.41,40.51, and 70.42 of this chapter.
E governing body. of Transportation and Conualesion Byproduct, suce and alnucl w (d) participation by a State or Indian makrial means makria as denned in tribe shall not affect their rights to regulatione. De licensee shall briefly ll
~ participate in an adjudicatory hearing as describe any repackaging operations of &* pens, mopectinly.
- provided by part 2 of this chapter, any of the waste packages includedin getAt Tests at land espeese feommes.
the shipment, plus any other information k.j (e) Each bcensa shan pufwa, w
! Subpart G--Records, Reporte, Testa, required by the Conunleston as a 1. cense permit the Commluton to perform, any i 'and hopecdons andson. tats as se Commission duas (3) Each licensee shall comply with appropriate or necessary for the y Ie1Je taewmnce of records,mpede* the safeguards reporting requirements of 8"U' adminletration of the regulatione la this i i-- -
il 30.55. 40.64.70.53 and 70.54 of this part inclueng tuts of
, (a) Each licensee shall maintain anF chapter if the quantities or activities of
- ncords and make any reports in materials received or transferred exceed (1) Radioactive westes and facilities connection with the licensed activities the limits of these sections. Inventory need for the receipt. etorage, treatment.
as may be required by the conditions of ' reporu required by em wcdou am handling and disposal of radioactive
, -[ the~ license or by the rules, regulations. wastes.
4 not required for materials after disposal l, and orders of the Commission. (b) Eachlicensee authorized to (2) Radiation detection and (b) Records which are req dred by the dispose of radioactive waste received monitoring instruments: and
, regulations in this part or by bcense from other persons shall fue a copy of (3) Other equipment and devices used conditione must be maintair.ed for a its financial report or a certiSed hi connection with the receipt.
- period specified by the appropriate financial stateme 3t annually with the poesession. ha' idling, treatme,t. storige.
regulations in this chapter or by lipense Commiselon la order to update the or disposal of radicartive waste.
condition. If a retention period le not information base for deteredntas (b)(Rmrved] .
otherwise spacined, these records mest Anancial qualiBeations. !
6 St.at commiaelen inspections of land
, ta 2naintat.ed and treneferred to the (i)(1)Eachlicensee authorised tc officials specified in paragraph (e) of dispose of waste materials received esamt sseawee. l i
this section as a condition of license f6om other reroons, pursuant to this (a' Each licensee shall afford to the terminelion unless the Co==lamica part. shall a;bmit annual reports to the Comm!selon at all reasonable tunes otherwise authorizes their disposition. oppropriate Commiselon regional office opportunity to inspect radioactive weste (c) Records which must be maintained abown la Appendix D of Part 20 of this not yet disposed of, and the premises, chapter, with evies to the Director of equipment, ogerations, and facilities la -
pursuant to this part may be the original or a reproduced copy or micronla 11 thle the Office ofInspection and which redioactive wutu are receind, reproduced copy or microfUm le capable Enfoecoment and the Director of the possessed. hagdled, tuoted, stored, or of producing copy that le clear and Diviolon of Weste Management, disposed of.
l '
legible at the end of the required USNRC, Washington, D.C.,30555. (b) Each licensee shall make avellable retention period. Reports shat! be submitted by the end of to the Coms#sion for inspection, spea ,
)
December 30,1982 61 14
s PART 81 o LICENSIN3 REQUIREMENTS FOR LAND DISPESAL OF RADIOACTIVE WASTE reasonable notice. records kept by it pursuant to the regulations in this chapter. Authorized representatives of the Commission ruy copy and take away copies of, for the Commission's * ..
use. any record required to be kept ~; **
pureuant to this part. ,, a
$ gst.as m =or other court order N#
An injunction may be obtained prohibiting any
, a violation of any provision of the Atomic I Energy Act of1984, as amended, or any
- regulation or order issued thereunder. A court order may be obtained for the payment of a civil penalty haposed pursuant to section 234 os the Act for violation of section 53. 57. 82. 83. 81. St.
101.103.104,107,orlos of the Act or section 20s of the Energy Reorganization Act of1974, or any rule.
The following amendments are also made to existing parts of the regulauone P
in this chapter, ,
- 4 .~ -
+ ; ~:
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e
. .e
.e k i - .
-=-
g .
~- . - - . . -. -- -
M l 61 15 December 30,1982 1
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