ML20236E626

Forwards Answers to Questions in Re Siting Process That Will Eventually Determine Where State of Ny Low Level Radwaste Disposal Facility Be Placed

ML20236E626
Person / Time
Issue date:	07/19/1989
From:	Rathbun D NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To:	Boehlert S HOUSE OF REP.
Shared Package
ML20236E630	List: ML20236E626 ML20247D875
References
REF-WM-3 NUDOCS 8907250319
Download: ML20236E626 (45)

Text

{{#Wiki_filter:.; .__. -. ~ _ -p

r.J r

t D .{7.[ Q ' (o UNITED STATES. Vf[( - 4 A ' NUCLEAR REGULATORY COMMISSION .g- .W 'j WASHINGTON, D. C. 20555 ?g +. ,o s . July _19, 1989 The Honorable ~Sherwood Boehlert United States House of Representatives Washington, D.'C. 20515

Dear Congressman Boehlert:

In your June'1,1989 letter to Mr. Tom Combs of my staff,'you asked several questions' raised by your constituents concerning the siting: process that'will eventually determine where New York's' Low-Level - Radioactive Waste disposal facility will be placed. Enclosed, please find listed each of your questions'and our response. If we may be of further assistance, please-let us know.- Sincerely, )M5 Dennis K. Rathbun, Director Congressional Affairs Office of Governmental and 4 Public Affairs

Enclosure:

As Stated . k907 2 303 l 9 qs g;, ~ l Q Ccs % FULL TEXT A3CH SCAN ~ I) t / .~ I

.o g. 'O E RESPONSE TO QUESTIONS 14, 15, 16, 17 AND 20

14. With regard to the yearly allowable release limits established by NRC, what studies are the basis for these standards? Please provide the documentation of the standards themselves and the studies on which these standards are based. Are NRC's standards consistent with those established by the EPA? (Please provide a detailed explanation).

.The studies which are the basis for the performance standards established by the NRC are described in the Draft and Final Environmental Impact Statements (EIS) on 10 CFR Part 61, " Licensing Requirements for Land Disposal of Radioactive Waste" (NUREG-0782 and NUREG-0945) and in the Supplementary Information published with the standards in the Federal Register (Vol. 47, No. 248) on December 27, 1982. A copy of the Supplementary Information is enclosed. We will send NUREG-0782 and NUREG-0945 under separate cover. The EPA has not as yet established standards for disposal of low-Level Waste. If and when EPA establishes standards for LLW disposal, NRC will consider appropriate revisions to 10 CFR Part 61. The NRC standard is consistent with EPA standards for other facilities in the uranium fuel cycle (e.g, reactors, fuel fabrication plants).

15. The NRC still allows LLRW disposal to be accomplished by shallow land burial. What U.S. states are currently pursuing shallow land burial as their disposal technology?

In view of the difficulties that have been encountered at the other shallow land burial sites, how does NRC justify this disposal method? For our purposes, shallow land burial is termed near surface disposal. Near surface disposal of low-level radioactive waste is recognized in the Low-Level Radioactive Waste Policy Act, as anended, as being available at Barnwell, South Carolina; Richland, Washington; and Beatty, Nevada subject to certain limitations as set forth in the Act, including the one that each of these sites can be shut down on December 31, 1992 (see 42 U.S.C. sec. 2021e(b).). Near surface disposal is being considered in the Northwest, Rocky Mountain, and Southwest Compacts.

l 0 i 5 l l O s l Response to Questions Existing near surface disposal sites for low-level radioactive waste in the IJ.S. were sited and began operation before NRC promulgated its requirements in 10 CFR Part 61. NRC developed 10 CFR Part 61, in part, to prevent the difficulties encountered at some of these near surface disposal sites and to enhance protection of the public and the environment at new low-level radioactive waste disposal facilities. The above-referenced EIS documents demonstrate the ability of disposal facilities that meet NRC's requirements in Part 61 to protect the public health and safety and the environment. 16. What is the history of allowable exposure to the public as designated by the International Committee on Radiological Protection (ICRP)? (Please provide dates and corresponding allowable exposure to the general public and to workers from 1954 through 1989). Is ICRP currently reviewing or soon to review its own established limits? Please provide details including time lines, reasons for review (pertinent studies, etc.), and recommendations. The various dose limits recommended by the International Commission on Radiological Protection are shown in the attached Table 1. The ICRP is currently reviewing its prior recommendations. This work is currently being carried out by the ICRP's four committees. Publication of these recommendations is anticipated for some' time in 1990. 17. Explain the rationale for the proposed shift from the critical organ approach to the whole body dose equivalent approach when measuring allowable exposure to radiation. The whole body equivalent approach (" effective dose equivalent concept") was intended to provide a risk-based method of controlling the total potential health risk from radiation. In this system, individual organ doses are multiplied by weighting fectors and then summed. These weighting factors reprasent the fraction of the total health impact that is contributed by eaci organ. Controlling the risk-weighted sum of the organ doses controls tne total health risk. In the critical organ approach, the risk to each organ is controlled separately with reference to individual organ dose limits. l

1 + ' Response to Questions 20. Can an agreement state pass regulations which are more stringent than those of the NRC? Under.the Agreement State program, a State assumes and the NRC relinquishes authority for the licensing and regulation of most categories of radioactive materials licensees within the State. Congress, in adopting Section 274 of the Atomic Energy Act, stated that the intent was to have material regulated and licensed either by the NRC or by the State governments, but not by both. Two criteria used by Congress in drafting provisions of Sectioc. 274 which distinguished activities appropriate for State regulatory control from those over which federal regulatory control should be retained were: (1) the extent to which the activity involved interstate, national or international matters; and (2) the extent to which the activity presented special hazards and complex technical problems affecting safety. In 1959, when Section 274 was enacted, licensing and regulation of radioisotopes constituted a major part of the NRC's activities and Congress"... recognized the regulatory functions to be exercised by the states would differ little from the regulatory functions which the States were currently performing with respect to other sources of radiation..." In this area, Congress also recognized the importance of requiring compatibility in the regulations The and standards to be applied in both the federal and state programs. Joint Committee on Atomic Energy specifically addressed this point through amendment to the legislation af ter hearing " testimony before it by numerous witnesses of the dangers of conflicting, overlapping and inconsistent standards in different jurisdictions, to the hindrance of industry and jeopardy of public safety." Then Chairman Anderson of the Joint Committee provided additiona'l clarification during Senate debate stating that "The Coninittee had amended the bill in certain respects to emphasize the importance of uniformity of standards at all levels of government."(*) Thus, Section 2749. of the Atomic Energy Act, which was enacted, authorizes and directs the NRC to cooperate with the States in the formulation of standards to assure that State and NRC programs will be coordinated and compatible. The NRC's Policy Statement for Evaluation of Agreement State Radiation Control Programs, published June 4,1987(52FR 21132), states that the statutory standard of compatibility is implemented by requiring that the text of certain types of State regulations be essentially identical to the regulatory text promulgated by NRC. There are several specific cases where Agreement States are not permitted to adnpt regulations more stringent than NRC, that is the Agreement States must have regulations essentially identical to 10 CFR Part 19, Part 20 (radiation dose standards, effluent limits, waste manifest rule and certain other parts including waste classification), Part 61 (technical

c. '(. B Response to Questfens s. - definitions and requirements, performance objectives, financial-assurances) and.those required by the Uranium Mill Tailings Radiation ' Control Act, as. implemented by Part 40. In the case of other types of State regulations, such as fees charged, procedural matters, and administrative requirements, although an effort is made to maintain a high degree of uniformity between comparative texts, the States have greater flexibility to adopt regulations more stringent than NRC. . (*). Excerpts taken from Appendix A " Background and Legislative History", Final Task Forct Report on the Agreement States Program, December 1977 NUREG-0388.

) l c h ( E EE D DD E EE ) ) ) S S S S S S S SS K M M M M M M MM E E E E E E E EE LE R R R R R R R RR AW U R 5 5 5 5 5 5 5 15 N2 CN5 5 1 1 1 0 0 0 0 00 IA( ( ( LBU P LAR N E O N I E S S S b M M ) E E S S I T ) R R R I Y R M P M L 3 3 3 0 0 0 O I K 1 C L E E 0 0 0 0 L E N ( ( ) I A S c C N O ( I O D E E ) ) IN TO E B B D D ( ( E E L NI T B ) ) ) ) I ) S S SSE SSE S S S IC EE S S M N MMG MNG M M M TT S LK ) ) E E EEA EEA E E E AE R R R R RRR RRR R R R NO I IR M UE E E 1 P F NW 0 0 5 5 25V 25V 5 5 5 N 5 5 1 1 1 A 1 A E E~ A0 ( ( ( ( ( ( E iL P L TA 5 B C ( A FI T OG R O E SL K TO R II O MD W IA LR EN S S SO M N O Y E E D L R R R K D E R 3 3 3 E E 0 W 1 0 0 0 0 tP0CE ) Y E R ) ) ) ) 6 1 6 6 9 2 P P P P P R F R R R C C C C C I I I I I ) ) ( ( ( ( ( D A ( ( R 7 0 4 6 9 2 5 7 5 8 A 3 5 '5 5 5 6 %79 9 E 9 9 9 9 9 9 Y 1 1 1 1 1 1 1 1 1

\\i! i 4 ...r e TO N TA P D H L TN R U A C O RG N H OR S TO e C r E' AT T-S FA O H D D' GT N N A N IY O TB P H R I T GD C-I A I E I ET N D WJ E ) . O t P A B H I - R R AI T SS C R I I E ST FO EN M M O P E I T IC S O D E T N C F S O ST I L-F I A O L EC T N SE A O R E OF R IN O V DF E T0 S I E P Al R T N O ) Ni U A AH D R L C L GT E J RL H E E L ER M OA T U T I E P t NJ N IR ( C CH I T. P O E N E E NO f0 HL O H SS I T TR S I TA C. ( C S CE R T FI S T UV A C DD E E 1. OG I. A Y T OA W HS O TR R P O E SL 0 A PF R W R L TO B II T C NE O C E P I OY E I F A MD HK N T IA M N I I O TN TS E A O LR H I L I AI I EN T D FR 1 D T SO D C NE O E A O E E EG L F E I D R T f A MA O C D R O LT X A f D E R 0E SO G E R C T N Em E E F P O R9 D N I O7 N R HE uT F9 N T I S Tt E N l EI T t T 1 E R I f O N L O D H i 0 A A TN F N O, C V D R TO S I4 E I E GE N I S T2 R U V D NR EN R D A1 I E LO A O Z0 N Q I I I1 E R A WH AI P E OW VT R N-E D Y L IC M E AC S A LM UA O P GI O A R OE QR R RT D FR EF F E 0/E E X M "O E T Y) EE T I V A L B8 SH N T

D I

C A 1 OT E N T I N U-D M D O; S "4 T C D O tN S E E I I( ET T T S E N I7 D F I T N5 VN A I A F A E I E T M R9 R E S N MD TS S I U1 I K EE CE L A-S t LE ER 5 L8 FP 8 R 2 WCX FE 9 O ,9 E i N BI IE ER 1 F R1 = = N O L E E R ) ) ) ) ) Y A A B C D E A R DP T ( ( ( ( ( llll l'

1 57446 Federal Register / Vol. 47, No. 248 / Monday. D2 camber 27. 1982 / Rules and Regulations NUCLEAR REGULATORY establish performance objectives for the R:ns to be addressed in the Part 61 COMMIS$lON land disposal of waste: technical rulemakmg. These workshops were I requirements for the shmg. design. particularly usefulin formulating our 10 CFR Parts 2,19,20,;t>30,40,51 operanons, and closure activities for a positions on the more judgmental 61,70,73 and 170 near-surface disposal facility: techmcal aspects of the rule and underlymg requirements concermng the waste form assumptions (such as the length of time Licensing Requirmnents for Land that waste generators must meet for the we shoitid assume that acnve l i Disposal of Radioactive Waste land disposal of waste: classification of governmental enntrols could reasonably l Aosacy: Nuclear Regulatory waste: insututional requirements: and be relied on). Commission. administrative and procedural Proposed to CFR Part 61 and A F M M e. requirements for heensmg a disposal conforming amendments were published facdity. Amendments to other parts e.re on July 24.1981 (40 FR 38081). ne aussesAar:The Nuclear Re@latory established to govern tLe cuttficanon onginal comment penod was due to Commission (NRC) is issu'r.g regulations and use of shipping mamfests to track expire October 22.1981. but was l that set out licensmg procedures, waste shipments and clanfy. but not extended to January 14.1982 to comcide performance objectives and technical substanually modify, the requirements with the 90-etay comment period for the requirements for the licensing of of existmg regulations. Provisions for suppornng 1 raft US (NUREG-4782). The facilities for the land disposal of low. consultation and partcapation in license avstlability of the draft US was level radioactive waste. The regt. 'on reviews by State govemments and announced en October 22,1981 (46 FR is necessary to provide comprehen,,e Indian tnbes are also included. Specific 51776). The proposed rule was sent to all national enter'a applicable to the land requirements for licensma factlities fer Commission licensees and copias were disposal of radioactive waste. This the disposal of radioactive wastes other provided to Agreement State officials to action is taken in response to the needs than high level waste by alternatve distnbute to liest licensees, and requests of the public. Congresa. land disposal methods will be proposed Public comments were received on industry, the states, the Commission, m subsequent rulemakings. Disposal of both the rule and draft EIS and may be and other Federal agencies for codified radioacuve wastes by an individual exammed at the Commission's Public regulauons to govern the disposal of licensee will continue to be governed by Document Room (PDR) located at 1717 low-level radioactive waste. 10 CFR Part 20. H Street NW., Washmgton D.C. nafss:10 CFR 20.311 of Part 20

Background

Comments on the rule are avadable at effecuve date is December 27.1983; 10 On October 25.1978. the Commission the PDR Docket No. PR-3 et c4 (48 FR CFR Fart el and all other changes published an Advance Notice of 38081). Comments on the draft EIS are effective January :6.1983. Proposed Rulemaking (43 FR 49811) avadable at the PDR referencmg Docket Anomassas: Documents referred to in regarding the development of specific No. PR-61 (46 FR 51775). this regulation may be eummed at the regulations for the disposal oflow-level A total of 42 persons commented on Commission's Public Document Room, radioactive wastes (11W). The the draft EIS. Rese commenters 1717 H Street NW., Washington. DC. development of these regulations was m represented a variety of interests. Copies of NUREG s may be obtained by response to needs and requests Comments were received from :1 States. wntmg the Supenntendent of expressed by the public, the Congress. 8 industry / utilities. 8 Federal agencies / Documents. U.S. Government Printing industry, the States, the Commission. laboratones. 3 individuals and 2 broker / Office. CIB. SSOS. UCP. Washington, and other Federal agencies for disposal firms. The comments generally DC:0401 or the NRC/GPO Sales codification of regulanons for the raised or echoed the same issues raised Program. U.S. Nuclear Regulatory disposal of LLW The respondents to the concerning the rule except that some Commission. Washington DC 20555. advance nonce strongly supported the questions on the methodologies and Copies of Branch Technical Positions Commission's development of specific presentation of results were raised. A may be obtained from the Low Level cntena and standards for the disposal of detaded analysis of the comments on Waste Licensing Branch. U.S. Nuclear lowaevel waste. The comments received the draft EIS wtll be included as an Regulatory Commission. Washington. by the Commission on the advance appendix to the final EIS (NUREG-0945L DC 0555* nouce were used by the Commission in which is bemg prepared' Pon rumma tMPOnesATION CONTACT: scoping the form and content of the draft O Paul H. Lohaus. Low-Level Waste Environmental Impact Statement (EIS) 61 Licensing Branch. Division of Waste (NUREG-0782) and the regulation. Management. Office of Nuclear Matenal On February 28.1980. the Commission A total of 107 d:fferent persons Safety and Safeguards. U.S. Nuclear also pubbshed a Nouce of Availabdity submitted ccmments on the proposed 10 Regulatory Commission. Washmgton. of a preh= mary draft regulation. dated CFR Part St. The commenters DC 20555, telephone (301)427-450J. Nos ember 5.1979, announcmg represented a vanety a mterests. sUPPt.EssENTaRY IMPOMaaATIOsc avaddbdtry of the draft for public review Comments were recened from: 19 and comment (45 FR 13104). Th2s was industnal groups.17 state groups.15 Introduction done to help ensure wide d>stnbution inividuals.13 uttht:es. 9 federal The NRC is amending its regulations and early pubite review and comment agenc:es or laboratones. 6 universities. 4 to provide specific requirements for on tne development of the rule. Copies medical groups. 4 engmeenng firms, t licensing the land disposal of low level of this draft regulation were distnbuted pubhc mierest groups. 4 professional radioactive wastes contammg source. to all of the States. orgaruzations. 3 broker /d:sposal firms. : special nuclear. or byproduct matenal. Durma tne summer a!.d fall of 1980. The amendments provide licensmg the Commission also sponsored four ' copw. of tru. report m., de ode.ineo 5,.nt en procedures. performance objecuves. and regional worisncps to provide an " wen to u e ommon of Tex.mca. Infor-2 uon and techrucal entena for licensmg facdiaes opport'.n:ty for open cialogue among Dojaej,cj s(, w.. pin for the land disposal of radio 8Cuve represenlat1Ves of the States, pubhC copyma for. :n.t tr.e MC %c Docmem weste. Specifically, the regulanons mterest groups. mdustry, and otners on Room 1727 H streei a.w. 'a..nmaion. a c.

Federal Register / Vol. 4", No. 248 / Monday, D:cemb:r 27. 1982 / Rules and R:gul:tions 57447 . legal groups 2 surety groups. and 5 amended, are not subject to the with clanfication and into t. There ethers. Commenten offered from one to requirements of Part 61, but are were, however severalisnies that were cver 20 comments esch. The topics disposed of according to requirements in more substantive and add.essed by a cddressed a wide range of fasues and all to CFR Part 40. In addition clanfymg large group of commenters. parts of the rula. changes were made to =~ 2 tha:'he Several commenters were concerned The general response was quite requirements of Part 61 do not rpply to that the language in several places f;vorable. Almost half (47) expressed persons who are licensed by an required the applicant to demonstrate in explicit support of the rule or overall Agreement State pursuant to authonty the application eat certam objectives approach. Many of these commenters relinquished to that State by the were met. Their concerns were over expressed some concern about one or a Commission in accordance with Section what would constitute a demonstration, f;w spectfic provisions and most offered 274 of the Atomic Energy Act of1954, as and the impossibility of meeting an suggestions for improvements. Many amended. oblective with complete certainty as cxpressed the view that the rule Some commenter: felt that provisions implied by the language in the rule. The provides a needed and adequate should be made for an individual to Commission agrees with these framework for establishing additional dispose of his or her own waste. Private commenters and changes have been hw-level waste disposal capacity. The waste disposal may be licensed under made in apprepnate places to indicate importance. reasonablenessiand clanty current provisions of 10 CFR Part 20. that what the Commission wants is of the rule were noted. 7.2pport was The Commission feels that these information or analyses that will expressed by almost every sector. provisions are adequate and that no provide reasonable assurance that the Only 15 commenters expressed any change to Part 61 to accommodate objective or requirement wul be met. outnght opposition to the rule or some pnvate disposalis warranted. Other minor changes were made for sigmficant portion of the rule. Mat were At least two State commenters Sed purposes of clanfication. individuals. No state group or current about Agreement State requirements An advisory statement in I 61.13 that disposal site operator expressed being compatible with Part 81.Jhe the ground water pathway was cpposinon. The opposition expressed Commission is preparmg guidance for Benerally the most sigmficant for near cppeared to stem trom objections to States that will consider Secuan 61.2. surface disposal,in terms of releases of nuclear power and ue of radioactive Defirutions: Subpart C. Performance radioactivity. was deleted.This section mitenals, opposition to shallow land Objecuves: Subpart D. Technical requires an analysis of all potential bunal as a disposal method m general Requirements for Land Disposal pathways and two commentators and for TRU wastes in partcular. Facilities: those port.ons of Subpart B objected to smgling out ground we ter. opposition to perceived increase in costs that are necessary to implement the Several e mmenters expressed t3 waste generators. the regulatory provisions of Subparts C and D: Section concern over de lengd of ume eat the burden of the licensmg process. and the 20.311. Transfer for disposal and h,eensing process might take and technical requirements in Subpart D of mamfests; and that portion of Subpart E th2 proposed rule. Several of the requinng closure funding arrangements 8"88'j'df"]3 " {she e 8"I 9 commenters ths' expressed opposition as a matter of compaubdity for the beheve that this is pracucable. offered suggestions for improvmg the Agreement States. Guidance wtB c naidenng the uncertainties in rule. however, identify those aspects where uniformity predictmg the quality of future Most of the remaining commenters in destrable and those aspects where 8 applications. the avadabdity of staff (45) offered constructive comments States would have flexibility in resources at entical umes, and the without takmg a general position on the establishing their own requirements. rule, or offered support with it was suggested that construction of a potential for heanngs.The licensmg reservauons about one or more aspects disposal facility should be permitted to process must be in accordsnce wid de of the rule. bega before a Lcense is issued.The Commission a mission to protect pubhc All concerns expressed by all Cocmdssion believes that to do so health and safety but the Commission correnenters a : discussed in detailin a would have a detnmental effect on the does agree that the beensing process must be carned out m the muumum stiff analysb of comments which is decisionmaking process and 6erefore amount of time consistent with this cvailable in.the PDR. Because the no change is bemg made to this missinn. Some changes in the procedural volume of comments and analysis in provision. ditad occupy severalhundred pages. the In the proposed rule. near surface aspects of the rule are bems mrde with followmg discussion summarues and disposal was defined in i 61.2 a.nd this in mmd (see comments. Subpart F). responds to all comments of major and discussed in i 61.7 as disposalin the The Commission staff is developmg g;nene sigruficance. For example, upper 15-20 meters of the earth's technical positions to assist applicants comments on Part et standard surface. Based on comments received. m prepanng their applications and is provtsions that are common to all the wording could be miemterpreted to developmg perfmnance assessment Commission regulations are not mean that disposal was allowed only capabdities that wd1 enable the staff to dia:ussed in this summary, but are between 15 and 20 meters or that deeper perform timely reviews. covered m the document evedable in the disposal was r nibited.The wordmg Nine commenters addressed tie PDR. was clanfied to "take it consistent with language m i 61.25 that prevents de e wane c an&adon requhna kee b mabg an change b b Summary of Comments for Proposed (Class A and B wastes have no facdity or procedures desenbed in the Part 61 nurumum depth requirement and Class application except as provided for in Subpart A: CeneralProvisions. A C wastes have a 5 meter depth specific license conditions. The vinety of comments were received that requ.rement when relytng on depth commenters felt that this was rziated to the scope of the rule.Two alone.1 Disposal at a depth greater than unnecessanly restncuve, m that 6ere clanfying changes were made to make it 5 meters would also be acceptable. may be aspect? of the facdity or clearer that uranium and thorium Subport Be L; censes. Comments procedures that were desenbed in the tailings as defined in Section 11e(2) of rece:ved on Subpart B covered a wide application but which are not important the Atomic Energy Act of1954. as range of:ssues. Many were Mncerned to public health and safety and the

'57448 Fcd:rd Regist:r / Vol. C. No. M8 / Monday. December #.198 / Rules and Regulations hcensee should be free to change them. to the site owner at the end of the post. that they are unduly stnngent and !~ The Cornmission agrees. smce at was not closure observation penod. They foresee unsupported. With respect to this mtended that all changes be subject to the possibility of more strmgeot comment. EPA. under its ambient Commission review or appreal. only requaements bems imposed et this time, environmental standards settmg those important to pubhc heajth and thereby delaymg the transfer with an authonty assigned by Reorgamzation safety. Secnon 61.25 as changed adverse effect on the abdity of the Plan No. 3 of IRO has the authonty to accordmg!y. heensee to effect procer closure due to prepare a standard that will set hmits Over a dozen commenters raised changes beyond the financial for releases of radioactivity to the objecuans to the requirement that the requirements imtially established. The general environment from disposal hcense be renewed on the usual five-Commission recogmzes this possibihty, facihties. Presently there is no such EPA y ear interval with a concomitant public but it is beyond the Commission's standard. In the absence of such a notice on the opportunity to request a authority to control or regulate the site standard. the Commission exammed a puhhc heanns. The dommant reason for ownct and force the transfer to take range of hmtts ahich bound that these objections is the burden that is place. Any requirements for transfer expected for the EPA standard and perceived if public hearings were held that are outside the public health and selected a proposed performance every five y ears at the time of lice.ae safety considerations presenbed by Part ob!ective trtat estabhshes a release hmit renewal. The Commission beheves that 61 became a matter of contract or for the site boundary. a regulatory a penodic reassessment by the hcensee acreernent be' ween the site owner and action withm the hmits of NRC and de Commissica staff is necessary. tne site operator. With 2e Low Level authonty. In a rulemakmg acuen, the This reass> ssment should factor m the Radioactive Waste Policy Act laymg the Commssion is not solely hmited to past operating expenences of the responsibihty for disposal oflow level existmg standards in Part 20 anti he t disposal facihty, the results of waste on the States. it is obvious that Commissmn does not miend to monitanng data, changmg economic the States wdl play an increasmgly withdraw any portion of the rule that conditions that might affect financial important role. State authorities. who in may be related to the performance assurances. advances in technology. etc. all hichhood wd! be the site owners. objectives. While there are alternatives to license should become acuve participants in the With regard to the specific renewalin order to ensure these disposal actmties from the earhest performance oblecuve for releases to penodic reappraisals. the Commission stages of development through site the environment, the Enytronmtatal has found through its expenence that closure and stabihzauon so that at the Protection Agency commented that the penodic license renewalis the most time of site transfer to them for effeenve method. As for the public mstituuonal control, there are no establishment of an mdmdual exposure notice of the renewal and the notice of unforeseen obstacles to the orderly and limit at the site boundary for releases as opportunity to request a public heanng. timely transfer. Part 61 provides for this proposed in i 61.41 is appropnate. They stated that the range of 1 to :5 mrem /yr the Commission agrees that this 's not participation m the acensing process, necessary and it has been deleted. ano es landlord. there are other avenues analyzed by be Commission was a Deleting this requirement will not have of partwpanon. reasonable range that should encompass an adverse effect on the public's interest Subpan C Pedarmance Objectives. A any standard which EPA might denve and nghts. According to revised i 61.25. dozen commenters addressed the for low level waste disposal facdiues. any changes to the license conditions approach taken m Part 61 to establish Based on the Commission's analysis. from e license renewal process would performance objectives supplemented NRC does not anticipate any need to be subject to notice and opportunity to by some rnimmum techrucal change the techm, ai requirements of Part 61 to meet a futu.. EPA standard. request heanngs 2f the condinocs were requirements. All commenters except in the highest category specified m that three supported the approaca of In their comments. EPA stated their secuon (parag aph 61.059)(11). addressmg disposal from an overall opmson that it was mappropnate to Two commenters satges'ed not systems standpomt.i.e. estabbshmg apply the EPA dnnkmg water etandard sub ectma the hcensee to an opportumry overall performance objectives and as proposed m i 61.41. Accordingly. this i for hearmhs at the tune of site closure. mmimum techmcal requirements and pan of the performance obiective has The Comnussion beheves that this is an leavmg considerable flexibility on how been deleted. However this does not unponant and worthwhile time to an apphcant or licensee would design dimimsh the Commission a concern over provide for pubhc partic:pation. No and operate a site. Of the three who prntectmg sources of dnnkmg water. cnances were made. 6sagreed. one felt that the concern for The Commission will assess the WhUe none of the commenters took puol.c healb and safety is so gnat dat p tennelimpact on dnnkmg water exception with the need for a pened of ine nde shau;d be based on presenptive supphes as pan of its hcensmg mw. post. closure observation and rea.irements. one felt that mere should Reacnon to de proposed performance mamtenance by the itcensee, a number be na tecnnwel requirements m the rule, objective to protect potential did oblect to the open.endedness of de onb perf;rmance obiectives; and the madser*rnt mtruders was mixed There requirements that this penod be for "a tmre int tnat tne nde is restncuve by were some who felt the proposed 500 mm. mum of five years." This provision es:.bia.n.ng bos performance mrem whole body dose to the mtruder has been changed to state that ite ooiectn es an tec.hnical requirements. was too high. some felt dat it was the penod will normally be five years. but On oaance. tne comments were judged rignt value for a standard. and others tnat shorter or longer penods may be to be suppertae cf the nax of objecuves felt that h:gher values were m order. approved by the Commissicn in and requiremen:s and no chartges have Those that felt that the standard should connection wi& the approval of the site been made tn this regard. be h:ghe suggested values of 5 rem or closure plan for a specdic site. One cctmenter ch'allenged be 25 rem (de Department of Energyl to Semral com r. enters. mcludmg Chem-performance co:ecuves n Part 61 as correspond to hmits for occupanonal Noc! ear Sy stems. Inc.. and U.S. Ecology. be.n; prema.re m a vance of reiesant exposure or one. time exposures to the operators of the eustmg disposal EPA s:.nza: s and beyond tne agency s workers from potent:al acc: dents A facdities. were concerned aoout amonS 'o me estent that they are not number of corr.menters. :n their possible deia> s m transter of de ;1 cense a6re m e w d.ec.n :0 CFR Part ;0 and comments about considenng We

l L 4 . Federal Resister / Vd. 47. Nr. 48 / M nday. Decemb2 27.1982 / Rules and R:guhtiins 57449 probability that intrusion will occur. states that operations at the land are valid. Further natural processes e,.o j ccacern about weighting too disposal facility must be conducted in affecting the disposal site should be heavily the protection against ' complianr.e with the standards for occumns at a consistent and definable inadvertent intrusion in determining radiation protection set out in part 20. rate such that the modeling of the site disposal requirements for wasta. Based Part 20 contama standards for will represent botigresent and on these commenta, the Commission concentrations of radioisotopes in air anticipatable site conditions after believes that the pnmary concern of and water released from a licensed closure. FinaUy sit: charactenstics must those who feel that the intruder facility. Section 61.41 sets forth limits on be such that a reasonable number of protection objective is too restrictive is concentrations of radioisotopes released monitoring pomts can adequately the effect that this has on the from a land disposal facility which are desenbe the extent to which concentrations cf certain nuclides that lower than those in Part 20. It is the radionuclides have migrated from the crv acceptable for disposalin a near Commission's intent that the provisions waste disposal units. In addition, the surfacs facility and the need to meet of Part 20 will apply to all aspects of Commission's staff is developing an in-cdditional requirements such as stability radiation protection during operation house modeling capability and will for some wastes. With thre in mind. and except for releases of radioactivity from share that capabihty through pre-in response to other comments the the site which will be governed by the qualification of prospective computer Commission has reevaluated the more stnngent requirements of I e1.41. codes. The Commission believes that a calculations that ertablish the waste The rule has been modified to clanfy concise statement in the rule along w:th classification concentration limits to this point-guidance on these subjects provided by climir' ate unnecessarily conservative Commenters pointed out a need to be technical position papers and assumptions with the result that the clearer in the rule on how the pnnciple Regulatory Guides is appropriate. analysis is more realistic and the limits of maintaining radiation exposures to a Several aspects related to ground for several important isotopes have been level that is as low as reasonably water were addressed in the comments. raised. With this action, the Commission achievable (ALARA) will be handled. Three commenters (Ontario Hydro, the believes that most of the concems of The Commission intends that the Department of Intenor. and the those who encouraged higher exposure ALARA pnnciple apply to the Dep.rtment of Energy) endorsed the limits or less emphasis on protection of performance objectives for long. term provision in i 61.50(a)(7) that permits intruders will have been met, environmental release and protection of disposal below the water table where With respect to those who suggested individuals during site operations. It diffusion dominated the ground water that lower limits would be appropriate. cannot apply to the mtruder flow system. there were no compelling arguments or performance objective, since Part et sets The Department of Intenor technical demonstrations presented that out the requirements for protection and r.ewmmended usmg the term. persuaded the Comxrission to lower the intrusion which is beyond the disposal . molecular diffusion" and both they and dose limit for intruders. facility l'censee's control. Appropriate OnMo Hydro suggested spemfym' g a The EPA recommended that the 500 changes have been made in il e1.41 and mrem dose limit be deleted from the 81.43 to reflect the ALARA pnnciple. P pnate. performance objective, since the Subport D f af.50. DisposalSite I{b"". 'g'co' n' e s g heensee would not be able to monitor or Swtobility for Neor-Surface Disposal. disagreed with th:s provision and demostrate compliance with a specific Approximately two dozen commenters recommended total containment or dose limit that applies to an event that offered comments on vanous aspects of some mmimum depth to the water table. might occur hn adreds of years from I 61.50 addressing disposal site The Comm'asion envisions a site that now. They did recommend use of the 500 suitability requirements. These would satisfy the except'on in section mrem whole body dose limit coupled comments address eight subject areas 61.50(s)(7) as one with an inactive flow with ALARA as the basis for which are discussed below. determinmg the concentration limits in Eight comments were received on the system so that the water which would contact the wastes would move on the Table 1 of Part 61.The 500 mrem dose requirement that the disposal site shall order of less than one foot per year. limit has been deleted from the be capable of being charactenzed, Civen the low bydraulic conductivity performance objective but retained as modeled, analyzed. and monitored. The and effective porosity of the sods, very the basis of the waste classification comments were directed to th. Little water would actually contact the limits. perceived vagueness of the requirement. waste or flow from the disposal units. Comments were offered that more i.e., what does it mean to be capable of The travel time wdl result m sufficient cmphasis should be placed on bems charactenzed, modeled, analyzed. reduction of concentration of the small requirements. such as the use of durable and morutored? Some commenters monuments to warn potential intruders, offered suggested rewording or amounts released and fine-gramed soils This concept is incorporated in the examples. The Commission han issued a will typically provide sigmficant attenuation for most ractionuclides. No regulation. otaff techmcal position (NUREG-0902) Acts of terrorism and sabotage were that provides interpretation and change bas been made to this provision identified as possible intrusion problems explanat2cn of the meaning and intent of of the nde. and suggestions were made for this requirement. In the technical Several commenters suggested protect 23 against such acts. The position. it is explamed iat the site requirements on retardation properties Commission does not leet that the charactensucs must be such that hmited for sods, both impervious and porous, likehhood of such events cr the site charactenzaton can adequately One suggested a leachate collecton and magnitude of the effects of such acts are define the site charactensucs spatially treat =ent system for the impervious sufficient to warrant requirements in across the inposal site and that site sods. The Co=cussion does not co:. sider I it appro nate to set fonh specific values { this regard. charactenscca should vary with a r EPA asked for a clanfication of the sufficenth narrow range so that the for charactenst2cs which promote intent of the performance objective m input to modehng :s representative of attenuation of radionuchdes. Whereas i 61.43 as it pedams to effluents from the hyciroteoionic uruts and the attenuation is advantageous for some the site.This performance objectve assumpuons undertymg the modehng radionuchdes, others such as H-3. C-t4. l

1 l 4 57458 Federal Register / Vol. 47. No.148 / Monday. December 27, 1982 / Rules and R gulations and M29 may not be significantly provide protection against the effects of evaluation of site performance in areas attenusted. The Commission believes flooding.The Commission considers 300 of known tectonic hazartis. that rehance should be placed on siting or 500 year floodplains to be Several persona commented on the requirements which wCl keep water unnecessanly restnetive: and questions reliability of long tonn projections of away from westes, result in low whether an adequate data base or population growth. The Comnussion volumes of contaminated water being standard methods of determining such recogmzes such projections have a released. and provide a long travel time floodplams exist. degree of uncertainty Part of the staff ~ for decey.The Commission takes The question on engineering review of any projection focuses on this exception to any design which relies on modifications will be addressed more uncertainty and how it has been a leachate collection and treatm,ent fully in staff technical positions related handled by the apphcant. Previous system to reduce migration. Suen a to site suitability, selection and expenence with commercial low level design is expected to result in a charactenzation and to site design and disposal sites illustrate that suitable quirement for continued active site operations. Engmeenng features may be sites can reasonably be found in arwas iamtenance. therefore violatmg the used to improve site drainage and of low population density and minimal performance objective in i 6144. protect egamst flooding dunng population growth potential. Several comments recommended that operations. Two commenters suggested a siting the natural resources considered under With respect to the vagueness. or non-requirement based on accessibility to i 61.50(a)(4l specifically include ground presenptive. nature of the requirements. ma}or transportation routes. This issue water and aquifers underlymg the site the Commission considers the siting becomes a consideration in site and that the resources of sigmficance requirements ar. site screenmg tools selection and the evaluation of were nt.. Limited to " economic" which will be met in most cases and alternatives required under NT.PA and is sigmficance. Another suggested that the which. if not met fully would require a not necessary in the rule. resources be known resources so that site-specific evaluation to determine Individual comments were received the applicant would not have to engage whether an exemption is warranted. The suggestmg sitmg requirements related to in an extenuive exploration program to Commission finds this preferab!e to mechanical and physical properties of assure that there were no significant treatmg more presenptive siting soils to make thtm suitable for natural resources. The Commission requirements as exclusionary. compaction and supportmg construction considers ground water and aquifers to Minor changes of a clanfying nature equipment, and requirements to avoid be natural resources in the context of have been made to the requirements areas of high natural radioactivity, this requirement. The Commission als related to floodmg. Chunges to the rule were not deemed agrees that it should not be necessary t Several com= enters suggested that necessary. The mechanical and physical conduct extensive exploration studies t radicartve waste disposal facihties charactensucs of soils are factors to be prove that no resoumes exist. Several could be colocated with hazardous addressed in the site design and changes have been made in the secuons waste disposal facihties.The operations m order to meet stabilization relaung to grc.md water to reflect these Commassion does not object to this as requirements and objectives. With i ng as the facities are separa ed from respect to areas of high natural Commenters raised four questions on one another and the wastes are riot radioactivity, taese areas would be the sating requirements related to cornmmgled. The provisions of i 6L50 excluded if they could be shown to surface water dramage.These can be sum-ized as (1) definition of certam pertauung to nearby facilites not violate the abihty to carry out a terms such as upstream drainage areas. adversely impactng the abity of the monitormg program. Otherwise, the coastal high-hazard area and wetland; site to mut the performance objecuves Commission sees no valid reason for (2) the adequacy of the exclusion of or sigruficantly maskmg the excludmg these areas. waste disposcl based on the 100-year environmental monitormg program Several commenters raaed the would have to be met. general quesnon of the length of tme the floodplatru (3) whether engineermg Several commenters raised the vanous sitmg or desian requirements drainage modifications can be made in order to meet the requirements: and (4) question of relevance of setsmic or have to be satisfied. Others requested voicaruc hazards to low level waste that the design basis natural events or the vagueness of some terms. With respect to the terms " coastal disposal. given the orders of magnitude phenomena be idenufied and that the high. hazard area" and " wetland." these difference between the time frames for length of time for consideration are defined in Execuuve Order 11988 (s2 those geologic phenomena and the associated with these be stated. FR 26951. May 25.1977). Floodp/cin hazard of the low level wastes. Concern The sitmg. cesign. and waste for:n Management Cuidelines which is noted was also expressed tnat certam arear. requirements relate to both stability of in the rule.The term " upstream dramage such as Cahfornia. would have all the disposal site and control of reieases area" can be defmed iri conventional potential sites eummated by the withm acceptable hmits. Reliance must hydrologic terms as all the land surface requaement to avoid seismic areas. be placed for a longer ume on me site which drams. either by channel flow or The requirement. as wntten. provides smce the waste form and design sheetwash. across the disposal facility. the Comnussion a meenamsm for site features will decresse m effecuveness The 100-year floodplam is that land specific evaluation of such factors as over time Therefore each of the sitmg which would be inundated by a flood recur ence mterrals. probabihnes. requirements snould be considered havmg a 1 m 100 chance of occurnng in liquefaction potental. and Fround apphcable over the mdefintte future and any particular year. The Commission accelerations to compare agamst a lone. should be evalacted for at least a 500-feels the maior hazard due to flooding is term 1500.yeari radtalogical hazard and year ume frame. A 5009 ear time frame associated with the pened of site tr e disposal requirements of Part 61. for des:En basis natura1 events or operations when disposal units are This mamum tecnnical requirement phenomena should also be appt:ed. open. Because of other provisions of the wou.c not armtrank enminate potential Senart D ! 67.U. DisocsaiSire rule, the disposal umts wdl be open a sees so mucn as e wou.d provice a site Desita *or Lcec Disposa! Five comparatively short time. Once closed. screme w w-en wdl te met m most commenters et iected to the tne cosers and site dramage system will cam ec c. m'e a 'a.crouan acsomeness of ne requirements m

- Federal Register' / Vd. 47. No. 248 / Mond2y, Dec:mba 27, 1982 / Rults and Regulations 57451 181.31 relative to ptweenting infiltration inidanufying the need to clanfy the requirement that was proposed in and elinunating the contact of water term "intersenon." the commenters paragraph (4) of i 61.52(a) was intended with waste. Comments were a{al noted that it was vague and to assure that the placement of packages so expressed requesting unenforceable. could include migration. into a disposal umt did not destroy the consideration be given to progressive and could be physical or chemical integnty of the package in order to slope design for burial and concern was interaction. minimize the possibility of releases of - expressed that the rule does not provide The intent of the rule is to protect contaminanon. and also to mirumaze the specific guidance for ensmeered Cass B and C wastes. Case A wastes void spaces between packages so that features. Commenters also expressed could interact with other wastes directly this would not be a contnbutor to site concern that site areas used for disposal thmugh the release of absorbed liquids. Instability. It has been a common i of Cass A waste wdisequire more solvents, or other mobile components practice at waste disposal facdites to J maintenance. that might be present in Cass A waste. dump some wastes over the edge of a De requirements referred to are ladirect interaction could result from disposal trench with the packages l expressed as design objectives. Given degradation of Cass A waste and its falling and tumbling to the trench -) that these are design objectives, the lack of stability. Consolidation of Cass bottom where they ended up a random actual achievement will be to mmimb. A wastes would provide a less stable arrangement. This pracuce jeopardizes rather than absolutely prevent ce suppon which could contnbute to failure package intet;nty and does not perm 2t climinate. no achievement level should of the disposal unit cover leading to access to voids between packages so be as near the design objectives as is increased precipitation infiltracon and that they could be backfilled. The practicable.no wording of these surface water intrusion. The degree to assumption by the commenters that paragraphs has been changed to reflect which these interactions could occur orderly emplacement necessitates i this. With respect to progressive slope depends to a large extent on site specific increased handling by site operators design for bunal. the segulation does not characteristics and the Commission with resultant higher radiation spectfy the type of disposal unit.no does not believe that it is appropriate to. exposures is not necessanly the case. site designer thuld give particular set a presenptive requirement in this I.ifting and stacking devices are ettention to the design of that portion of area in the rule. TSe wording of this currently in use for low level waste the facility used for the disposal of Cass requirement has een changed to define disposal that permit remote lifting and A wastes so that the inherently unstable the purpose for the segreganon and emplacement in the disposal trench Cass A wastes will not interfere with mmimization of interaccon between the without increased occupational the long-term stability of the site. segregated wastes.The rule also penmts exposure. The resulting emplacement Four commenters recommended that Class A waste that meets the stability meets the intent of protection of warmag signs or permanent requirements to be placed with Casa B packagmg integnty and access to void identification monuments be employed and C wastes. spaces. Since the term " orderly" was as a detenant to inadvertent intrusion. The State of Washington regu!stes the subject to misinterpretation. the oeveralsugeested a design lifetime of disposal site located in an arid region requirement has been rewntten to ears for such markers. near Richland. Was.hington. The State 500 fthough there are few " signs"in the ,[th',,"" h, 'n' fy th" d P A noted that without the likelihood of ,, g p traditional sense that have design lives ground water or surface water being ddre d th approaching 500 years, the Commission factors at and sites. segregation of Class re uire t for ma utai g a buffer would consider such things as granite A wastes seems to be unnecessary. zone of at geast 100 feet. gne monuments near the survey marker ney also noted that commingling Class control points as an appropriate adjunct A and B wastes would dilute the Cass B c mments generally supperted the to the physicalintruder bamers wastes and have potental benefit. concept and purposes of a buffer zone. employed in the disposal of the waste. A ne State's observations may have but questioned whether the specified too change to the rule has been made to merit for arid sites but are difficult to feet was sufficient.The Department of requtre such monuments at the time the adopt in a rule that must address sites jb"88'[ Ilcense is terminated. located in all parts of the country. The r o include some distance below the SubpartDe f 32.M. LandDisposal Commission anticipated the need to Ercility Opemtion andDisposa/ Site consider altemauve disposal disposal site. Closure. There were severalissues requirements and included i 61.54. In response to these comments. the related to facility operation and site "Altemative requirements for design Cpmcussion has restated the closure identified by about thirty and operatons" to provide for requirement m ter=s of the objective to c:mmenters. A half domen commentero consideration cf such altematives. carry out snomtonng activities and take raised questions with respect to the A number of commenters noted that rmtzgative measures if needed, and has requirement that Class A waste be factors other than waste form play a made the buffer zone three d:mensional. segregatec3 from other classes of waste. role m assunng the stability of the site. Several persons commented on the Questions also addressed the need for in the area of site operat2cns. these need to conduct ancilary activites at segregation dunng transportation. the factors are identfied as the way m the disposal facility such as storage. mearung and intent of the term which waste is emplaced and the filling waste trest =ent. truck termmals. etc. " Interaction." and the need for of voids in between waste packages Concem was expressed over the segregation in arid sites. after emplacement. Several pomted out language m i 61.51(a)[7) that would The intent of the rule is not to prohibit the stability problems (slumpmg. etc.) seem to preclude such scuvines. Others waste from more than one class from that could sull be assoctated with felt that provisions should be made m bemg shipped on the same transport disposal umts contaming the segregated Part et for the desenpuon and hcensma vthicle. Consistent with appropna te and unstable Cass A waste. A number of such acuvities. transportation regulations, the of commenters obiected to the The provision of I 81.51 that caused Commission has no objection to requirement that wastes must be the concern was that the disposal site commmgling different classes of waste emplaced m an orderly manner because shall be used exclusively for the in transport. of perceived mcreased exposures. The disposal of rac2oacuve wastes. The

$7452 Federal Register / Vol. 47. No. 248 / Monday. December 27. 1982 / Rules and Regulations (

• • intent of this provision was to prevent of site specific data may not provide the requirements to make them more the disposal of wastes such as toxic or range of fluctuations m data expected understandable. as well as a number of hazardous chemicals which do not over a longer penod. the site specific miscellaneous comments.

contain radioactive material at the data can be augmented by With respect to those comments dat facility. It was not intended. as could recormaissance level data or regional the numbers used to define waste easily be inferred from the way the data that can be correlated with the site-classification were not adequately requirement was worded. that disposal specific data.These activities should be explained or supported m Part 61. it is the only activity that could take place. started early enough in the site should be noted that most such Corrective word changes have been development process that they do not comments were submitted before the made to clanfy this. The purpose of Part interfere with a tunely submittal of an supporting Draft EnvironmentalImpact 61 is to specify the regulatory application. Additional data may be Statement (DEIS) for part 61 became requirements for the disposal of obtamed as the licensmg process generally available. Since a radioactive waste. Existing contmues which can be used to update considerable part of the DEIS is devoted requirements in Parts 30. 40. 70, et al., the application. to the denvation of the waste would govern the licensmg of other It was noted that the environmental classification numbers the Commission ectivities involving licensed radioactive monitonng requirements are not does not feel that the basis needs to be matenals, such as waste treatment or detailed or specific and at least one repeated in detail in the rule. The storage. commenter suggested that highly Commission is prepanng an analysis of Several comments questioned the detailed presenptive requirements be the comments received on the DEIS and meaning of the term "a few percent set forth. Because of the wide vanety of these comments will be factored mto the ebove background" as applied to the site. specific conditions, and a desire to final EIS to make the basis for waste requirement that hmits radiatior. levels avoid overly presenptive requirements classification values more at the surface of the disposal umt cover. in Part tn. the Commission does not feel understandable. Other commenters on Some suggested values from as low as 1 that tis suggestion is practicable. A the numerical values suggested the use percent of background to as high as 1 Branch Techmcal Postuors on of values reported in an earlier NRC mrem / hour (about 5.000 percent of Momtonng is bemg prepared and wdl contractor document. NUREC/CR-1005. background). One commenter suggested provide additional guidance. The present waste classification scheme that the radiation limit should not be it was pomted out that one important proposed in Part 61 drew on this and confined to gamma radiation, but should purpose of a momtonng system is t other earlier work; however, the earlier be expressed as a dose rate to m, clude provide e,arly warmng of migration of approaches to waste classification cid other types of radiation. radionucedes from the disposal site not cons. der the effects of stability or The rules m Part :0 contain provisions before ti ey leave the site boundary. The f for premissible levels of radiation m Commission agrees and has made a T ble Proposed values for several unrestncted areas in i 20.105.The clanfymg change to that effect. radionuclides that were the same value Commission considers these to be The Department of Intenor appropnate for application at the time recommended that " geochemistry" be regardless of the class of waste.This has lead to some confusion and that the disposal facdity license is added to the site charactenstics to be transferred to the site owner for the studied. This has been done. misunderstanding. In the disposal of penod ofinstitutional control. Although SubparrDef 61.55. Waste wastes, precautions are taken to provide access to the site wdl be controlled to Classification. Over half of the protectwn agamst intrusion for the first prevent inadvertent intrusion and the commenters on Part 61 offered several hundred years. These site could be viewed as a restncted comments on one aspect or another of precautions include matitutional area. the Commission believes it is not the waste classification provisions. controls, waste form requirements, and intruder barners. There are certam proper to consider those who do have Nearly 20 differem issues were access, such as caretakers and site identified and addressed in the staff's radionuclides common to waste that are j mamtenance personnel. as radiauon detaded analysis of comments. In of such a long half. life that they will be workers who could receive much higher general. there was tupport for the present several hundred years from now occupational exposures. Therefore, concept ofidentifying wastes that were m essentially the same concentration as 5 61.52(a)[6) has been changed to reflect generally acceptable for near surface when they were ongmally &sposed. the Part :0 unrestncted limits. disposal and further dividing this Therefore. the rule h.mts the imual A number of other individual general category into more specific concentrations of these radionuchdes to comments and suggestions were classes. Most of the comments were values that wdl be acceptable after considered and were addressed in the related to understandmg how these several hundred years when the detaded analysis of com nents.Some categones were estabhshed and be mtrusion protecuon measures are not clanfymg changes were made to the rule basis for sem; support for further cont. cered to be effective. as a result. identifymg a class of waste dat mid Over one fourth of all commenters Subpart D: f 61.53. Environment / not be of any regulatory concern endorsed $e concept ci settmg leseis Monitonng. Only nine commente - because of its icw radioacuvity, i.e.. a for wastes below wnich bere is no addressed the provisions for "de mammis" level; what should the regulatory concem, the so-called "de i environmental monitonng. One upper hmits be particularly for certam mmimis ' level. Some of We commenters commenter observed that analyses of radioisotopes such as the transurame supportma the de mmimis concept made release pathways should be conducted elements: what prcnsions wdl be made direct reference to the Commission s so that they m'ay be validated by data for disposal of waste that exceed the position that exemptmg parucular waste acquired from subsequent monitonng. a limits for near surface isposal: and streams from comphance wi6 tne part pomt with which the Commission how does a waste generator show 61 regulations was preferable to sett:na agrees. Two comments addressed the comphance with the waste classification genenc levels for all isotcpes. Se$eral

12. month preoperational momtonng requiremems here were a large disagreed with ils position, althc'ugn at requirement: one thought it too long. the number of comments requestma least one of these commenters remarmed other too short. Whde a one-year penod clanfication anc restructunng of the that as there is not yet a consensus on a

1 Fedrl Register / Vol. 47. No. 248 I Monday. Dectmber 27,1982 / Rules and Rssrulations 57453 generic de mmimis level, any level

• A desenption of the waste The commenters that supported the 10 chosen would be premature. A number generated, includmg chenucal nCi/gm limit or did not want it raised of other commenters suggested that a de charactenstics:

cenerally made statements of mmtmis class:ficanon be (dded to the

• The radionuclides content of the elidorsement for the value because of

) Part 81 regulations. perhaps as an waste. including pnncipal es wellas pnor use or because of the view that additional column in Table 1. trace contammants: wastes exceeding this limit sliould not Several commenters suggested that

• A desenption of the potential be buned at commercial low-level waste NRC permit case-by case review of change in the radionuclides content as a disposal sites. Concern in this regard requests for spric:fic application of the funcuan of process vanations:

was also expressed over the provision in de mmimis cor. cept dunng the penod

• A desenption of the process control i 61.58 that the Commission could. on a cnteria are bems developed. Others and quality control programs by which case.by-case basis. grant exemptions to euggested specific values for specific the licensee would ensure compliance.

the waste classification requirement, waste streams or radioisotopes. Waste streams common to a number thereby permitting disposal of lugher The fundamental concern of oflicensees and in which the cc.ncentrations of transurame practically all commenters was not as radionuclides content is well known and radionuclides. muc.h whether a genene or a case-by. relatively nonvanent are generally In response to these comments. the case approach be taken. but rather that preferred. Individuallicensees may also Commission has reevaluated the action to develop de mimmis standard continue to request amendments for analyses for disposal of waste should be taken as soon as possible, alternauve disposal methods for the contammg transurame nuc' ides, in an The Commission agrees with the licensee's own waste pursuant to attempt to temper unnecessan:y importance of setting, imely standards i 20.302, conservative assumptions, such as not for disposal of certav wastes by less Of all the values proposed in Table 1. considermg the dilution by other wastes restncuve means.The Commission se hauts for contamination by alpha that decay to essentially inert levels agrees with the commenters that ecutting transuranic elements received with time. so that more realistic establishment of s'ach de mimmis levels me m at attention and comments.There estimates of consequences will result. would reduce costs of disposal for many were a number of issues raised related As a result, disposal truts for Class C. t the allowable cocnntration. rangmg waste have been raised to 100 nC1/gm licensees and would aho conserve space in disposal facilities which are from its validity to the impacts of for long lived alpha emittmg transuranic otherwise designed for wastes havmg meeting the limit. By far the most nuclides. For Class A wastes, the limit much higher acuvities. The Commission comments were related to the magnitude reciams at to nC1/gm. The details and also believes that establishment of de of the linut. Of the 23 commenters on the results of these analyses are presented muumis levels is important in enhancmg transuranic issue. four thought the to in the Final Environmental Statement nC1/gm limit should be retamed or supportmg Part St. overall stability of a disposal facdity, lowered, while the remainmg 19 Several commenters wanted to know and therefore in reducing potential long-suggested that the limit be raised. These what to do with waste contamms 8tp,' '[" who suggested that the limit be raised Radium-:28. a radioisotope which is not ts, i e de minimis levels would reduce the volume of Class presented a number of supporting currently listed. It appears that there are A waste. This would also tend to reduce arguments. Many,if not most. of the two types of radium wastes to be commenters suggested that the linut consideredi(1) small concentrated ground water migration impacts, smce subsidence and water infiltration would could be safely raised to 100 nCi/gm. sources of radium such as radiat2on One argument given is the advantage of sources or lummescent dials, and (2) be reduced enforceabdity of the higher limit. With waster which contain small amounts of Regarding the issue of setting de current mee surement techniques it is radium incidental to other mmamis levels on a genene or on a case-argued that it is very difficult if not radioisotopes. such as radium contained by-case basis, the Commission stdl impossible to certify that waste contams in wastee from uraruum separation believes that the current policy of less than 10 nCi/gm. but much less processes. The former is not subject to exammmg waste streams on a case-by-difficult to cerufy that it is less than 100 regulanon by the Commission. smce case basis wdl result in the quickest and nCi/gm. Others pomted out that a 100 radium is a naturally.occurrmg isotope ~ best results. It is recogmzed that setting nCi/gm limit would encourage volume and :s not included in the provisions of genenc linuts may be a destrable goal. reduction through incmeration and other the Atorruc Energy Act of 1954, as and the Comnussion Plans to work this means while conversely, the 10 nCi/gm amended.The Env'tronmental P otection goal over the next few years. limit would discourage volume Agency has a program for collection of Meanwhile. the Commission believes reduction. contrary to the Commission's radium sources. This program may be that the process of exammmg a few policy on volume reducten. The phased out m the next few years. Such specific waste streams wdl facditate the commenters cited a number of reports. sources are expected to be transferred development of genenc requirements cocuments. and ongoing scrivaties as to the Department of Energy for storage and is accelerstmg its efforts on settmg providmg justification for their and disposal. As for radmm mcidentai standards for disposal of wastes by less contentions. mcludmg a proposed to other types of waste. the Commissicn i restncuve means. In this regard, the revision to the Department of Enerry has made provisions for disposal of I Commission staff is wdling to accept Manual Chapter 0511. Some commenters small quantices of uratuum tailmgs a 4 pentions for rulemaking from licensees, felt that the Commisston's calculations Class A weste. For purposes of th2 j licensee orgamzauons, or others for were excessively conservative. The provision a small quantity is 6 tined as 1 declanng certam waste streams to be of most common comment m this resard 10.000 k.tlegrams contamms not more no regulatory concern. Such petitions was that the analysis did not consider than 5 milhcunes of radam-228. This l should provide at least the followmg dilution by other wastes. and :f that concentrauon is typical of uraruum mill informauoni dilution were consicered. the allowable tailmgs (0.5 nanocunes per gramt The

• A desenption of the process by concentrated could be mcreased by an quanuty of radium.226 is that contamed l

which the waste is generatedi order of =agnitu::e or more. m 150 pounds of natural uranium at i ) l l l l l l

57454 Feder:1 Registir / Vol. 47. No. 248 / Monday. December 27.19U / Rules and Regulations equilibnum with its daughter products. establishing different limits for every and enforcement to ensure comphance 10 CFR Part 40 permits any person to disposal site. with the Part 61 requirements citmg possess and use under generad bcense The Commission expects licensees to past history of waste shippers not 150 pounds of source material per year. carry out indmdual programs to assure complymg with the present DOT and Permittmg the disposal of such a proper classificauen of waste. However. NRC shippmg requirements. quantity in a near future disposal the Commission does not feel that The Commission has recostuted the ~ facility is judged to be acceptable. For detailed measurements routmely made importance of increasmg mspecnon and larger amounts, specific approval would on all waste packages are necessary or enforcement activities m the processmg'.' destrable.The Commission staff is packagmg. and transportation of weste be required. Several commenters expressed developmg guidance to licensees on a A number of programs have been concem with a footnote in Table 1 and number of alternative methods by which iratiated to improve compitance. At the i 61.55(d) which indicate that greater compliance can be shown. At present. present ume euorcement comes largely concentrations than Class C limits may the Commission staff has idenafied four on the basis of provisions in the existmg be determmed to be acceptable for near-basic programs which may be used regulations (e g.10 CFR Parts 30,40. and surface disposal under certain ettner mdividually or m combinauon by 701 that no licensee may transfer conditions. Commenters were either hcensees. They are: matenals licensed matenal to another person opposed to permittmg any higher accountabihty: classificauon by source: un'ess that person is properly licensed concentrations or asked for clanfication gross radioactivity measurements: and to receive it. Requirements on waste of what the requirements would be for direct measurement of individual form. concentrations. etc. are a part of radionuclides meludmg scaling some the dispesal site licensee's license. The higher concentrations. radionuclides based upon measurement Commission believes that issuing The Commission established the Class of others. These methods are discussed regulations to which all waste C limits using the performance objectives as enteria to ensure safe m the Branch Techrucal Posinon on generators and disposal site operators disposal of waste considering the degree Waste Classification bemg prepared. would be subject will give the of protection provided by " normal" Several commenters also raised the Commission a stronger basis for near surface disposal.To ensure that the issue of averaging concentrations to inspection and enforcement. Adopticn perfo mance objectives are met, comply with the concentrat2on limits. of uniform requirements by Agreement disposal of higher concentrauons of One espressed concern about the States will greatly bolster the isotopes than those listed in Table i potential for concentrated or " hot spots" effectiveness of a national system of would have to be by disposal of transurante nuclides permitted under inspection and enforcement. technologies having greater confinement the proposed provision to allow There were several commenters who capacity or protection than " normal" concentrations to be averaged over the argued that the waste classification near surface disposal. Suen improved volume of the package. Smce the trace scheme tends to discourage volume disposal technologies could, depending transuraruc nuclides in most shipments reduction. smce this mcreases on the parucular radioisotopes involve will be homogeneously distnbuted and concentrations of radioisotopes and may better waste fonns or packagmg. or mcidental to the total acuvity, averagmg result in a change tn classification, or at disposal by methods havmg additional over tt:e packages is physically the extreme, make the waste barners agamst intrusion (e.g., bunal at representauve of the malenty of wastes. unacceptable for near-surface disposal. depths greater than 5 meters). The Reprocessmg or other future changes in As long as the resulting concentrations Commission believes that some waste streams which might change the of radioisotopes are within the limits set flexibility should be permitted, provided transuraruc character of the waste can by Part 81, the Commission does not feel the performance objectives are met. and be addressed m subsequent rule that waste classificauon necessanly discourages volume reduction. While a therefore will ev21uate exceptions on a cnanees. Other comtnenters were case by case basis. In the meanttme. the concerned about potential ground water higher classification of waste nught Commission is beginning studies to restncted mventory linuts on result in more sinngent requirements on estabhsh cntena for the disposal of racianuchdes which are present in waste form and disposal methods, tnere are economic consiceranons that need wastes that are not normally suited for wastes m very low concentranons. near-surface disposal.These would be Assay of mdividual packages for these to be considered by the waste generator the subject of future rulemakmg. nuchdes is difficult as iscussed m the The cost of processmg. shippmg. and Over one dozen commenters, nearly prececmg paragraph. Averagmg the disposal of a small volume of higher all of which were nuclear unhties or concen rauon of ra6cnuclides such as classification waste needs to be industry groups. expressed concern with Tc-99 or 1-129 over the waste shipment compared with the transportation and how one determmes compliance with cr control on a total site mvemory basis disposal of a larger volume of a lower was usested to trunimize conservative c!assificauon waste. There is no reason the waste classification requirements. to beheve that the balance will always Most were concerned that the net-reponeg Such over-reportmg cou.o eeaust sue mventory h=its and be agamst solume reducuan. For wastes regulations would require them to . cad to meffic2ent use of be site.The with concentrations that would place rouunely measure for every isotope m Table I withm each package of waste. Comm.ssion agrees. This issue will also them not generally acceptable for near-Many examples were given of the be a.fdressed m ne Branch Techn: cal surface disposalif they were volume Posman on Waste C!assificaton which reduced. the provisions for specific difficulty that this would present. citmg w.i! ce avadab!e m early 1983. The Commission approval of tne disposal of heterogeneous waste mixtures, difficult to measure radioisotopes. mcreased r men rat;on aseragma language m the such wastes provides a potential costs, radiation exposures to personnel. ..ea: n.e w as enanaed to ;;rovice alternatn e for licensees considenng ace.:.ani. Ceubuny for tne specific volume reducuan. i etc. A number of suggestions were offered related to means of classifymg n.m : ems aescioped a te Branch several commenters were concemed l the waste by its source. measurmg key Te. n.co. Pusmon. witn matenais which may be present m isotopes to mfer quantities of more in. -.cea :ssue. a few :ornmenters lowdevel radioacuve waste which may difficult to-measure isotopes. and re rn..: -n.ne cifficwty cf inspection be chemically toxic or hazardous Some

Federal Register / %.! 9. No. 248 / Monday. D:cembIr U.1982 / Rules and R:gulations 57455 suggested that the Commission's waste potential intruder, operational safety, burden. inspectien of waste generators classification systec incorporate a and long-term site stability. In addition for compliance with waste classification " total hazard" approach tiut would to concentration limits, the Commission is more the responsibility of the consider both the radiological and desires the ability to limit maximum site Commission or the Agreement State chemical hazard of wastes. At least one inventories for some isotopes that are of regulating the generator. Existing comment did ot favor the total hazard concern from a ground water point of reguleory responsibilities include approach be..use of the very complex view. !sotopes which are both mobile inspecuan of the packagmg and classification system that the and long-lived are iodine-129. shipment of radioactive waste.ne i commenter perceived would result. technenum-99, and carbon-14. Tritium is incremental burden of reviewmg a l The Commission has stated publicly of concern due to its extreme mobility licensee's program fer classtfymg these ( on several occasions that ifit were and its presence in waste in large wastes should be small. technically feasible to classify waste by quantities. Establishment of inventory In addition to the above issues, a large total hazard. then it would make limits through site-specific license number of commenters offered eminently good sense to do so. We do conditions for such radionuclides will individual comments on a vanety of l not now know of any scheme fut such help ensure that the performance points of clanficanon. format. definition. classification: however. the Department objectives for ground water migration and completeness of the provisions for of Energy intends to support research are not exceeded. The Commission does waste classification. While not into the development of a classification not plan. as was suggested by a few summanzed here they are addressed in system for hazardous waste that might commenters, to artsbiish site inventory the detailed analysis of comments by be compatible with Part 81. In the limits for every isotope to protect the Commission staff, and to the extent meantime. the Commission will study against potential intrusion. Inadvertent practicable, these comments were the chemical toxicity of low-level waste. intruder exposures are mainly controlled r9lected in the revision of I 61.55. with special emphasis on identifying by the concentration of a particular As a result of these comments. l 61.55 any licensees who generate hazardous isotope, and to a lesser degree by the has been revised to present the wastes subject to requirements of the site inventory. classification values in two tables rather Environmental Protection Agency. We Several commenters raised specine than one. nose radio-nuclides with long wtlllock then at what could be done, points about the cost and regulatory half-lives. along with some shorter-lived perhaps through processing. to mmimire burdert of the waste classification precursors oflong-lived nuclides, are the hazard. requirements. Much of the concern was now listed separately in a new Table 1. Furthermore. the Commission believes rebted to the issue of costs for The presence of these long-lived that the techrmi provisions of Part et determming compliance with the radionuclides wt!! dominate the generally meet or exceed those expected concentration limits, as discussed classification of the waste. If waste in the Enytronmental Protection earlier. The basis of the concentrations. contains less than one tenth the Agency's rules for the disposal of in particular the 10 nanocune per gram concentration of such a nucide listed in hazardous wastes. Although it is not the limit for transuranic nuclides was of Table 1. it is Class A waste: greater than Commission's intent to allow disposal of concern and is discussed elsewhere. that,it is judged to be Class C waste hazardous wastes in a radioactive waste One commenter expressed the view that provided the concentration does not disposal facility, as is noted in the the classification requirements would exceed the value shown in Table 1. regulation. the Commission recognizes raise the cost of disposal because of Shorter-lived radionuclides are listed that euch wastes may be present in low-perceived increased cost for disposal of with a range of concentrations in Table level radioactive wastes. It is the Class A waste and the cost of quality

2. Depending on the concentration.

Commission's view that disposal of control activities. wastes contaimng only these shorter-these combined wastes in accordance While scme costs will be associated lived nuclides will be judged to be Class with the requirements of Part et will with these concerns, when they are A. B. or C. If waste contams nuclides adequately protect the public health and weighed against the longer term costs listed in both tables the mixture must safety. Such hazardous wastes are and institutional burdens that may be considered in determmmg the waste expected to be such a small percentage result if the requirements are not class. If Table 1 nurides are present in of the total volume that dilution by other adopted. the Commission ludges the concentrations less than one tenth the wastes would greatly rnmimfre any short term costs to be warranted. Table 111mits. the class is determmed risks. The Commission intends to work The State of Nevada. who regulates by the Table 2 nuclide concentracon. If closely with the Environmental the Beatty site. expressed the view that Table 1 nuclides exceed one tenth of the Protection Agency to assure continued the rule willincrease the burden and Table 111mits the waste is Cl ass C compatibility. Further. epa in its expenses of the regulatory agencies. regardless of the Table 2 concentrations. response to a resolution of the Two reasons cited related to monitoring The phrase " theoretical maximum Conference of Radiation Control the adequacy ci site mamtenance funds spectfic act2vity" has been ehmtnated Program Directors indicated their and inspection of waste generator and replaced with a notation of"no wdmgness to work with other Federal packaging and classification act2vities. !!mit." A foomote to Table 2 explains agencies to address this problem. Monitonng the adequacy of funding is that while there is no theoreticallimit Several commenters raised questions already a part of the program for for concentrations of certain nuclides in on the basis or critena for setting site regulating disposal sites and is only Class B and C wastes, practical inventory limits for certain penpberally relatea to waste considerations such as radiation and radionuclides, as was indicated in Table classification in that stabihty is not heat generation will determine the 1 of the proposed rule. Some correctly assumed for Class A wastes.This is not hmits. noted that such inventory limits would different from the existing situstion at Several radionuc!! des have been be site specific.The Commission disposal factbtles where a lerge removed from the enginally proposed established concentration limits for percentage of waste is not in a stable table. Cesium-135 was removed because radionuclides based on a number of form. nus. this does not appear to be a it is present in wastes in very small considerations. including protection of a significant mcrease in regulatory concentrations and classification wtll be

T/455 Federal Register / Vol. 47, No. 248 / Monday. D:cemb:r 27,19a2 / Rules and Regulations .. ' detennined by the presence of Cs-137 concentration of100 nanocuries per decontamination operations which and because Cs-135 is a pure beta gram of Pu 238. could reduce occupational exposures. emitter which is very difficult to To the extent practicable, the Several commenters requested the basis measure. Similarly, the radionuclides Ni-numerous footnotes ongmally found in for the 0.1 percent hmit. One commenter 59 and Nb-94 have been removed except the proposed Table 1 were eliminated recommended that no chelatmg agents as they may be conMined in activated and have been mcorporated, where be pernutted. metals. As examined in the draft appropriate. into the textual part of the Since chelatmg asents have been environmentalimpact statement of Part section on waste classification. shown to merease the migration of

61. these auchdes are present in reactor in response to a number of comments, certam radionuclides at certam sites, the 1

wastes (other than activated metals) in a statement is made that permits the Commission desired to evaluate the such small concentrations as to be conce itrations of nuclides in waste to disposal of large quantities of wastes insigmficant. Uramum has been be dete.mmed by means other than contammg hign concentrations of 1 I removed as a radionuclides that must be direct measurement. These methods chelatmg agents on a case-by-case considered for waste classification. The may include such things as matenal basis.This approach was used when the Comm2ssion's analysis shows that the accountability, where records of Commission staff reviewed the disposal types of uranium-beanng wastes bemg receipts, shipments, and inventories can of wastes that would be generated in the daposed of do not present a sufficient confirm that waste concentrations could dc-ontammation operations at the hazard to warrant limitation on the. not exceed permissible concentrations. Dresden Urut 1 Station. Because the concentration of this naturally occurnng Other indirect methods might include disposal of wastes containing chelating " inferential" measurements where a agents is dependent on the matenal. Both depleted and er.nched ratio is established between nuclides in charactenstics of the disposal facility uramum do not contain daughter a mixture and the concentrations of the and on the properties of the waste form, products tn any quantity because of the difficult.to-measure nuclide is mferred the Commission has modified the relatively short time since the uranium based on measurement of some easier-chelating agent disposal requirements to was refined from ore, compared to the to measure nuclide. Whatever the reflect this. The Commission has placed half-lives of the uranium isotopes. The indirect method used, there should be on the disposal site beense applicant the daughter products are disposed of reasonable assurance that the values responsibility for desenbmg the pnmanly as uramum mill tailings. determmed could be correlated with conditions for disposal of waste Pnmanly for these reasons. the uranium actual measurements. For example, in contammg chelatmg agents. If approved hmits were dropped. the case of inferential measurements, by the Commission. site specific For a number of radionuclides. the the ratio on which the valu. ~ requirements will be piaced on the maximum allowable concentrations m determined should be based on previous disposal facihty hcensee At this time Class C waste have been increased by a actual measurements. In the other the waste generator will be required factor of ten. This came in response to a example above, the receipts. shipments, only to identify such wastes m the number of comments recetved on the and inventones should be based on information contamed on the shipping proposed rule and the draft measured value. manifest. environmental impact statement that Subpart D f 61.56. Weste At the request of comments. pointed out where unnecessanly Charactenstics. A large number of defm' itions have been added for the conservative assumptions had been comments were received addressmg terms. " hazardous." "pyrophonc." and incorporated into the calculations for both the mmimum and the stability " explosive. intruder protection. These comments requirements for waste form Of five comments received on the pointed out that waste disposed beneath charactenstics in i 61.56. The followmg prohibition agamst packagmg waste in five meters of cover would be difficult to summanzes the comments on the . cardboard or fiberboard boxes, four felt contact even at 500 years and that such rmimum requirements. the prohibition is unnecessary. One waste would be diluted by the other One commenter objected to the use of commenter supported the provision. wastes whose radioactmty had absorbent matenal to immobilize liquids After reviewmg the comments. mcludmg decayed to extremely low levels, contamed in C! ass A waste, statmg that the reasons presented the Commission Additionally. the average usmg absorbent matena's was an still beiteves that s.ch a prohibition is concentrations tend to be only a fraction obsolete techmque. The State of South needed. The expenence :ited by the of the maximum permissible. At the Carolina recommended that this Department of Energy, of successfuity present time, these are recogmzed by requirement apply only to mstitutionally usmg cardMard coritamers for wete the Commission as conservative generated aqueous or biological waste packages at their sites. does not melude assumptions and the Commission has forms. Smee vanous absorbents have extensive handhng and transportation found triat an order of magnitude been shown to be effective with hquids. that commercially generated wastes meresse m Class C limits is warranted. such as orgame solvents. oils. etc. the might encounter.'The eustmg This order of magnitude increase has Commission sees no reason to restnct prohibition esamst cardboard and not changed the established framework the use of absorcent matenal to aqueous fiberboard co'ntamers at ecstmg of factors such as relytng on up to 100 or biological waste. The Commission disposal facihties came about as a result years of institutional control and a 500 does not see any reason to restnct the of unfavorable expenence m receivmg. mrem whole body hmit for intruders. use of absorbents to mstitutional handhng, and disposmg of wastes m The radionuclides cunum 242. was generators. such contamers. No change has been added to the nuclides in Table 1. While Eighteen commenters stated that the made m this requirement. Cm.242 is a relatively short-lived requirement (proposed m Table 1. Ten commenters addressed the nuclide (163 days) it decays to i 6155) to obtam specific approval to requirements relatmg to waste in a plutomum-238 a transuranic nuclide cispose of wastes contammg greater gaseous form. Ses eral noted an with a half life of nearly 90 years. The than 0.1 percent chelatmg agents was consistency between the preusions m concentration of 20.000 nanocunes per too restnctive. and stated that utihties il 61561a)(5) that prohtbits wastes gram for Cm-242 will result in a mignt dec:de agamst performmg capable of generatmg touc gases, and

1 Federal Register / Vol. 47. No. 248 / Monday. Decembrr 27, 1982 / Rules cnd Regulations 57457

• • 61.56(a)(7) that permits up to 100 curies presented by non. radiological however, a longer design life is called l

of activity in waste in a gaseous form. components of the radioactive waste. for. ne waste should continue to 5everst requested the basis for the 100 This was recogmzed in the requirement maintain its gross physical properties cune linut. A recommendation was proposed that wastes coetaimng and maintain a measure ofits identity made that gases should be processed biological, pathogenic, or infectious for sever.i hundred years more to into liquid or solid forms, and another matenal must be treated to reduce the provide site stability and to keep the felt that gases should be limited to potential hazard to the maximum extent Class B and C waste recogmzable and several microcuries. The Department of practicable. The Commission believes it unsuited to the construction and Energy recommended that krypton 85 is prudent to add hazardous properties agnculture scenanos postulated. immobilized by zeolite encapsulation or to this requirement and has done so. Consistent with its desire to avoid ion implantation into metai be permitted A vanety of comments were received presenptive requirements where - with concentrations up to five mdlion on the proposed requirements in possible, the 150 year specification has cunes per cubic meter. I 61.56(b) that pertam to the stability of been removed. lt is the Commission's The intent of I 61.56(a)(3) is to Class B and C wastes.These are belief, however. that to the extent that it prohibit the disposal of wastes that are discussed below for the vanous aspects is practicable, waste forms or containers chemically reactive under ambient of the requirement. should be designed to maintain gross concitions and produce toxic gaseous Nine commenters commented on the physical properties and identity over 300 reaction products. Ris section is not statement that the requirements were years, approximately the time required intended to prohibit the disposal of intended to provide stability for at least for Class B waste to decay to innocuous properly packaged gases such as H-3 or 153 years. Three thought that the 150 Svels. This is reflected in Commission Kr-85 which occasionally require years was overly restnctive and two staff technical positions. disposal.This sectiota has been recommended 100 years to correspond Fourteen commenters indicated that reworded to clanfy the intent. The 100 to the mstitutional control penod. the proposed requirement that a stable cune limit denves from the existmg Others observed that some nuclides waste form maintain its physical limits at commercial disposal facilities, would not deczy to low levels during the dimensions within five percent was The Commission has studies underway 150 years, that Class A waste should overly restnctive and impossible to to determine whether higher limits also be stable because of the presence achieve due to the impracticality of would be appropriate. Such hmits. if of Cs-137 and Sr.90. that steel drums filling containers to 95 percent capacity, justified. would be proposed in a future could not be expected to last this long. Commenters also noted that asphalt and rulemakmg. In heu of a requirement that and that high integnty containers have polymenc solidification agents would be gases be converted to a liquid or a solid, not been tested for 150 years. incapable of meeting this requirement the Commission is evaluatmg the The Commission has reviewed the 150 because of their viscoelastic creep significant generators of tntium wastes year stabdity requirement with respect properties. Commenters also observed and mvestigatmg improved package to the scenanos used to calculate the that the limit could entail added designs for tntium wastes which would waste classification values. ne expenses. be capable of retainmg the contents property of stabihty contnbutes to Upon review of the proposed nntil they had decayed to innocuous meetmg successfully several of the requirement, the Commission has levels. The requirements of Part 61 do performance objectives set forth in Part concluded that there is not sufficient not contemplate the disposel of mdlions

61. A waste that is stable for a long basis et this time to support a numerical of cunes cf Kr-85 as suggested by the penod helps assure the long term limit for deformation of stable waste.

Department of Energy.The Commission stabdity of the site, eliminatmg the need The five percent value has been is not prepared to set disposal for active maintenance after tne site is removed from this requirement. Reliance requirements for this waste at this time. closed. This stabdity helps to assure will be placed on the requirements that and smce this waste is not liable to be against water mfiltration due to fadure void spaces within packages must be generated by Commission licensees m of the disposal umt covers and, with the mammazed. that wastes must be the near future. the Commission believes improved leaching properties implicit in emplaced in a manner that permits void there is ample time to assess the still a stable waste form, mmimizes the spaces between containers to be filled. emergmg' technology for krypton fixation potential for radionuclides migration in and that these spaces must be filled. and establish suitable disposal groundwater. Stability also plays an With respect to void spaces m waste requirements through future techmcal important role m protectmg an contamers bemg reduced to the extent i guidance or rulemaking action. madvertent mtruder, smce the stable practicable. six comments were l Some commenters feit that the waste form is recogmzable for a long received. Several requested specific requirement in i 61.56(al(1) that waste penod of time and mimmazes any effects entena on how this would be met and if packages presented for disposal must from dispersion of the waste upon filler matenals were needed. Two felt comply with NRC and DOT intrusion. that economics would dnse waste transportation regulations implied that The 150 year penod was mitially generators to package the maximum j outer packagmg such as shippmg casks chosen to approximate the active hfe of volume cf waste mto a contamer and { must also be disposed. This was not the a near surface disposal facdity, along that this requirement in the rule is Commission a mtent. Since proper with the penods of post. closure unnecessary. packagmg for transportation purposes is observation and institutional controls. Due to the highly vanable nature of specified in regulations elsewhere, the At the end of this penod, the intrusion wastes. the Commission believes that it I Commission tee!s that it is not scenano is based on the intruder readily is not possible or desirable to include necessary to restate them m Part 61, reccr.izmg any uncovered waste as specific cntena for mimmizmg voids. To particularly m view of the confusion somethmg out of the ordmary with the the extent that void spaces can created. This requirement has been resuit that no furtbar attempts at contnbute to eventualinstability of the { deleted. construction or agnculture would be aaste, they should be ehmmated or As ciscussed earlier, the Commission attempted When other aspects of the reduced as much as possible. This mtght is concerned with the possible hazarcs

erformance obiecuves are considered.

be done in some cases by filleg void

5M58 Federal Registee / Vcl. 47. No. 248 / Monday. DIcemb2r 27,1982 / Rules and Regulations 0; faces with cther wastes er inert cnd the use cf the bIst avabble see inconsistency htwnn Part 61 and a materials, technology. Occupational exposures in its supportmg EIS. with Appendix ! of Eleven commenters objected to the using high integnty containers are Part 50. or rmdelmes for storage of specific requirement that the stability of expected to be sudar to or less than waste, as claimed by tne commenters waste be maintamed under a waste edidification. either with mobile Subpart D: f 61.57. Labehng. Several compressive load of 50 pounds per or installed systems. commenters offered suggestions or square mch (psi). Most felt that the Several commenters addressed the raised questions on tne requirement that specific requirement should be deleted proposed limitation of free standing waste packages be labeied to show the and replaced by a more general ligmd which would require that such classification of the contents. The l requirement to reflect actual disposal liquids be reduced to as low a level as is commenters suggested color coding, site conditions and operations. reasonably achievable, but in no case to different wordms. consistency with in response to these comments. the 50 exceed 1 percent. Further. the proposed DOT labeling. mimmum s:6ncards. and psi specification has been removed from rule stated that the liquid should be asked for clanfication of the rule. The specification was based on noncorrosive. There were no requests to responsibihttes. conservatively assummg maximum increase the value. However, one waste The requirement for labeimg is to burial depths up to 45 feet and waste or solidification service supplier provide the disposal facility operator overburden densitity c f 150 lb/ft.8 recommended a hm:t of zero, while the with informanon as to whether the Testing performed on acceptable State of South Carolina recommended contents are Class A B. or C wastes so solidified waste specimens mdicate that implementmg the hmits in the license for that he will be able tu disoose of them m 50 psi compressive strength should be the Barnwell disposal facility. i.e. 0.5 the proper manner. The Commission easily obtained. The Commission percent for solidified wastes.1 percent does not feel that a Federal standard for believes that while this is achievable. for waste in high integnty contamers. such labeling is warranted, only that it some latitute should be allowed for the Several comrnenters asked for a design of waste forms and containers to defimtion of the term " noncorrosive " be clear and legible. Individual facility reflect site conditions where burial The Commission has reexammed the operators may have operatmg depths may be less. proposed limit on free standing liquid procedures that could be enhanced by label location. size. color. etc. Smee the Since i 61.58(b) permits the stability and judged that solidified wastes and labelis to benefit the operator. it is more of waste to be achieved by placmg the wastes m high integnty containers waste m a suitable container for should be addressed separately.The appropnate for him to set specifications through contractual arrangement. A disposal, a number of comments Commission has concluded that existing addressed the propenies such a waste solidification technology can suggestion to simphfy the nomenclature on the labels was adopted and a mmor container n,hould exhibit and the uses to produce a waste form that is essentially which it should be put. !t was ouggested free of free standing liquid. In order t change was made m 6 61.57 that the Commission reexamine design compensete for potential condensation \\vaste classification labeling is in enteria for a high integnty container for .of water vapor sealed m containers. the addition to labels required by DOT for highly dispersible forms, and one Commission believes that a limit of 0.5 transportation purposes. There is a suggested that such container should be percent by volume is appropnate for similanty m nomenclature between the used for both high and low solidified wastes. For dewatered as an B waste " ^ d g ,,d by concentration wastes. A major supp!Ier products. such as ion exchange resins, of waste solidification technology that are in a container designed to requires that packages be labeled as to questioned whether the use of a ensure stability,it is very difficult to whether they are Type A or B. therefore. container reflected the best available ensure that such products would meet a there could be some confusion if the technology and the concepts of ALARA. 0.5 percent requirement following packages are labeled to m6cate the Three commenters. two of whom are transport to a burial site. Therefore, for waste classification. However. DOT has suppliers of waste solidification dewatered products.1 percent should be a sanety of numencal and alphabetical technology and services, felt that ion allowed to account for settling dunng designations and it ts sfficult to avoid exchange teams should all be solidified the transport penod. The non-corrosive

• ome similanty m desanation.

and that disposal ofion exchange media properties of the liquids will be defined Subpart D: f 6L59. Institutional by dewatenng is not within the concepts and discussed in a staff techmcal Reqmrements. There were few of ALARA and use of the best available position. rather than in the regulation. comments on the requirement for State technology. To provide a degree of consistency or Federal ownership of tne 6sposal The Commission staffis preparing a between Class A wastes and the Class B site. t hose commentmg expressed technical position on waste form and C wastes, the hnutations on liounds general support. One commenter enteria. including design entena for a m C! ass A wastes have been modified, suggested mat the State should have an high integnty container. Draft copies Liquid waste must be packaged with option to tcrn ownership and have been made available to interested sufficient absorbent matenal to absorb responsibility for long-term custody over parties for their review and comment. In twice the volume of the liquid. Soi.d to the Federal government Such an short. the technical position states that wastes with meidentalliquids must option is not available under current the container must provide as much meet the 1 percent free standing liquid law. In related cornments. two assurance of stability for as long as requirement. commenters expressed concern over the required for a stable waste form or Two commenters pointed out what State's responsibihty and habihty after product. !t should be designed, to the t..ey perceived as consistencies acceptmg the isposal site for custosal extent that it is practicable. to contain between Part 61 and other Commission care. Smce the State does become the waste and maintain gross physical rules or guides. One of the guides responsiR for the site. the State must properties and identity over 300 years. referenced is the Effluent Treatment be mv lved and aware of the operations under the conditions of disposal. The Systems Branch Techmcal Posmon 11-3. and conditions at the site dunng its Commission believes that the use of This cocument was revised m July 1981 operation. This could be done intouen contamers to achieve stability is and is censistent with part 61 some maependent os ersiant as lanc!ord. consistent with the concept of ALARA requirements. The Commission fails to or through participation with NRC.n me

Federal Register / Vd. 47. Nr. 248 / Monday. D:c:mb;r 2.7. 1982 / Rules and Regulations 57459 l l review of the imtial application as been i 4ded to the Concepts section. In the case of the post. closure care provided in Subpart F of Part CL 61.7. period. the licensee would be About twenty commenters addressai Subport E Financio/ Assurunces. responsible for all activities at the site the appropriateness of the 100' tear limit Approximately two dozen commenters found necessary by the Commission to on insntutional controls and its effect on responded to the proposed financial protect the pubbe health and safety. i wastes acceptable for disposal under assurance requirements for closure and Financial responsibility for activities the conditions presenbed by Part 81. All post-closure care. In general. the dunng the insutuconal control penod j comnienters expressed support in one e-wters expressed support for the are a mauer to be worked out between j rule's establishment of financial the site owner (i.e., the State or Federal i way or another for defining a mne frame f;r institutional control related either to assurances for closure and for long tenn Cov-mment) and the licensee in their j i the hazard duration of the waste or care of a Il.W disposal site. lesse or other legally bmding Commenters mennoned that the existing arrangement. It is possible that if the l stability or concern. !t was generally history of Il.W disposal sites revealed a site owner were a state, they would I casurance of continued government cgret,d that waste that was potentia!!y strong need to require licensees to work out an arrangement whereby the demonstrate evidence of financial site operator would collect a surcharge hazardous after the end of the assured institutional controls should be disposed responsibthty so that the public health from waste generators for the of by methods providing greater controls and safety were protected and also so institutional control penod. The rights cnd assurances against potential that potannalliabilities do not rest with and responsibilities of the State and the state taxpayers. licensee would be determined at such a cxposure. These comments are judged to Several commenters felt that the time. support the provisions of Part el that fmancial requirements should provide With regard to contingencies. one combine institutional controls with more detail The Commaraton agrees and commenter also asked who would waste form. site charactenstics. and site design and operations to provide has prepared a draft Branch Technical assume responsibility for a site and its a.ssurances that potential exposures wilj Posite on Funding Arrangements for accompanymg'wasta when it was closed Closure and for long. Term Care of a prematurely by the NRC, due to rule be with acceptable limits. Class A waste 1.LW Disposal Site that provides violation. Responsibility for a site closed that is potentially accesstble and defininve guidance for evaluaung r.ll prematurely by the NRC would depend unrecognizable is no longer hazardous financial assurances, including strety or. the situation. Additionally closure dier 100 years. Special provisions for would be a last resort of the bonds. waste being in a stable form and in One of the maior points raised by a Commissum. smce the agency has other some cases buned deep assure against vanery of commer.:ers was that the authontres, such as civil penalties, to potentially unacceptable exposures or proposed regulation tasted to address require licensee compliance. In the releases for up to 500 years, nnancial responsibility for event it would become necessary to There were a number of suggestions unanticipated connngencies at a LLW close the site for haahh ar 1,afety that the pened of institutional control disposal site. One group expressed reasons. the rule provides that the should be raised from 100 to 300 years. e neern that the regulations set the licenses continues to be respor. tble There appear to be two basic reasons stage for a tax. payer funded bail.out" until the hcense is tenmnated. In the for these suggestions. One reason is that of poorty-run disposal sites. They felt event that the licensee's fin ncal institutions such as a state or the the indcstry should bear these costs, condiuon detenorated so that be was Federal government can reasonably be and that the regulations should be unable to maintam the site to protect the cxpected to survive for much longer wntten to make this explicit. Another public health and safety, then the than 100 years. A second reason is that commenter noted that the expenence of Comnussicn would probably reqatre the the 100 year restnction on institutional the State of Kentucky with Maxey Flats site owner (either the State or Federal care affects the waste concentrations emphastred the importance of making govermnent} to assume responsibibry at acceptable for disposal as Class A contingency funds available in the event the site. waste with resultant higher costs to the that senous problems occur, ney felt Regardless of who assumed waste generator. With respect to the this issue should be addressed in the responsibility for a prercaturely closed first t'eason, the Commission feels that it rulemakmg. One State fur *her noted that site. the rules require that a beensee is not a question of how long the the rule failed to mention who would be have available at all tmes durms se government can survive, but how long financially responsible if problems occur see life, sufficient financial guarantees should they be expected to provide at the site that cost rnore than were to ensure that sufficient funcs are custodial care. Based on work done by budgeted on an assumption of normal avadable for site c!csure and EPA. public comments on a prelimmary operation. These questions cover wch a decommissionma These funds =ould be draft of Part 61 and an advanced notice renetv of different scenanos (i e.. Acts avaliaole for properiy mamtammg the of proposed rulemakmg. and four of God. heensee neghgence. etc.) that it site :f tne or:gmat hcensee were unable regional workshops a clear consensus is not possible to specifically respond to to do so. was developed which supported the 100 all of tne potential contegenc:es. Severai commenters considered that year limit. The Commtssion has not seen Howes er. a general response to the the rule shcuid resche de issue of any compelling reasons to change its overallissue of responsibihty for financ:al responsibthry fer contmsencies view on the 100 year limit. conttnaencies at a low-level waste by requinns hab;hry msurance or Some commenters expressed the view disposal site is possible. These specific lamruage that hcensees would that the novernment landowner should cemments coser two different time be required to mdemnify property have flexibility 12 controlling site access panoca-she post.c!csure penoc. wnen owners m case of off+te ramration. durmg the matitutional control penod the ongmal heensee is still responsible Although not proposed in the ongmai and that productive uses of the land at the site. and the matitutional control rule, the staff evalustron of 6ese pubhc which would not affect site integnty period. when the hcense has been comments indicates there is a need for should be permitted. ne Commission transfer ed to the landow.et of the site hcensees to provide fmancial agrees and words to that effect have for a penod of up to one hundred years responsibsbry for habihry coverage for

< 57480 Federal Register / Vd. 47. No. 248 / Monday. D:cembu 27, 1982 / Rules and Regulatwns 4 s off-site bodily injury and property unavailable at this time. Howev:r. th2 discussion with the State or tnbal damage. The Commission thinks the Commission meluded this altemative in governing body. At the request of the public health and safety and the the rule in the event that this type of Department of the Intenor, a statement environment would be protected from coverage becomes avatlable in the was added to i 2.101 to mdicate that the unanticipated contin 6encils by such insurance market at a later time. Commission will mform the U.S. Bureau coverage, as well as assisting the States Commenters were also divided about ofIndian Affairs when tribes have been in establishing disposal sites. Four whether the Commission should allow notified of the filmg of an appbcation, existmg 1.LW disposal facilities self-insursnee as a financial assurance The Commission has been exammmg currently carry this type of liability - for closure. Several commenters felt that ways by which the licensmg process can coverage, and several other State and self-insurance would not satisfy the be shortened in time. One way is to Federal agencies, including EPA have surety requirements, and they conduct acuvities m parallel where imposed similar requirements for recommended that hcensees should be possible, ra*her than sequentially. One hazardous and radio-active waste required to place specific funds in such area is m the submittal and facilities in order to protect the public escrow to cover costs of evaluation of proposals by States and health and safety an't the environment. decontamination. closure ar< Indian tnbes for participation in the However. at the present time, the stabilization. Another commenter NRC license review, as provided by Commission's only statutory framework suggested that self-insurance be based Subpart F. As proposed.1615 would for establishmg such a requirement is on an annual submittal of financial provide up to 100 days af:et an Section 170 of the Atomic Energy Act. reports, i.e.. a financial test. apphcanon was docketed for a State or also known as the " Price-Anderson'* The Commission rejected the use of tnbe to submit a proposal for Act.This type of coverage is designed to stand alone "self-insurance" based on participation. The time from imtial cover " catastrophic events" primarily the Commission's lack of confidence in submittalof the application untilit has for nuclear reactor licensees, and the this method to provide adequate been docketed is estimated to be 60 Commission feels this coverage would assurances. Furzher. state officials have days or more. Thus, there is a potential be in excess of the risk at a low-level informally expressed the need to have delay of180 days between the time NRC waste facility. Therefore. the tangible funds available from the would receive a proposal and could Commission has not established a third licensee for site closure, so the State as begin the senous consideration of the party liability requirement in this landowner would not be left fmancially proposal. IJntil resolution were reached regulation.The Commission will responsible. While not specifically on the role a State or tnbes would play strongly encourage licensees to continue allowmg its use on a genene basis in the in the review. the NRC's review of the to carry third party liability insurance rule. the Commission will evaluate the application could be sy;mficantly coverage through the conventional use of financial tests proposed by hampered. insurance market. licensees on a case-by-case basis. The Low Level Radiantn e Waste A variety of comments were received Commenters also expressed support Policy Act of1980 clearly states that it is concerning the short term financial for the need to have a long term care a State's responstbthty to provide for the assurances required for closure and fund established at the time a license is disposal of low level waste. The Act decomissierung. Several commenters issued. Some cormnenters wanted the also provides for the formation of supported the rule's use of a vanety of rule to explicitly require the licensee to interstate compacts for this purpose. different options for closure, noting that set aside funds for long term care. subject to Congressional approval. Thus, flexibility was crucialif the proposed However, the Commission currently any application for a disposal facihty rule was to function in a reasonable lacks the authonty to require a licensee license will have had State or compact to establish a fund to provide for long-participation and backing for a

manner, Other commenters expressed support term care of the site after the bcense is significant pened of ame before for the rule's provision requinns that the termmated. Instead, the Commission submittal. Dunng this time. the amount of surety liability change with can only require a licensee to provide Commission beiseves that the State w:!)

changes in cost estimates. One evidence of entenng into a lease or have had ample opportumty to commenter also was concerned that the other bmding arrangement with the site determme what role it wants to play in financial surety derangements incre ase owner mdicatmg that the two parties the review cf :ne application. This also m value over time to compensate for the have established fmancial responsib:hty holds true for otner States that are effects of inflation.The rule allows the for long term care between tnemselves. parties te an :ntersiste compact. Commission to periodically assess the With regard to the lack of authonty one Therefore. I 6t ~2 :s ceme enanged to amount of funds collected for both person suggested that the Commission require rhot a proposal from be State m closure and post-closure care of the site ask Congress for authonty to require whicn the f acii.ty is proposed. or from and if necessary, the Commission could financ:a1 assurances for licensees for the any State mvohea m a ccmpact with require the financial assurances to be acuve msututional control penod. The the State. must be suom.tted withm 45 increased to account for inflation. NRC has raised this issue with Congress days after the appocation has been unforeseen problems, and unanticipated both m testimony and m a letter tendere? Howeser. the Comnussion commentmg on waste legislation. notes tnat a more prompt submittal by

costs, Commenters expressed support for Sabpart F: Par:ic:pction by S! :e the State would he!p reduce dekays.

the vanety of alternatives allowed to Cove nments andindica Tnoes. Many Althouen :t :s to be hoped that the demonstrate short term financial of the comments on Subpart F were States wdl micrm Incian tnbes of plans responsibihty. However, several concerned with mterpretations and for cisposai facilities and proside them commenters mentioned that no c!anfications. These base been witn sufficient.nformaaen to perma commercial market exists to provide answered m the detened analy sis of them to make a proposal at an early surety bonds of the type mentioned in comments Two noteworthy cnanges time there :s no way of ensurmg tnis. the rule. In hvelopag the rule, the were made. In i 6111. a cnarse was Therefore Inaian tnoes and States not Commission is aware ' hat surety bonds mace to ensure inat tr.e D; rector snali cas erea eco*e wid be gis en 120 day s of the type proposed in ihe ru!e may be mue Commission staff asadabie for from tre tencermg of an appacation to

Federal Register / Vol. 47. No. 248 / Monday. December 27, 1982 / Rules and Regulations 57461 e submit their proposal. It is anticipated commenter. Only a handful of issues underway to provide such guidance, first that the parucipation of Indiary tnbes drew more than one comment. with four in the form of staff technical positions, and non compact States will nqt impact being the largest number of comments then as Regulatory Guides.Most of the the schedule of the licensing process as on any issue. As a result of these topics addressed by the con menters are much and this additional time can be comments, several changes were made already under development. accommodated. to the proposed requirements to clanfy Consideration is bemg given to the The Commission believes that there some aspects. development of guidance on other topics should be sufficient information in the To deal with the situation where a suggested by the commenters. tendered application on which to base a waste collector picks up waste directly One commenter suggested exemptmg proposal and that it is not necessary tt> from the generator, provisions are made wastes m storage prior to the effective wait unn!'the acceptance review is for delivenng the mamfest to the date of the regulation from the completed and the docketmg procedure collector at that time. The waste packaging and labehng requirements. carned out. collector will not be required to attach This comment touches on a subiect with By making these changes. review of copies of all waste generator manifests broader imphcetions, the phasing m of proposals can be carned out earlier and - to his, as long as the collector's manifest the Part 61 requirements. cop;. stent with in parallel with the other reviews. It is has the information for each package the abihty of heensees. Agreement expected that this could reduce the that is required by i 20.311(bl. The States, and applicants to make licensing time by up to six months. person transfernng wastei, will be necessary changes to assure It shoud be noted that participation by required to maintatn a signed copy of comphance. States and Indian tnbes pursuant to the marufest or equivalent The following sect ons and subparts Subpart F of Part Bl as not through an documentation such as a computer will be considered a matter of adjudicatory heanng. If an adjudicatory generated pnntout from the transferee compatibility for the Agreement States hearing is requested. then 10 CFR Part 2 contammg the same inforrr inon and when the rule is adopted: Section 61.2. epplies. binding acknowledgement _s the record Definitions: Subpart C. Performance A provision was added to 161.25 to required by Parts 30,40 and 70 Objectives: Subpart D. Technical ensure that State. local, and Indian govermng transfer of licensed matenal. Requirements for L.and Disposal officials were notified of the opport iruty This was done to provide mspectable Facihties: those pornons of Subpart B for a heanng for certain types of records at the waste generator s facility that are necessary to implement the amendments to the disposal facility which demonstrate compliance with the provisions of Subpsrta C and D that license. mamfest requirements. pornon of Subpart E requinng closure Subpart C: Records. Reports. Tests. Changes were made in the fundina arrangements: and Secnon and Inspectmns. Several commenters requirements dealing with quality 00.311. Transfer for disposal and made suggesnons on records and assurance. The term quality " assurance'. mamfests. Meetmgs were held with reports and the need for resident has been changed to quality " control Agreement State representanves and inspectors. Comments were also offered and management s role has been agreement was reached on a method for encouragmg state involvement in modified to require evaluation of audits umform implementation of the mamfest records review and inspections. Two rather than the conduct of such audits. requirements, waste classification. suggestions. relative to reporting any Of note is that only one commenter, a waste form. and the effective date of release of radioactivity and a midwest utility. addressed the question Section 20.311 which was set at 365' days requirement for maintaining duplicate of the burden that the manifest would after publication m the Federal Register. sets at.mrds were rejected as bems represent to small entities. W hen the Since all other provisions of the impriscticable. The Commission. manifest reqmrements were proposed. however, would encourage protection of the Commission judged that they would proposed rules would pertam only to apphcants for new Commission. licensed records so that they would not be not have sigmficant economic impact on vulnerable to loss because of fire. flood, small enuties. Pursuant to the disposal facilities. there are.to reasons to delay the effective date of these or other occurrence. The other Regulatory Flexibility Act. the suggestions did not require modification Commission solicited comments on this requirements. The Commission is w rkmg with the Agreement States to of the regulations m order to accomplish matter. develop model regulations to be adopted what was suggested. Gene.ral Comments by the Agreement States m accordance 10 CFR Part 2: Rules of Practice. N > major issues were raised by the several Seventeen commenters expressed with their agreements to mamtam comments on the proposed amendments concern with the use of absolute terms compatible state regulations. to Part 2. m the rule such as "ehmma e" and Appi:cability of the requirements m 10 CFR Port 20 f 20.3n Transferror " pres ent." One was concerned about the Part 61 to Commission discosal factitty Disposa/ and Mamfests. Because any lacx of absoluteness of " reasonable hcenses m effect on tne effective date of the rule will be determmeo on a case. licensee might make a waste shipment assurance. and thus be subject to the proposed As discussed elsewhere, most of the by case basis and implemented throuan mamfest system requirements, the places where sucn terms were used terms and concmons of the hcense or oy Commission mailed copies of the were m the context of design ootectives. orders :ssuea by tt:e Cora.m:ssion. proposed rules to each of the Since total achievement of such There were a vanety of comments Com stssion's approximately 9.000 absolute objectives is unhkely. related to commenters quesnons about licet.wes. In addition. some 12.000 modifications have been made to the the development of rew sites. conce ns copies were furmshed to the Agreement requirements to reqmre mimmaation or over nuc! ear fac:hties becommg ce (cero States for distribution to their hcensees. presenoon to tne exteret practicatae. msposat sites. tne neec for an Out of this large group came a total of 29 Twelve commenters mace suggestions ens tronmental tmpact statement and an letters commentmg on the manifest on the unds of additional regulatory estension of the comment pertad for system. These comments were wide gmaance triey felt was needed. The Part 61 to correspond with that of the ranamg. with the majority of questtoos Commission agrees won the need for e.vtronmental tmpact sta tement. These or suggestions bemg raised by only one resuiatory g.ucance and has a program ccmraents are adcressec m the detas!ed

i h746% Fcd:r:1 Regist:r / Vol. 47. No. 248 / Monday. December 27. 1982 / Rules and Regulations analysis of comments and had no efft et Regulatory Flexibility Act the Regulatory Flexibility Act or the summary analysis. One ut, day (which is on the rule. The comment period was, in Based up m the information available not a small entity) did mane a general f:ct, extended from October 22.1981 to and on the 'pubhc comments received on qualitative reference to burdens on linuary 14.1982 to correspondwith that the proposed rule, and m accordance smaH entines. Twehe commenters for the EIS. with the Regulatory Flexibility A:t of representmg a vanety of sectors (not About one third of all commenters 1480. 5 U.S.C. 605(b). the Commission offered editonal suggestions that were hereby certifies that this rulemaking will just small entities) addressed the potential burden of the mamfest system, aimed at improvmg clanty, correcting not,if promulgated. have a significant Section 604 of the Regulatory grammatical errors and noting economic impact upon a substantial typographical errors. These were very number of small entities. Flexibility Act further requires a helpful m prepanng the final vers.on of The Regulatory Flexibility Act (Pub. L summary of the issues and a statement the rule. 96-345) was signed into law m of any changes made in the proposed rule as a result of the comments.Two September 1980. The Act's pnncipal Employee Protection objective is to make certain that Federal commenters were concerned about the A new 10 CFR 61.9 has been added agencies try, where possible to fit burden of specifymg chemical form, Four commenters objected to shipper concernmg job protection for employees regulatory requirements to the scale of who provide mformation to the the affected actmty. Sigmficant responsibility for trackmg shipments. Commission. The new section is economic impacts on a substantial Three commenters me!udmg one broker included in this final rulemaking to carry number of small entities is a major considered the system to be a out the Commission's intent that all concern. Part 61 and accompanymg rule paperwork burden and two a general specific licensees will have similar changes will potentially impact a burden. Three supported the system and responsibilities under its employee significant numoer of persons licensed one mdicated no problems in complying. Two obj,ected to forwarding a copy of protection regulations. See the Federal by the Commission and the Agreement the mamfest and one was concerned Register notice (47 FR 30452) dated july States. The following discussion addresses the factors m the analyses about the imphcations of generator 14.1982 for the basis for this action. required by the Act and the public certifications. New 10 CFR 61.9 emphasizes to comments received. The draft and final The proposed rde m, cluded relief EIS's for Part 61 provide additional language "as completely as practicable" g g a plica d ett c tractors and background information and analysis of for specifymg themical form. Small subcontractors-that termination or the impacts of this rulemaimg action. enuties generate a sigmficant percent of other acts of job discnmmation against Section 604 of the Regulatory wastes and data on these wastes is employees who engage in activities Flexibthty Act requires that the need for needed so no further relief was furthenng the purposes of the Atomic the regulatory action be clearly provided. Obiections to shipper tracking Energy Act and the Energy estabhshed. The need for standards to and forwarding mamfests stemmed Reorgamzation Act is prohibited. In govern the disposal of low-level pnmanly from the need to clanfy intent cddition. new 10 CFR 61.9 mames the radioactive wastes and new regulations of the rule on waste broker or collector employee aware that if disenmination of to implement these standards was role and responsibility. The transfer of this nature is believed to have occurred. discussed in detail in the draft EIS. The papers and trackmg responsibility is a remedy is available through the % age maponty of the public comments more clearly addressed in the final rule. ) and Hour Division of the Department of supported the rule and thus affirmed the The recommendation for simplifying the j Labor. To ensure that employees of need for the rule and the regulator paperwork for brokers was adopted. heensees and applicants are aware of framework it establishes. These issues and concerns are these amendments, these orgamzations Section 609 of the Regulatory addressed in more detailin the staff tre required to post their premises with Flexibility Act reqmtes that small analysis of comments m the final EIS. explanatory matenal telated to the entines have an opportunity to The comments on waste classification prohibition of disenmination and participate in the rulemaking when the were discussed m the preceding availability of a remedy m the event of rule will have a si;mficant economic summary and resulted in extensive i disenmination. impset on a substantial number. Since revision of this portion of the rule to the Commission's imual certification of simphfy and clanfy the requirements. Paperwork Reduction Act no stumficant impact was a quahfied The detailed staff analysis in the fmal As required by the Paperwork one. special efforts to reach small EIS provides further discussion cf 6e Reduction Act. Pub. L 96-511. the entitles were made. For example, the issues raised. recordkeeping and reporting proposed rule was distnbuted to all Federal rules dat overlap the requiremems in the proposed Commission hcensees 19.000) and made proposed rule are primarily those of 6e amendment; to 10 CFR 20 incorporated n adabic to Agreement States (12,000 Department of Transportation (DOT). in the 10 CFR 61 rulemaking were bcenseesi with a cover letter The Commission and DOT have an submitted to the Office of Management n:gniantmg tne pomts that might impact established workmg relationship and Budget and were approved. The tnem. Comrnents wete solicited from implemented throures a formal proposed amendments to 10 CFR Part 20 groups such as the Health Physics Memorandum of Understandmg. The were not sigmficantly altered as a result Society. a national orgam:ation of rule itself acknowledges the need to of public comments so that approval professional!s concerned with radtation comply with DOT rules. and the remams valid.The application. safety. many of whose members will Commission currently mspects licensees reportmg. and recordieeping hoe to prepare namfests and for comp!!ance with DOT requirements, requirements contamed in 10 CFR el coormnate templiance with We rule. The mamfest reoutred by this apply only to land disposal facihty The Heahn Physics Scciety pc::hcized rulemtimg is consistent with DOT operators and affect fewer than 10 tne rule :n :ts newsletters to memoers. shippmg paper requirements. and the persons and. therefore. are not subiect Of some tW mfierent commenters same document may be used by to OMB clearance, responmns none specifically addressed bcensees to meet requirements of both

Federal Register / Vol. 47. Nn. 248 / M:nday. D:cemb:r 27. 't982 / Rul:s and Regubtions 57463 agencies. Neither NRC nor DOT require reporting requirements impose such a of the Code of Federal Regulations are a spectSc form and both allow such dual mmor incremental burden that no published as a document subject tri use. ne waste form and packagmg exemption was considered. Initial codificauon. requirements are in addition to and estimates were that about 2.000 of the A new Part 61 is added to 10 CFR to companble with DOT rules. In addition. Commission's 9.000 licensees are waste read as follows: the manifest terminology and generators who might make waste requirernents were compared to those in shipments. Waste generators must PART 61-UCENSING the proposed Umfonn Hazardous Waste provide more complete information on REQUIREMENTS FOR t.AND Manifeet. the joint EPA / DOT proposed the mamfest than is currently required OtSPOSAL CF RADIOACTIVE WASTE form published March 4.1982 (47 FR to meet DOT shipping paper 9336). A few minor procedural and requirements and must report on 8"bP8" A-"G'"*U *f'**'ons terminology changes were made to investigations of missing shipments.The sec. conform to this proposed form. edditional informa tion required in the ett Purpose and scope. Licensees may use the Umform manifest includes the identities of et2 Defaut ons. Hazardous Waste Manifest, once it is solidification agents: presence of any ets License required. implemented. as both a DOT shipping chelating agents: whether the waste is et 4 Commumcat ons. paper and a NRC manifest for Class A. B. or C; and the total quantity ets lmerpretanens. rad!cactive wastes by usmg addit'onal of H-3. C-14. Tc-09. and I-129. The et.e Exempuans. spaces to desenbe wastes and adding annuel public burden for alllicensees 81.7 Concepts. Information to the back. These changes should be no more than about 4.500 staff et.8 Reponmg. recordkeepmg. and were made based en consultation with hours for the preparation of the mamfest spphesuon requinmems: WB appmal EPA and DOT staff and will help to instead of just preparation of DOT et, Ypfoy,',' pre,,c13,n, reduce the burden on alllicensees. shippmg papers and 1.000 hours for The following comment was received invesngatmg and reporting on late or Subpart S--Ucenses from EPA on possible duplicative missing shipments. Reactor licensees. etto Content of application. requirements: who are not small entitites. ship at least 61.11 Ceneral mfermanon. NRC solicited comments on possible half the waste now shipped to disposal et12 Specific techmcal mfor:nanon. duplicanve requirements for effluent releases sites. The remainder is shipped by ett3 Techrucal analyses. and braker acovities under the hospitals. umversities, industnal firms, 61.14 Insutunonal infomation. Comprehensive Enytronmental Response. etc who may or may not be small etts Financ:sl mfonnatin. Compensation and Llabihty Qer tnf (CERCLA)." Anis 'Superfund_Act of 19so enubes. Thus,less than half this burden et law exempts g,d s bunon of application.. from nonficanon "any release of ource-should fall on small entities based on specal nuclear. or byproduct matenal... In relauve volumes of wantes abipped. The et Updaung of applicsuon and comphance with a legally enforceable waste ciasstficadon and daractensbcs ummmental report. License. permit. regulanons, or order issued portion of the rule does provide relief for ela3 Standards for issuance of a license. pursuant to the Atomic Energy Act of1954= most wastes produced by the small ell 4 Conditions of bcenses. ICERCLA Secdon 101(10)(K)). Radioactive entities,i.e Clasa A wastes. Where et:5 Changes. releases from nuclear waste disposal radiological hazard permns. segregated elle Amendment oflicense. facthnes which are not in comphance with an disposal has been provided as an option e127 Application for renewal or cloeure. NRC heense, permat. regulanon, or order fall within the reporting requirements of to complying with more restrictive ell 8 Contents of apphcanon for closure. CERCLA.Furthermore, as part of the waste acceptance requirements for e129 Post. closure observaton and nonfication regulations under CERCLA. EPA Class B and C wastes

• • • • "*"f license.

is plannmg to develop a nonfication scheme ne increwal bem me 61.30 Transfer o for releases of radioactive matenals not initially judged small. Based on further Termmation of beense. et31 hcensed under the Atomac Energy Act of1954 staff evaluations and public comments Suboart C-Performance Objectivee or the Uramum Mill Tasimas Rad!ation on the rule. this imtial judgment was e1.40 General requirement. Control Act of 1978. EPA w'.shes to -- correct and the rule wdl not have a el 41 Protecuen of the general population Cuphcanye reportmg requirements for sigmficant economic impact. The from reiesses of ra6cactmry. releases reported to other agenc:es. EPA intends to work with NRC to nunmuze ridemaking wd! not affect economic et 42 Protection of mdmd;.a!s fro:n duplicative reportmg requirements to the factors such as employment. busmess medvertent mtrusion. viabdity, or ability of affected enutes to 01 43 Pmecum of mdmduals durmg

• • P "

compete. The improvements in waste 0"*"" , The EPA also address =d the potential disposal practices and the contnbutiors e144 Stabihty of the isposai site after Irr duplicative costs to the two agencies far wastes that are a mixture of of those improvements to establishmg h:tardous chetmcals and radioactive new disposal capactry are judged to Nepart 0 -Tecnnical Requirements f or matenalt. Close coordination and a r:gr.;ficarfly outweign the smalj Lano Disposal Facilities j economic impact on small entities. et50 Dupoul sue sunabth*y reqwrements memorandum of understanding were suggested. EPA has regulatory List of Subjects m to CFR Part 61 for f and disposal 61.51 D:sposal sae design for land disposal. responsibility for the disposal of Lowdes el waste. Nuclear materials. ets: Land d.sposal'acmty opersuon and h:zardous wastes under the Resource Penalty. Waste treatment and disposal. esposai sue closure C:nservation and Recovery Act Pursuant to the Atomic Energy Act of n53 Enmmmunal menneta. (RCRA). NRC agrees that the two "5' #""' " " 9 ""'" I ' d "

• j regulatory programs need to be 1954. as amended. the Energy i

Reorganaanan Act of 1974. as amended- "Nas"eISsncanen. coordmated, and will take acnon in that and secuon 553 :f utie 5 of the Umted e155 el se w,,r, en,,,c:,n.nc,. regard. States Code me followmg new 10 CFR 61 57 Labeimg. The Regulatory Flex 2bility Act also Part 61 and tr.e followmg amendmer'ts et se Altematae repairements for waste requires discussion of alternauves to the to 10 CFR Parts 2.19. 20. OL 30. 40. $L classincanon en:: cr.aracte sucs. proposed action. The recordkeepmg and

70. 73. and 170 to Chapter 1 of Title 10.

el 59 Imhtunonal teamrements.

1 ' r/444 Federal Register / Vd. 47. Na. 248 / Monday. Decemb:r 27. 1982 / Rul:s and Regulations j g sumpert E-financial Aneurences thorium tailings or wastes (byproduct " Disposal site" reeans that porton of j s c. matenal as defm' ed in i 40.4(s-1)) as a land disposal facility which is used for i 81.81 App!! cant qualifications and provided for in Part 40 of this chapter in disposal of waste. It consists of disposal i for disposal site' closure and quantities greater than 10.000 kilograms umts and a buffer zone, f et.a2 F stabihzauon. and containmg more than five ('5) " Disposal umt" means a discrete et.e3 Financial apurances for it.stitutiona] millicunes of radium-2 B: or (3) disposal portion of the disposal site mto which controla. oflicensed matenal as prended for m waste is placed for 6sposal. For near Part 20 of this chapter. surfece disposal de umt is usually a susppert F T . 1 % Stem m trench Gownmente and ineen Trees iet2 Definittana. el.70 Scope. As used in this part: "Engmeered barner" means a man. made structure or device that is e1.71 State and Tribal govemment " Active maintenance"means any siamficant remedial activity needed intended to improve tne land disposal consultation. el.r2 Filing of proposals for State and Tnbal dunng the pened of institutional control facility's ability to meet the performance participation. e1.73 Commission opproval of proposals. to mamtain a reasonable assurance that objectives in Subpart C' the performance objectives in il 61.41 ,, Explosive matenal,, means any Suspert C % % hpons. Testa, and and 61.42 are met. Such active chemical compound. mixture, or device, inopoonene maintenance includes ongoing activities which produces a substantial et.ao Memtenance of records. reporta. and sur.h as the pumping and treatment of instantaneous release of gas and heat transfers. water from a disposal umt or one-time spontaneously or by contact w:th sparks et.s1 Tests at land disposal facilities. measures such as replacement of a or flame. ja nspecens cMad disposal unit cover. Active maintenance " Government agercy" means any et.a2 s

1. 131 Violanons, does not include custodial activtties executive department. commission.

Authority: Sees. 53.57,62.83,65.a1.101. such as tepair of fencing. repair or independent establishment, or 182.183, se Stat. eso 932,933. 935. Ms. 953, replacement of monitonng equipment. corporation. wholly or partly owned by 954. as amended (42 U.S.C 20/3. 00?7. 2092. revegetation. minct additions to soil the Umted States cf Amenca which is 20s3. 2005.2111.: 01 ~ ::331: Secs. 202, cover. minor repair of disposal unit an instrumentality of &e Umted States.

06, se Stat.1244.124a. (42 U.S.C 5a42. $Nel; covers, and general disposal site upkeep or any board, bureau dinsion. service.

Secs.10 and 14. Pub. I. 95-401. 92 Stat. 951 such as mowmg grass. office. officer, authonty, adminstration. [42 U.S.C 021a and 58511 " Buffer zone"is a portjan of the or other establishment m the executive For the purposes of Sec. 2:3. 68 Stat 958, as disposal site that is controlled by the branch of the government. keS3 e. el(es licensee and dat lies under the disposal " Hazardous waste" means those b an et e e1.43. e1.52. elm, et.55. e1.56, and 61.e1 units and between the disposal units wastes designated as hazardous by through e1.63 issued under Sec. leib. es Stat. and the boundary of the site. Environmental Protection Agency esa as amended (42 U.S.C 22ct(bl): II el.10 " Chelating agent" means amm, e regulations in 40 CFR Part 261. through 61.18. e1.24. and el.so issued under polycarboxylic acids (e g. EDTA. "Hydrogeologic unit" means any soil Sec. teto, es Stat. eso, as amended (42 U.S.C DTPA). hydroxy-carboxylic acids, and or rock unit er zone which by virtue of 20110!!. ploycarboxylic acids (e.g., citnc acid, its porosity or permeability or lack Subpart A--General Provisions carbolic acid. and glucinic acid)* thereof, has a distinct influence on the " Commencement of construction" storage or movement of groundwater. l 81.1 Purpose and scope. means any cleanng ofland. excavation. .. inadvertent intruder.. means a (a) The regulations in this part or other substantial action that would establish. for land disposal of adversely affect the environment of a pers n who might occupy the disposal radioactive waste, the procedures. land disposal facility. The term does not site After ci sure and engage in nonnal enteria, and terms and conditions upon mean disposal site exploration, acmes. M as agmh. dwemng which the Commission issues licenses necessary roads for disposal sita e nstructs n. r ther pursuits in which for the disposal of radioactive wastes exploration, bonngs to determme the person might be unknowmgly contaimng byproduct, source and foundation conditions. or other exp sed to radiaton from the weste. ' Indian Tnbe

• means an Indian nbe special nuclear material received from preconstruction momtonng or testing to

{ as de med m the Indian Self-r cther persons. Disposal of waste by an establish background informanon Determmatmn and Education j individual licensee is set forth in Part 20 related to the suitabihty of the disposal j of this chapter. Applicability of the site or the protection of environmental Assistance Act (25 U S C. 450). requirements in this Part to Commissiotr values. " Intruder barrier" means a suffic:ent licenses for waste disposal facilities in "Comrmssion" means the Nuclear death of cover over the waste that effect on the effective date of this rule Regulatory Comnussion or its duly mhibits contact with waste and helps to l will be determmed on a case-by-case autnonzed representat2ves. ensure that ra6ation exposures to an j basts and implemented through terms "Custo6a] Agency" means an agency madvertent mtruder will meet the j and conditions of the license or by of the government designated to act on performance oblectives set fortn m iis j orders issued by the Commission. behalf of the government owner of the part, or engmeered structures that (b) Except as provided in Part 150 of disposal ute. provides equivalent protecnon to the this chapter, which addresses " Directer" means the Director. Office madvertent mtruder. assunption of certam regulatory of Nuclear Matenal Safety and " Land disposal facility" means the authenty by Agreement States, and Safeguards. U. S. Nuclear Regulatory land. buildmgs, and equipment wh:ch :s i 61.6 " Exemptions." the regulations in Comnussion. mtended to be used for tne disposal of this part apply to all persons in the " Disposal" means the isolat2cc of ra6oactive was:es tr.to the subsurface United States. The regulations in &is radioactae wastes from the c40 sphere of the land. Fv purposes of this chapter, part do not apply to (1) disposal of high-inhabited by man and contammg his a geologic repostmry as defmec m Part i level waste as provided for in Part 60 of food chams by emp;acement m a land 60 is no' cons:ded a.'ard 1sposal this chapten (2) disposal of uramum or disposal facity. fa e ty l I

Federal Register / Vol. 47. No. 248 / Monday. Dzcember 27, 1982 / Rules and Regulations 57465 "Ucense" means s' license issued Indian Self. Determination and life or property or the common defense under the regulations in Part 61 of this Education Assistance Act (25 U.S.C. and secunty, and is otherwise in the chapter. "Ucensee" means the bolder of 450). public mterest. such a license. s " Waste" means those low. level "Monitanns means coserving and radioacuve wastes containing source, I st.7 Concepts. making measurements to provide data to special nuclear. or byproduct matenal Ia) The Disposclfacility. (1) Part et is evaluate the performance and that are acceptable for disposalin a intended to apply to land disposal of characteristics of the disposal site. land disposal facility. For the purposes radioactive waste and not to other "Near-surface disposal facility'* of this deftmtion. low-level waste has methods such as sea or extraterrestnal means a land disposal facility in which the same meanmg as in the Low-Level disposal. Part 61 contains procedural radioactive waste is disposed ofin or Waste Policy Act, that is radioactive requirements and performance within the upper 30 meters of the earth's waste not classified as high. level objectives applicable to any method of surface. radioacuve waste. transuranic vaste. land disposal. It contams spe:afic " Person" means (1) any individual. spent nuclear fuel, or byprodact material technical requirements for near. surface corporation. partnership, fim. as defined in section 11e.(2) of the disposal of radioacuve waste which association trust, estate public or Atomic Energy Act (uranium or thorium involves disposalin the uppermost pnvate institution, group govemment tailings ar..! waste). pornon of the earth, approximately 30 agency other than the Commission or - meters. Bunal deeper than 30 meters the Department of Energy. (except that i s1.3 ucense required. may also be sausfactory. Techmcal the Department of Energy is considered (a) No person may receive. possess. requirements for alternative methods a person w thin the meamns of the and dispose of radioactive waste wtll be added in the future. regulations in this part to the extent that containing source. special nuclear. or (2) Near-surface disposal of its facilities and activities are subject to byproduct matenal at a land disposal radioactive waste takes place at a near. the licensing and related regulatory facdity unless authonzed by a license surface disposal facility, which includes authonty of the Commission pursuant to issued by the Commission pursuant to all of the land and buildings necessary section 202 of the Energy Reort,amzation this part. or unless exempnon has been to carry out the disposal. The disposal Act of 1974 (88 Stat.1 44]) any State or granted by the Commission under i 61.6 site is that portion of the facility which any political subdivision of or any of this part-waste is used for disposal of waste and political entity within a State, any (b) Each person shall file an consists of disposal umts and a buffer foreign government or nation or any applicanon with the Comnussion and zone. A disposal unit is a discrete polincal subdivision of any such obtain a license as provided in this part portion of the disposal site into which govemment or nation, or other entity; before commencmg construenon of a waste is placed for disposal. For near. and (2) any legal successor. land disposal facdity. Failure to comply surface disposal. the disposal urut is representative agent, or agency of the with its requirement may be grounds usually a trench. A buffer zone is a foregoing. for denial of a license. portion of the disposal site that is "Pyrophosic liquid" means any liquid that igmtes spontaneously in dry or i s1.4 commun6 cations. controlled by the licensee and that !!cs under the site and between the moist air at or below 130*F (54.5'C). A Except where otherwise specified. all boundary of the disposal site and any pyrophoric solid is any solid matenal, communications and reports concemng disposal umt. It provides controlled other than one classed as an explosive, the regulations m this part and space to establish monitoring locations which under normal conditions is liable applications filed under them should be to cause fires through fricuan, retained addressed to the Director Office of which are intended to provide an early warnmg of radionuclides movement. and heat from manufacu.nns or prccessms. Nuclear Matenal Safety and Safeguards, to take mitigative measures if needed. In or which can be igmted readily and U.S. Nuclear Regulatory Commission. when ignited bums so vigorously and Washmgton. D.C. 20555. choosmg a disposal site. site charactenstics should be considered in persistently as to create a senous Com=umcations. reports, and terms of the indefinite future and transportation. handling, or disposal applicauens may be delivered in person hazard. !ncluded are spontaneously at the Commission's offices at C17 H evaluated for at least a 500 year time fr combustible and water. reactive Street NW.. Wsshmston. D.C. or 7915 'h..cste Classification and Nect. matenals. Eastert: Avenue. Silver Spr=g. " Site closure and stabilization" means Maryland. au W asa N Disposal of those actions that are taken upon radioactive waste m near. surface completion of operanons that prepare i 61.5 Interpretations. disposal facilines has the following the disposal site for custodial care and Except as specifically authenzed by safety objecuves: protection of de that assure that the disposal site wdl the Commasion m wnung. no general population from releases of remam stable and will not need ongomg mterpretat:on of the meanmg of the radioactivity. protection of individuals active maintenance. regwauons m 2:s part by acy officer or from madvertent mtrusion, and " State" means any State. Temtory, or employee of de Comm:ssion oder $cn Pf0!'Ct' n of individuals dannq possession of the United States. Puerto a wntten mterpretanon by the General perations. A fourth objecuve is to Rico. and the Distnct of Coh.mbia. Counsel wdl be considered bmdmg upon ensure stability of the site after closure. " Stability" means structural stabillity-the Commission, (2) A cornerstone of the system is " Surveillance" means observation of stabihty-stability of the waste and the the disposal site for purposes of visual. I 61.6 Esemptions disposal site so that once emp!sced and detecton of need for mamtenance. The Comm:ssion may, upon covered. the access of water to the custodial care, evidence of in:rusion. apphcation by any mterested person. or wante can be mimmized. Mig ation of and compliance with other license ar.d upon :ts own =t:stn e. grant any radionuchdes is thus ::ummized. long. regulatory requirements, exemption ' rem the requirements of de term active maintenance can be "Tnbal Goveming Body" means a regulations m itus part as :t determmes avoided and potential exposures to Tribal orgamzanon as defined in the is autported by !aw wi.1 not endanger intruders reduced. Whde stability is a \\

5740s. Federal Register / Vcl. 47. No. 248 / Mcnday. DIcembzt 27. 1982 / Rules and Regulations - desirable charactenstic for all waste term performance of the site are not license renewal at which time the much radioacuve waste does not affected. operating history will be reviewed and a contam sufficient amounts ofs

15) Waste that will not decay to levels decision made to permit or deny radionuclides to be of great concern which present an acceptable hazard to contmued operation. When disposal from these standpoints: this waste, an mtruder within 100 years is operations are to cease. the hcensee however, tends to be unstable. such as designated as Class C waste.This waste applies for an amendment to his hcense ordinary trash type westes. If mixed is disposed of at a greater depth than to permit site closure. After final renew with the higher activity waste. their the other classes of waste so that of the hcensee's site closure and detenoration could lead to failure of the subsequent surface activities by an stabihzation plan. the Commission rnay system and permit water to penetrate intruder will not disturb the waste.

the disposal umt and cause problems Where site conditions prevent deeper approve the final acuvities necessary to mth the higher activity waste. disposal. intruder barners such as prepare the disposal site so that ongomg Therefore in order to avoid placmg concrete covers may be used. The active memtenance of the site is not require nents for a stable waste form on effective life of these mtruder barners required dunng the pened of relatively innocuous waste. these should be 500 years. A maximum institutional control wastes have been classed as Class A concentration of radionuclides is (3) Dunng the penod when the fmal waste. The Class A waste will be specified for all wastes so that at the site closure and stabihzation actmties disposed ofin separate disposal units at end of the 500 year penod. remainmg are bemg carned out. the licensee is m a the disposal site. However. Class A radioactivity will be at a level that does disposal site closure phase. Followmg waste that is stable may be mixed with not pose an unacceptable hazard to an that, for a period of 5 years. the hcensee other classes of waste.Those higher intruder or public health and safety. must rematn at the disposal site for a ectmty wastes that should be stable for Waste mth concentrations above these pened of post closure observation and proper disposal are classed as Class B limits is generally unacceptable for mamtenance to assure that the disposal and C waste. To the extent that it is near surface disposal.There may be site is stable and ready for matitutional practicable. Class B and C waste forms some mstances where waste with control. The Commission may approve or containers should be designed to be concentrations greater than permitted shorter or reqmre longer penods if stable,i.e maintain gross physical for C ass C would be acceptable for conditions warrant. At the end of this properties and identity, over 300 years, near surface disposal mth special per ed. the licensee applies for a license For certain radionuclides prone to processing or design. These mil be transfer to the disposal site owner. migration, a tnaximum disposal site evaluated on a case by-case basis. Class inventory based on the charactenstics of C waste must also be stable, (4) After a finding of satisfactory disposal site closure, the Commission the disposal site may be established to (c) De Lcensmg Process. (1) Dunng will transfer the beense to the State or knut potential exposure. the preoperational phase, the potential Federal government that owns the (3)It is possible but unlikely that apphcant goes thragh a process of disposal atte. If the Department of persons might occupy the site in the disp sal site selection by selecting a future and engage in normal pursuits region of interest. exammmg a number Energy is the Federal agency mthout knowmg that they were of possible disposal sites mthm the area admmstenna theland on bahalf of the rsceivmg radiation exposure.These of mterest and narrowmg the choice to Federal government the heense wdl be pzrsons are referred to as inadvertent the proposed site. Through a detailed tenmnated because the Commission intruders. Protection of such intruders investigation of the disposal site lacks regulatory authonty over the cin involve two pnncipal controls: charactenstics the potential applicant Department for this activity. Under the obtams data on which to base an conditions of the transferred hcense. tne mstitutional control over the site after operations by the site owner to ensure analysis of the disposal site's suitability. owner mH carry at a program of that no such occupation or improper use Along mth these data and analyses. the momtonng to assure cont:nued of the site occurs: or. designating which applicant submits other more general satisfactory disposal site performance. information to the Commission in the physical surveillance to restnct access waste could present an unacceptable form of an application for a heense for to the site and carry out mmor custoc:ai nsk to an mtruder, and disposing of this land disposal. The Commission's review acnvities. Durmg this penod. producta e waste m a manner that provides some of the application is in accordance with uses of the land might be permitted if form of intruder barner that is intended admmistrative procedures estabhshed those uses do not affect the stabihty of to prevent contact with the waste. This regulation mcorporates both types of by rule and may involve parucipation by the site and 2:s abihty to meet the affected State governments or Indian performance ooiectives. At :he end of protective controls. tribes. While the proposed disposal site tt e presenbed pened of mstitunonal (4) Institutional control of access to must be owned by a State or the Federal control. the hcense mil be termmated the site is required for up to 100 years. ges ernment before the Commission wdl by the Commission. This permits the disposal of Class A and asue a heense. It mcy be pnvately Class B waste without special owned danng the preeperational phase i 61.s Reporting.recorcheeoing and provisions for mtrusion protection. since if suitable arrangements have been appucation requirements: OMB approvat these classes of waste contain types and made with a State or the Federal not required. quantities of radioisotopes that wdl government to take ownership in fee of The mformation collection decay dunng the 100-year penod and tne land before the beense is issued. reqmremerits contamec m this part wdl present an acceptable hazard to an m D.nna the operational phase. the affect fewer than ten persons. Therefe mtruder. The govermnent landowner hcensee carnes out disposal activmes m under secuan 3506f cH5) of the admmistermg the active institutional accorcance with the requirements of Pacerwork Reduction Act of t960.p : control program has flexibihty m tnis regulation and any conditions on L.96-5111 OMB c!earance.s not contralhng site access which may the Lcense periodically. tne authonty to teomred for these information com mclude allowmg productae uses of the conduct the abose grouno operations re wirements. land provided the integnty and long-anc c;spose of waste will be subiect to a

l Federal Register / Vcl 47. Nr. C / M:ndry, D;cember 27, 1982 / Ruhs and Reguhtic,ns 57487 i St.0 Esgsseres pressemen. (2) Imposition of a civil penalty on the names and addresses of its directors (a) Disenmmation by a Commission licensee or applicant. and pnncipal officers: and licensee, an applicant for a Commission (3) Other enforcement action. (4) If tl e applicant is acting as an licensee, or a contractor or (d) Actions taken by an employer, or agent or representative of another subcontractor of a N==iaaion licensee others, which adversely affect an person in filing the application all or applicant assinst an empicyee for employee may be predicated upon informstien required under this ) engaging in certain protected activities nondiscnminatory grounds. The paragraph must be supplied mth respect i is probabited. Discnmination includes prohibition applies when the adserse to the other person. discharge and other actions that relate action occurs because the employee has (b) Quahfications of the applicant: to compensation. terma, conditions, and engaged in protected awuen.ha (1) The orgamzational structure of the l privileges of employment. The protected employee's engagement in protectes appi; cant, both offsite and onsite. activities are estabh'shed in Section 210 actinties does not automatically rence including a desenption of lines of of the Energy Reorganization Act of him or her immune from discharge or authenty and assignments of 1974. as amended, and in general are disciphne for legitimate reasons or from responsibilities, whether m the form of I related to the administration or adverse action dicNed by non-administrative directives, contract l l enforcement of a requirement imposed prohibited consid stations. pronsions. or otherwise: under the Atomic Energy Act or the (e) Each licent ce and each applicant Energy Reorganization Act. shall post Form NRC-3 " Notice to (2) The technical qualifications. (1) The protected activities include but Employees. on its premises. Posting including traming and expenance, of the-are not limited to--{i) Providing the must be at locations sufficient to permit applicant and members of the Comminaion information about possible employees protected by this section to applicant's staff to enange in the violations of requirements imposed observe a copy on the way to or from proposed actinties. Niinimum traimng under either of the above statutes: their place of work. Prenuses must be aAd experience requirements for [11) Requesting the Commission to posted not later than 30 days after an personnel filling key positions desenbed institute action against his or her application is docketed and remain in Parsgraph 81.11(b)(1) must be employer for the adsunistration or posted while the application is pending prended: enforcement of these reqturements: or before the Commission, dunng the term (3) A desenption of the applicant.s (iii) Testifying in any Commission of the license, and for 30 days follomng peogeep t maintain an adequate m umg. license termination. (2) These activities are protected even Note.- Copies of yorm NRC-3 may be if no formal pKK ding is actually obtsmed by wntma to the Regional

• "U # *** ""*@

initiated as a result of the employee Adnumstrator of the appropnate U.S. Nuclear disposal operations in a safe manner assistance or participation. Regulatory Comnussion Regional Office (c) A desenption of: (3) Thia section has no application to listed in Appendix D. Part ao of this chapter (1)The location of the proposed any employee allegma discnmmation or the Director. Office ofInspecuan and disposal site: prohibited by this section who, actng Enforcement. U.S. Nuclear Regulatory (2) The general character of the without direction fmm his or her maussion. Washingwn. E 20555. proposed actinties: employer (or the employer's agent). Subpart B Lim (3) The types and quantities of deliberately causes a violation of any radioactive waste to be received, requirement of the Energy I st.to centent of appucevon. possessed. and disposed of: Reorgamsation Act of1974. as amended. An application to receive from others. (4) Plans for use of the land disposal or the Atomic Energy Act of1954 as possess and dispose of wastes facility for purposes other than disposal amended. critaining or contaminated mth source, of radioactive wastes: and (b) Any employee who believes that he or she has been discharged or byproduct or special nuclear matenal by (5) The proposed facilities and land dispesal must consist of general equipment. othermse disenmmated agamst by any information. specfic technical (d) Proposed schedules for person for engagmg in the protected information, ins utunonal informa tion, construccon. receipt of waste, and first activities specfied m paragraph (a)(1) of and imancial information as se* fonh m emplacement of waste at the proposed this section may seek a remedy for the i! 6111 through e2.16. An land disposal facility. { discharge or discnnunation through an environmental report prepared in f 61.12 Spectfic tectmical information. adnumstranve proceeding in the accordance with Part 51 of this chapter must accompany the application. The specific techmcal information l Department of Labor. The administrative proceeding must be must include the fellowmg mformauon imtiated within 30 days after an alleged I s t.11 Genermiinformation. needed for demonstration that the violation riccurs by filing a complamt The generalinfor:m ion must include performance objecuves of Subpart C of rileging the *leuon mth the each of the followmg. this part and the applicable techmcal Department of Labor. Employment (a) Identity of the applicant including: requirements of Subpart D of this part Standards Administratiert. Wege and (1) The full name, address, telephone will be met; l Hour Division.The Department of Labor number and desenption of the busmess (a) A dencnption of the natural and l may order reinstatement back pay, and or occupation of the applicant demographic disposal site I compensatory damages. (2)If the applicant is a partnershm. charactenstics as determined by l (c) A violation of paragraph (a) of this the name and address of each partner disposal site selection aod { section by a Commission hcensee, an and the principallocauen where the charactenzation scuvities.The applicant for a Comnussion licensee, or partnership does business; descr'ption must mclude geologic, a contractor or subcontractor of a (3)If the applicant is a corporation or geotechrucal hydrologic, meteoroforpc. Commission licensee or apphcant may an unmcorporated association. (i) the climatologic and biotic features of the be grounds for-state where it is mcorporated or disposal site and vicmity. J 1 (1) Demal. revocauen, or suspension ornamzed and the pnnc: pal location (b) A descr:ption of the design

if the license.

wnere it does bustness, and (u) the features of the land disposai fac:12ty and

57488 Federal Resister / Vd. 47. No. 248 / Mondsy. D:c;mb2r 27.1982 / Rules and Regulations the disposal units. For near. surface receipt. handling, and emplacement of controlled to meet the requirements of esposa!. the desenption must include waste. Audits and managenal controls part 2.0 of this chapter. those design features relateil to must be included. (d) Analyses of the long. term stability in51tration of water:integnty of covers [k) A desenption of the radiation of the disposal site and the need for for disposal units: structural stability of safety program for convol and ongomg act ve maintenance after backfdl. wastes, and covers: contact of momtonng of radioactive effluents to closure must be based upon analyses of wastes with standing water: disposal ensure compliance with the performance active natural processes s'tch as erosion. site dramage: disposal site closure and objective in i 61 A1 of this part and mass wasting. slope failure settlement stabilization: elimmation to the extent occupational radiation exposure to of wastes and backfill, infiltration { practicabl# of long-term disposal site ensure compliance with the through covers over disposal areas and maintenance: medvertent intrusion: requirements of part 20 of this chapter adiacent soils, and surface drainage of occupational exposures: disposal site and to control contamination of the disposal site. The analyses most monitonng: and adequacy of the size of personnel. vehicles, equipment. provide reasonable assurance that there i i the buffer zone for monitonng and buildings. and the disposal site. Both will not be e need for ongomg active prtential nutigauve measures. routme operations and acmdents must mamtenance of the disposal site (c) A desenption of the pnncipal be addressed. The program desenpnon followmg closure. design cntena and their relationship to must include procedures, the performance objectives. instrumental on. facilities, and I (d) A desenption of the design basis eqmpment. The insututionalinfonnation must natural events or phenomena and their relationship to the pnncipal design (1) A description of the environmental include: critena. monitonng program to provide data to (a) A cerufication by the Federal or (e) A description of codes and evaluate potential health and State government which owns the standards which the applicant has environmentalimpacts and the plan for disposal site that the Federal or State applied to the design and which wdl taking corrective measures if migration government is prepared to accept apply to construction of the land of radionuclides is indicated. transfer of the license when the im) A descnption of the Drovisions of i 61.30 are met. and will ) A e c. p ors of the construction administrative procedures that the assume responsibility for custodial care and operation of the land disposal applicant will apply to control activites after site closure and postclosure facdity. The descnption must include as at the land disposal facility, observation and mamtenance. a mimmum the methods of construccon i 61.13 Tecnnical analyses. . (b) Where the proposed disposal site of disposal units: waste emplacement: is on land not owned by the Federal or a the procedures for and areas of waste ne specmc technicalinfonnation State government, the applicant must segregation: types of intruder barners: must also melude the followmg analyses submit evidence that arrangements have onsite traffic and drainage systems: needed to demonstrate that the been made for assumption of ownership survey control program: methods and performance blectives of Subpart C of in fee by the Federal or a State areas of waste storage: and methods to this part will be met: government before the Commission control surface water and groundwater (a) pathways analyzed in issues a license. access tc :he wastes.The desenption demonstratmg protection of the general must also include a desenption of the p pulaton from releases of radioactivity methods to be employed in the handling must include att, sod, groundwater, The financial information must be and disposal of wastes containing surface water. plant uptake, and sufficient to demonstrate that the chelat ng agents or other non-e 6umation zy burrowmg arumals. The financ:al qualifications of &e applicant radicionical substances that might affect analyses must clearly identify and are adequate to carry out the activities meetmg the performance objecnves m differentiate between the roles for which the hcense is sought and meet Subpart C of this part. performed by the natura) disposal site other financial assurance reqmrements (g) A desenption of the disposal site charactenstics and design features m as specified m Subpart E of tr.is part. closure plan. including those design isolating and segregaung the w6stes. features which are intended to facditate The analyses must clearly demonstrate 61.16 Other information-6sposal site closure and to ehmmate that there is reasonable assurance that Dependmg upon the nature of the the need for ongoma active the exposure to humans from the release wastes to be isposed of and the design ramtenance. cf raicacuvity will not exceed the and proposed operation cf the land (h) An identification of the known hmits set forth m I 61At. disposal facihty. additional information riatural resources at the disposal site. Ib) Analyses of the protection of may be requested by the Com=ussion the exploitation of which could result in meriduals from madvertent mtrusion mciudmg the followmg: madvertent intrusion mto the low-level must mciude demonstration that there is (a) physica! secanty measures. if wastes after removal of active reasonable assurance the waste appropriate. Any apphcat2an to receive i institutional control. classification and segregation ano possess special nuclear matenal m I (1) A desenption of the kmd. amount. reqmrements wdl be met and that quantities subject to the reqmrements of l classification and specifications of the adequate barners to madvertent part 73 of this enapter shall demonstrate radioacave matenal proposed to be mtrusion will be provided. how the physical secunty requirements received, possessed. and disposed of at (c! Analyses of the protecnon of of part 73 wdl be met. In deterr.mmg the land disposal fac21ity, miuduals durmg optrations must wheiner receipt and possession wtil be U) A desenption of the quahty control mclude assessments of expected subject to the requirements of part 73. program for the deter =mation of natural esposures due to routme operations and the apphtant shall not consicer the disposal site charactensocs and for hxety accidents durmg hanchna. quantity of special nuc! ear matenal that quality control dunng the design. storace and disposal of waste The has been discosed of. construenon. operation and closure of an.ipes must crovice reasonacie (b) Safety mformation concernma the land disposal facthty and the ass rance mat exposures w1!! be

nticanty. :f appropnate f

Federal Register / Vol. 47. No. 248 / Monday D cember 27. 1982 / Rules and Regulations 57469 (1) Any application to receive and I s1.23 Staneaeos forissuance of a (g) The applicant's proposal for possess special nuclear matenalin Hcones. insutuhonal control provides reasonable quanuties that would be subject to the A license for e receipt, possession. assurance that institutional control will requirements of i 7024. "Cnticahty and disposal of waste containing or be provided for the length of tme found eccident requirements of Part 70 of this contammated with source. special necessary to ensure the findings m chapter shall demonstrate how the nuclear. or byproduct matenal will be paragraphs (b)-(e) of this secuan and requirements of that section will be met, issued by the Comrussion upon findmg that the institutional control meets the unless the appbcant requests an that $e issuance of the license wi!1 not reqmrements of i 61.59. Institutional axemption pursuant to 5 70.24(d). In be inimical to the common defense and reqmrements. determming whether receipt and secunty and wtll not constitute an (b) The mformaton on financial possession would be subject to the unreasonable nsk to the health and assurances meets the requirements of requirements of i 70.24. the applicant safety of the public, and: Subpart E of this part. shall not consider the quantity of special (a) The appbcant is quahfled by ( ) The applicant a physical secunty nuclear matenal that has been disposed mason of trairung and expenence to information provides reasonable carry out the 6sposal cperations assurance that the requirements of Part of, reques edin a manner dat protects 73 of this chapter will be met. insofar as (2) Any application to receive and tea i arid mmmizes danger to Me or they are apphcable to spe::ial nuclear possess special nuclear matenal shall desenbe proposed procedures for ]b) e applicant's proposed disposal matenal Qe puend beh dspond i under the hcense. avoiding accidental cnticality. which site.disposaldesign land disposai (j) The applicant,s enticality safety address both storage of special nuclear facility opereuons (inclu6ng equipment. pr cedures are adequate to protect the l matenal pner to disposal and waste facanes. and procedures;. isposal site public health and safety and provide emplacement for disposal. closure. and postclosure msutuuonal reas naWe assurance dat be control are adequate to protect de I 61.20 Ffhng and dietntwoon of requirements of i 70.24. Cnticality public health and safety in that they accident reqmrements of Part 70 of this provide reasonable assurance that the (a) An app'ication for a license t nder general populanon will be protected chapter,wd be met, macfar as they are apphcable to special nuclear matenal to this part. ano any amendments thereto. from releases of radioactmty as I shall be filed with the Director must be specified in the performance objective in be possessed betore disposal under the heense. signed by the applicant or the 161.41. Protection of the general applicant's authonzed representative populaton from releases of (k) Any additionalinformation under oath, and must consist of I signed radioacuvity. submitted as requested by 8e ongmal and 2 copies. (c) The applicant's proposed disposal Commission pursuant to i 61.16. Other (b) Anoser 85 copies of the site. disposal site design. land 6sposal information, is adequate. application and environmental report facility operations (including equipment. (1) The requirements of Part 51 of this must be retamed by the applicant for facities, and procedures). c2sposal site chapter have been met. distnbunon in accordance with written closure. and postclosure msututional I 61.24 conditions of neensee. instructions from the Director or control are adequate to protect the designee. pubhc health and safety m that they will (a) A, license issued under this part. or (c) fees. Application. amendment. and provide reasonable assurance dat ay n e a mcmdualinadvertent mtruders are J.spection fees applicable to a license d WM'amh w n acco ance with the covenng de receipt and disposal of [ec g g racioacuve wastes m a land disposal Protecuan of mdividuals from through transfer of control of the hcense facility are required by Part 170 of dis to any person, only if the Commission inadvertent mtrusion. (d) The applicant's proposed land finds, after securmg full mformation. '"" E * * #' that the transfer is m accordance with I 61.21 Dimmenon of repetmon. disposal facihty operations, mcludmg eqwpment. facihnes. and procedaes. the provisions of the Atomic Energy Act In its application or environmental are adequate to protect be pubbe health and gives its consent m wntng in the j report de apphcant may incorporate by and safety in that they will provide form of a hcense amendment. reference mformation contamed in reasonacle assurance that de standards (b) The licensee shall submit wntten previous applications, statements, or for radiation protecuan set out m Part 20 statements under oath upon request of reports filed with the Commission if of this cnapter wril be met. e Commission, at any u=e oefore inese references are clear and specif;.c. te) The apphcant s proposed isposal termmanon of me hernse, to enable the sue. esonal sa cem M.d maal Mr. ism m deumu ed.n w 961.22 Updatmg of appucation and facnity operations. cusposal site cicsure. not tne hcense should be =oified, environmental report. and postclosure estatutional control are suspended. or revoked. (a) The application and environmental adequate to protect trie puche heaith (c) The hcense will be transferred to j report must be as complete as possioie and safety m : hat they wt11 provide the site owner aniy on the full i m the light of informatten that is reason.oie assurance cat iong. term unp.ementat:an of de final closure plan I available at the time of submittal staeddy of the cisposed waste and de as approvec by the Commission. (b)The applicant shall supplement its dapesai site will be achiesco anc will eclucma posttiosure copervation and apphcation er environmental repor* m - am:nate to se extent pracncacie tne mamtenance timeiy manner. an necessary to parmit wec for ongoma actae maintenance et !di The hcensee shall be subiect to the tne Commission to review. pncr to the ms;osm sue foCowmc c.csure prosistons of me Atomic Energy Act issuance of a incense. any changes m the 'f) The appi: cant s ce noristrat:o 1 now or nereafter Iri effect. ano to all acuvities proposed to be carnec out or prouces reasonde assurance mat the a.es. regulations, anc creers of ee new mformation regarcmg tne proposed app.;cau.e tecrnical requirerr.ents of Commission. The terms and conctuons sctivities. Succart O cf m;s part w u. Le met of "ne.: cense are su:aect to amene. ment.

i i '57479 Federal Register / Vol. 47. No. 248 / Monday. December 27. 1982 / Rules and Regulations j revision, or modification. by reeson of l 61.25 Changes. at.cordance with Il 6100 and 6128. amendments to or by reason of rules. (a) Except as provided fo in specific Informatmn contamed m previous c regulations and orders issued in license conditmns. the hcensee shall not apphcations. statements or reports filed accordance with the terms of'the Atomic make changes m the fand disposal with the Commission under the license Energy Act. facility or procedures desenbad in the may be mcorporated by reference if the l (e) Any license may be revoked, license application. The beense will references are clear and specific. l suspended or modified in whole or in include conditions restnctmg (c)In any case m which a licensee has I part for any matenal false statement in subsequent changes to tne facility and timely fded an application for renewal I the application or any statement of fact the procedures authonzed which are of a heense. the license for continued I required under Section 182 of the Act. or important to public 82ealth and safety. re ceipt and disposal of heensed because of conditions revealed by any These hcense restnctions will fall into matenals does not expire until the j application or statement of fact or any three categones of descendmg Commission has taken final action on report record.or inspection or other importance to public health and safety the application for renewal. means which would wanant the as fol'aws:(1) those features and [dl in deterr smmg whether a license Commission to refuse to grant a license prece ?ures which may not be changed will be renewed. the Commission will to the onginal application or for failure without (i) 60 days pnor notice to the apply the entena set forth m 16123. to operate the fac:lity in accordance Commission. (ii) 30 days notice of with the terms of the license, or for ariy opportunity for a pnor heanng. and (iii) 9 61.2s Contents of spatication for violation of. or failure to observe any of pnor Commission approval; (2) those caosure. the terms and conditions of the Act. or features and procedures which may not (a) Pnor to final closure of the cny rule, regulation, license or order of be changed without (i) 60 days pnor disposal site, or as otherwise directed I the Commission. notice to the Commisson. and (ii) pnor by the Commission. the appli: ant shall (f) Each person licensed by the Commission approval: and (3) those submit an apphcation to amend the Commission pursuant to the regulations features and proceoutes which may not hcense for closure. This closure in this part shall confine possession and be changed without 60 days pnor notice application must include a final revision use of materials to the locations and to the Commission. fean;res and and specific details of the disposal site purposes authonzed in the license. procedures falling m paragraph (a)(3) of closure plan included as part of the (g) No radioactive waste may be this section may not be changed without license apphcation submitted under disposed of until the Commission has pn r Commission approvalif the i 61.12fg) that mcludes each of the inspected the land disposal facility and Commissmn. after hadng received the followmg: has found it to be in conformance with required notice so orders. (1) Any additional geologic, the description, design, and construction (b) Amendments authonzing site hydrologic. or other disposal site data ci sure. license transfer, or hcense pertment to the long term contamment desenbed in the application for a termmation shall be included m of emplaced radioactive wastes g'.""' paragraph (a)(1) of this section. obtained dunng the operational penod. , [h) The Commission may incorporate (c) The Commission shall provide a (2)The results of tests, expenments. m any license at the time ofissuance or copy of the notice for opportun ty for or other analyses relatmg to backfill of thereafter. by appropriate rule, heanngs provided in paragraph (a)(1) of excavated areas. closure and sealing. regulation or order, additional this section to State and local officials waste migration and mteraction with requirements and conditions with or tribal governing bodies specified in emplacement media. or any ott.er tests. respect to the licensee s receipt-l 2.104(e) c,f Part 2 of this chapter. expenments or analysis pertinent to the possession and disposal of source. special nuclear or byproduct matenal as i 61.26 Amensment of ucense. gE ,g gg waste wi m e Posal W e. it deems appropriate or necessary in (a) An application for amendment of a order to: license must be filed in accordance with (3) Any pr p sed rev:sion of plans fon (1) Promcts the common defense and i 61.20 and shall fully desenbe the o) Decontammation and/or secunty; chanses desired. dismantlement of surface facihties; (2) Protect health or to minimize (b) In determmmg whether an (ii) Backfilhng of excavated areas: or danger to life or property; amendment to a license will be (in) Stabthzation of the disposal sue (3) Require reports and the keeping of approved. the Commission will apply for post. closure care records, and to provide for mspections the entena set forth in i 6123., (4) Any 54nificant new mformation c$ckur of activities under the license that may $ 61.27 Apoucation for renewal or closure. ~

t s o

-te be neceosary or appropnate to tal Any expiration date on a license performance of tne disposal site effectuate the purposes of the Act and apphes only to the above ground (b) Upon review and consideration of regulations thereunder activities and to the authonty to dispose an apphcation to amend the hcense for (i) Any licensee who receives and of waste. Failure to renew the license closure submitted m accordance with possesses special nuclear matenal shall not reheve the hcensee of paragraph (a) of this section. the under this part in quantities that would responsibihty for carrymg out site Commission shallissue an amendment be subject to the requirements of i 7024 closure. postclosure observation and authonzmg closure if there is reasonable of Part 70 of this chapter shall comply transfer of the license to the site owner. assurance that the long-term with the requirements of that section. An application for renewal or an performance objectnes of Subpart C of The licensee shall not consider the apphcation for closure under i 6128 this part mil be met. quantity of special nuclear matenal that must be fded at least 30 da>s pner to has been disposed of. hcense exptration. 9 61.29 Post. closure observation and (j)The authonty to dispose of wastes (b) Apphcations for renewal of a mamtenance. expires on the date stated m the license

1. cense must be filed m accordance with Followma completion of clssure except as provided in i 6127(a) of this li 61 to throush 6116 and i 6100 authonzed in i 6128. the licensee shall l

part. Apphcations for closure must be filed m observe. memtor. and carry out l

red:r:1 Regist:r / Vol. 47. No. S18 / Mortday. December 27. 1982 / Rules and Regulations 57471 necessary maintenance and repairs at Subpart C-Performance Objectives Subpart 0--Technical Requirements the disposal site until the license is for Land Disposal Facilities transferred by the Commissioq in I '1 40 General requwement. eccordance with I 61.30. Responsibility I.and disposal facilities must be sited. ,I $,f,[,,Q [,*,",7 0 7,, for the disposal site must be maintained designed, operated closed. and by the licensee for 5 years. A shorter or controlled after closure so that (a) Disposal site suitability for near-longer time penod for post-closure reasonable assurance exists that surface disposal. observation and maintenance may be exposures to humans are withm the (1) The purpose of this section is to established and approved as part of the limits established in the performance specify the mmimum charactensucs a site closure plan. based on site-specific objectives in il 61.41 through 61.44. disposal site must have to be acceptable i l conditions. for use as a near-surface daposal I 61.41 Protection of the general facility. The pnmary emphasis in i 81.30 Transfer of license, popuistiori from releases of radioactivity, disposal site suitability is given to (a) Following c!c sure and the pened Concentrations of radioactive isolation of wastes, a matter havmg of post-closure observation and matenal which may be released to th, ! ng. term impacts, and to disposal site mamtenance, the licensee may apply for general environment m ground water, features that ensure that the long-term an amendment to transfer the license to surface water. air, soil. olants. or pen rmance objectives of Subpart C of l the disposal site owner. The license arumals must not result'm an annual this part are met. as opposed to short-shall be transferred when the term c nvemence r benents. dose exceeding an equivalent of 25 i Commission finds: milhrems to the whole body.75 (2) The disposal site shall be capable (1)That the closure of the disposal millirems to the thyroid, and 25 of being charactenzed. modeled, site has been made in conformance with millirems to any other organ of any analyzed and momtored. the licensee's dispcsal site closure plan. member of the public. Ressonable effort (3) Within the region or state where es amended anci approved as part of the should be made to maintam releases of the facility is to be located. a disposal hcense: radioactmty in effluents to the general site should be selected so that projected (2) That reasonable assurance has environment as low as is reasonably p pulation growth and future been provided by the licensee that the achievable. developments are not likely to affect the performance objectives of Subpart C of ability of the disposal facility to meet this part are met: $ 61.42 Protection of individuals from the performance objectives of Subpart C (3) That any funds and necessary in*evertent intrus on. of this part. records for care wdl be transferred to Design. operation. and closure of the (4) Areas must be avoided having the disposal site owner: land disposal facility must ensure known natural resources which. if l (4) That the post-closure monitann8 protection of any individual expl ited would result in failure to meet program is operational for inadvertently intrudmg into the disposal the performance objectives of Subpart C implementation by the disposal site site and occupying the site or contacting i this part, owner: and the waste at any time after active (5) The disposal site must be generally (5) That the Federal or State insututional controls over the disposal well dramed and free of areas of government agency which will assume site aie removed. flo ding or frequent ponding. Waste responsibility for institutional control of disposal shall not take place in a 100-the disposal site is prepared to assume $ 61.43 Protection of Individuals durtng year flood plam. cosstal high. hazard responsibility and ensure that the operations. area or wetland. as defined m F.xecuuve institutional requirements found Operations at the land disposal Order 11968. " Floodplain Management nrcessary under i 61.23(g) will be met. facility must be conducted in Guidehnes., (b)[ Reserved) comphance with the standards for (6) Upstream dramage areas must be radiation protection set out m Part 20 of mimmized to decrease the amount of $ s t.31 Term 6 nation of license, this chapter, except for releases of runoff which could erode or mundate tal Followmg any pened of radioactivity in effluents from the land waste disposal umts. institutional control needed to meet the disposal facility which shall be (7) The disposal site must pronde requirements found necessary under governed by I 61.41 of this part. Every sufficient depth to the water table that i 61.03. the licensee may apply for an reasonable effort shall be made to ground water mtrusion. perenmal or amendment to termmate the bcense. mamtam radianon exposures as low as therwise. mto the waste will net occur. (b) This appbcation must be filed, and is reasonably achievable. The Comm:ssion wil: consider an, will be renewed. m accordance with the excepuon to 2.is aquuement to ahw provision of i 6100 and of this section. I 6 t44 StaW of me esposal sua auw Nosal Mw the wein tame d a can (c) A license is iermmated only when be conclusaely shown that disposai see closure. the Comm.ssion tmds: The disposal facihty must be sited. charac:ensucs will result n molecular (11 That the msiitutional control designed used. perated and closed t diffusion bems the predommant means requirements found necessary under acbeu ! npterm stabihty of the of radionuchde movement and the rate i 61.23(gl habe t.een met and disposal s te and to ehmmate to the of mosement will result m the (21 That any additional requirements euen pnchcable the need for ongomg performance oblectives of Subpart C.cf this part bemg met In no case will resultmg from new mformation acaw maenance f the disposal site waste disposai be permitted m the zone developed dunng the mstitutional f H wmg eksm s that @ of fluctuanon of the water table. control penod have been met. and that seenWe mn nne. or mer permanent monuments or markers custoaal can are aquina (8) The hydrogeologic urut used for disposal shall not cischarse ground warnmg agamst mtrusion ha)e been water to the surf ace withm me Jasposal mstalled sue

57472, Feder:1 Register / Vol. 47, No. 248 / Monday, Drcember 27, 1982 / Rules and Regulations J (9) Areas must be avoided where with waste durmg disposal. and the (8) A buffer zone ofland must be tectome processes such as faultmg. contact of percolatmg or standmg water memtamed between any buned waste folding. seismic actrvity, or vulsanism with wastes after disposal. and the disposal site boundarv and may occur with such frequency and (b) Disposal site design for other than beneath the disposed waste. The buffer extert to significantly affect the ability near surface disposal (reserved). Ione shell be of adequate &mensions to of the disposal site to meet the cam out mamnmemal momeg 61.52 Land disposal feciiity oseration performance objectives of Subpart C of activities specified m 6 61.53(d) of this ,n,,,,,,,,,,,,,,,,,,,,, this part, or may preclude defensible part and take rmtigative measures if modehng and prediction of long-term (a)h. ear surface disposal facility needed. peraton and disposal site closure. impacts. (9) Closure and stabdization measures (10) Areas must be avoided where

1) W ' 'd d as an A as set forth m the approsed site closure

, n to i 61 5 s g,gced surface :eologic processes such as mass plan must be carneo out as each w astmg. erosion, slumpmg. landslidmg. from other wastes by placing in disposal or weathermg occur with such frequency units which are sufficiend s'Parated 6sposal une 'e g.. each trench) is filled Y and cos ere-( 0) Actib waste d.sposal operations m spos nso e e te and extent to significantly affect the een abihty of the disposal site to meet the Class A wastes and other wastes will must not have an adverse effect on performance objecuves of Subpart C of not result in the failure to meet the completed closure and stabihzauon this part. or may preclude defensible

measures, modehng and prediction of long-term erformance objectives in Subpart C of thu part. This segregauon is not (11) Only wastes contaming or

'*E"CI8' necessary for Class A wastes if they contammated with radioactive materials lo a d wh te nea b acil t es r meet the stabthty requirements in shall be disposed of at the disposal site. activities could adversely impact the i 61.56(b) of this part. (b) Facihty cperation and disposal site (2) Wastes designated as Class C closure for land disposal facilines other b eciIes f Subpart C of pursuant to I 61.55. must be disposed of than near-surface (reserved). rman e j this part or sigmficantly mask the ejop o the waste i a at i st.s3 Environmental montionng. ""g 8 surface of the cover or must be disposed submitted, the applicant s, application is l (b)DYposals e tab lfty (a) At the time a license of with mtruder barners that are nall have requirements forland disposal other than near-surface (reserved). desw.ned to protect agamst an cenducted a preoperational monitoring inadvertent mtrusion for a least 500 program to provide basic environmental data on the disposal site charactenstics. i 61.51 Disposal site design for land years. OsposaL [3] All wastes shall be disposed of in The applicant shall obtain mformation (a) Disposal site design for near-accordance with the requirements of about the ecology, meteorology, climate. l surface disposal paragraphs (a)(4) through (11) of this hydrology, geology, geochemistry, and l (1) Site design features must be section. seismology of the disposal site. For I directed toward long term isolation and (4) Wastes must be emplaced in a those charactenstics that are subject to l ovoidance of the need for continuing manner tnat mamtains the package reasonal variation. data must cover at active mamtenance after site closure. mtegnty dunng emplacement. minimizes least a twelve month penod. (2) The disposal site design and the void spaces between packages. and (b) The licensee must have plans for l 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 waste of radionuclides would mdicate that the I pizn and lead to disposal site closure packages mu4 be filled with earth or performance objecuves of Subpart C that provides reasonable assurance that other matenas to reduce future may not be met. the performance objecuves of Subpart C. subsidence withm the fill. (c) Dunng the land disposal facility of this part will be met. (6) Waste must be placed and covered site construction and operation. the (3) The disposal site must be designed in a manner that hmits the ra6 anon hcensee shall mamtam a momtonng to complement and improve, where dose rate at the surface of the cover to program. Measurements and appropnate, the abibty of the disposal levels tuat at a mmimum will permit the observations must be made and i site s natural charactenstics to assure hcensee to comply with all provisions of recorded to provide data to evaluate the j that the performance obiectis es of i 20105 of this chapter at the time the potential health and environmental Subpan C of this part will be met. hcense is t ansferred pursuant to i 61.30 impacts durma both the constriction (41 Covers must be cesigned to of trus part. and the operation of the facihty and to mmimize to the extent practicable water n The boundanes and locations of enable the evaluation c:long-term mfiltraton. to direct percolatmg or eacn isposai amt (e g. trencnes; must effects and the need for mitigative surface water away frcm the disposed be accurately located and mapped by measures. The monitonng system must waste, and to resist degradation by me. ins of a iand survey. Near-surface be capable oi providir2 early warmr.g of l surface geologic processes and biotic disposul amts must be merked m such a releasas of radionuchdes from the activity. way tnat the boundanes of each umt disposal s,te before they leave the site (5) Surface features must direct can be eas;!> aefmed Three permanent boundary. surface water dramage away from surver marker control pomts, referenced (d) After the disposal site is closed. 6sposal umts at velocities and to Umted States Geolog: cal Suney the bcensee responsible for post-gra6cnts which will not result in (USGS: or National Geodetic Sune) operational surveillance of ice 6sposal erosion that will require ongomg active 5CSi sunes ccatrei stations must be site shail mamtain a morutormg system mamtenance m the future. eesonsned n :ne si:e to facihtate based on the cperatmg history and the (6) The disposal site must be designed sune)s The USGS or NCS control closure and stabihzation of the cisposal to mmimize o the extent pracucable the stations must prot:ce nm:ontal and site The monitormg system tr.ust be contact of water with waste dunng s erts. tontr;.s as cnecaed agamst capabie of providmg early warmng of storage. the contact of staning water USGSD or NCS mrd bes reaases cf radionuclides from tne i iC_.

Federal Register / Vcl. 47. No. 248 / Monday. Decemb:r 27, 1982 / Rul:s cnd Regulations 57473 e disposal site before they leave the site (iv) Waste that is not generally (iv)If the concentration exceeds the ]

boundary, acceptable for near. surface disposal is value in Column 3 the waste is not j

waste for which waste form and generally acceptable for near. surface Ist.54 Altemative requirementsNe' disposal methods must be different. and disposal.

• • • * *"8 ''* " "

in general more stnngent. than those (v) For wastes i:ontaining mixtures of l The Com:nission may, upon request or specified for Class C waste. In the the nuclides listed in Table 2. the total cn its own initiative, euthorize absence of specific requirements in this concentration shall be determined by l provisions other than those set forth in part. proposals for disposal of this waste the sum of fractions rule desenbed in i j 61.51 through 61.53 for the may be submitted to the Commission for paragraph (a)(7) of this section. segregation and disposal of waste and approval, pursuant to j 61.58 of this for the design and operation of a land part. TAsa 2 disposal facility on a speciSc basis, if it (3) Classification determined by lor g. finds reasonable assurance of lims radionuclides. If radioactive waiste icoynyea ygn ir c mpliance with the performance contains only radionuclides listed in a**wa. objectives of Subpart C of this part. Table 1 classification shall be ' C* ' ! cp r ep te iM.55 Weste clasamcahn. g '."" " ' , 'o l N' N I gi)

1. e c ce tr t n does not tow e as. wen.im : i ren s -

(a) Classification of waste for near exceed 0.1 times the value in Table 1. surface disposal. the waste is Class A. c so m oI n (1) Considerations. Determination of (ii)If the concentration exceeds 0.1 1,,,,,,,,, 3,8 4$ 2 the classification of radioactive waste times the value in Table 1 but coes i.e o o. iso. ooo s, involves two considerations. First. exceed the value in Table 1. the waste is c ' n - ~..- " 800 consideration must be given to the Claas C. 7;,,,,.,,,,,,,.,,,,,,n.,,,,,,..,, concentration of long-lived (iii)If the concentration exceeds the eg gc,,,,, ;.,g c;o,ag. ggg'y radionuclides (and their shorter. lived value in Table 1. the waste is not ..n. m.,. -.. = com.m. pr ecursors) whose potential hazard will generally acceptable for near. surface m'*y""ggg,f*,,",,*,f",,l'". 7 t's ] I persist long after such precautions as disposal. a='am= m,.c ce ae=. institutional controls, improved waste (iv) For wastes containing mixtures of form and deeper disposal have ceased radionuclides listed in Table 1. the total (5) Classification determined by both ta be effective. These precautions delay concentration shall be determined by long-and short. lived radioneciides. If the time when long-lived radionuclides the sum of fractions nile desenbed in radioactive waste contains a mixture of c:uld cause exposures. In addition. the paragraph (a)[7] of this secticn. radionuclides. some of which are listed magnitude of the potential dose is in Table 1. and some of which are listed TAsa 1 limited by the concentration and in Table 2. classification shall be availability of the radionuclides a the c determined as follows: time of exposure. Second. consideration ns.,,,,,,,, (i)If the concerdration of a nuclide must be given to the concentration of listed in Table 1 does not exceed 0.1

=

~~ shorter-lived radionuclides for which times the value listed in Table 1 the _] requirements on institutional controls, c.,( e clast shall be that determined by the waste form, and disposal methods are' c.ia = cs=,m=a "=* 4

• 2 concentration of nuclides listed in Table es

.e a =i. to effective. m %s,,,, oa 2. f2) Classes of waste. (1) Class A waste Te-es.. s (ii)If the concentration of a nuclide is waste that is usually segregated from 1,,,,,.n,,,n,,,.,,, ,,,.,,,,,, X listed in Table 1 exceeds 0.1 times the other waste classes at the disposal site. er, men a= w a noo value listed in Table 1 but does not The physical form and charactenstics of "*f,*]i 1.M exceed the value in Table 1. the waste c, Class A waste mue? meet the minimum shall be Class C. provided the r:quirements set forth in i 61.56(c). If 'ur.= enorma, u P concentration of nuclides listed in Lble Class A waste also meets the stability (4) Classification determined by short. 2 does not exceed the i alue shown in requirements set forth in ! $1.56(b). it is lived radionuclides. If radioactive waste Column 3 of Table 2. not necessary to segt.? gate the waste for does not contain any of the (6) Classification of wastes with disposal. radionuclides listed in Table 1. .&.Jides other than those listed in (ii) Class B waste is waste that must classification shall be determined based Tables 1 and 2. If radioactive waste mIet more ngorous requireraents on on the concentrations shown in Tabla 2. does not contain any nuchdes listed m waste form to ensure stability after However. as specified in paragraph either Table 1 or 2. it is Class A. disposal. The physical form and (a)(8! cf this section. if radioactive (7) The sum of 'he fractions rule for characteristics of Class B waste must waste does not contam any nuclides mixtures of radionuclides. For meet both the mmimum and stabihty listed in mther Table 1 or 2. it is Class A. determmmg classification for waste thst requirements set forth in 161.56. 'il M ihe concentration does not contams a mixture of radionuchdes, it :s (iii) Class C waste is waste that not exceed the value m Column 1. the waste necessary to determine the sum of only must meet more ngorous is Class A. fractions by dividing each nuclide's requirements on waste form to ensure (i.i)If the concentration exceeds the concer.tration by the appropnate limit stability but also requires additional value m Column 1. but does not exceed and addmg the resulting values. The measures at the disposal facility to the value m Column 2. the waste is appropnate limits must all be taken protect agamst ina.ivertent mtrusion. Class B. frorn the :me column of the same taue. The physical form and characteristics of (iii)If the concentration exceeds the The sum of the fracnons for the column C!ase C waste must meet both the value m Column 2. but does not exceed must be less than t.o tf the waste c!ans mmimum and stability requirements set the salue m Column 3. t):e was ts is to be determmed by that colamn. forth m i 61.56. C ass C. F.xample: A waste contams Sr.90 m a

37474 Federal Register / Vd. 47, No. 248 / Monday. DIcember 27, 1982 / Rules and Regulations 4

• • concentration of 50 C1/m* and Cs 137 in mazimum extent practicable the owned in fee by the Federal or a State a concentration of = Ci/m* Since the potential bazard from the non-gcvernment.

concentrations both exceed the values radiologi.al materials. (b) Institutions / control. The land in Column 1. Table 2. they must be (b) The reqmrements 'n this section owner or custodial agency shall carry compared to Column 2 values. For St 90 are mtended to provide stability of the out an institutional control program to fraction 50/150= 0.33: for Cs-137 waste. Stabihty is mtended to ensure physically control access to the disposal fraction. 22/44=0.5; the sum of the that the waste does not structurally site followmg transfer of control of the fractions =0.83. Since the sum is less degrade and affect overall stabdity of disposal site from the disposal site than 1.0. the waste is Class B. the site through slumping. collaps,e. or operator. The institutional control (8) Determination ofwqntreti09 /3 other failure of the disposal umt and program must also include. but not be westes. The concentrat.? '" ? thereby lead to water mfdtration. hmited to. carrymg out an radionuclides may be determmed by Stability is also a factor in hmitmg et.vtronmental monitonng program at indirect methods such as use of scaling exposure to an inadvertent intruder. the disposal site, penodic surveillance. factors which relate the inferred since it provides a recogmzable and minor custodial care. and other concentration of one radionuclides to nondispersible waste. another that is measured. or requirements as determmed by the D) Waste must have structural Commission; and admmistration of radionuclides matenal accountability, if there is reasonable assurance that the stsbury. A structurally stable waste funds to cover the costs for these activities. TS e penod of institutional indirect methods can be correlated with form wdl generally mamtain its physical i dimensions and its form, under the controls will be detennmed by the cciual measurements. The concentration expected disposal conditions such as Comnussion but institutional controls of a radionuclides may be averaged over the volume of the waste, or weight of the wetght of overburden and a,mpution may not be relied upon for more than equipment. the presence of moisture. 100 years followmg transfer of control of waste tf the umts are expressed as and microbial actis '.ty. and internal the disposal site to the owner. nan cunes per gran factors such as radiation effects and g st.se weste Wiaractertseca, che. ' al changes. Structural stabdity SubPart E-Financial Assurances (c) The followmg requirements are can be provided by the waste form I st.61 Apphcant auaufications and minimum requirements for all classes of itself. processmg the waste to a stable assuranews. waste and are intended to facilitate form or placmg the waste in a disposal Each applicant shall show that it handling at the disposal site and provide contamer or structure that provides either possesses the necessary funds or protection of health and safety of stability after disposal. has reasonable assurance of obtaining personnel at the disposal site. (2) Notwithstanding the provisions in the necessary funds. or by a (1) Waste must not be packaged for il 61.56(a) (2) and (3), liquid wastes, or combination of the two. to cover the disposalin careboard or fiberboard wastes contaming liquid, must be estimated costs of conducting cll boxes. converted into a form that contams as hcensed activities over the planned (2) Liquid waste must be solidified or little free standmg and noncorrosive operating life of the project, including packaged in sufficient absorbent liquid as is reasonably achievable. but costs of construction and disposal. matenal to absorb twice the volume of in no case shall the liquid exceed 1% of the liquid, th2 volume of the waste when the waste f 61.62 Fundng for desposal alte closure (3) Solid waste containing liquid shall is in a disposal contamer designed to and stateranon. Contain as little free standing and ensure stability, or 0.5% of the volume of (a) The applicant shall provide noncorrosive liquid as ;s reasonably the waste for waste processed to a assurance that sufficient funds wdl be cch2evable but in no case shall the stable form, available to carry out d2sposal site liquid exceed 1% of the volume. (3) Void spaces within the waste and closure and stabilization. mcludmg: (1) (4) Waste must not be really ca,..,;e between th waste and its packase must Decontacunation or dismantlement of of detocation or of explosive be reduced to the extent practicable. land disposal facihty structures 2 and ( ) decomposition or reaction at normal closure and stabization of the disposal y,,,$7 g,,,,,,,,, pressures and temperatures. or of site so that followmg transfer of the explosive reacucn with water. Each package of waste must be disposal site to the site owner, the need (5) Waste must not contam. or be clearly Inbeled to idenufy whether it is for ongomg active mamtecance is esp.able of generateg. quantities of toxic Class A waste. Class B waste. or class C ehmmated to the extent practicable and gases, vapors, or fumes harmful to waste m accordance with i 61.55. only mmor custodial care. sttvet! lance, persons transportmg. bandling, or 1 61.58 Alternatwo roovirements for waste and momtenng are requird These disposmg of tne waste.This does not etase,tication ana enarsete :stics, assurances shall be based on apply to radioactive gaseous waste The Com:mssien may, i.pon request or Comm:ssion. approved cost estimates packaged in accordance with paragrapn. en its cwn mmatve, authonze otner reflectmg the Commission. approved (a)(7) of th2: section. provisions for the c! ass 6 cation and plan for esposal sue closure and (6) Waste must not be pyrophonc. Pyrophonc matenals contamed in waste charactensucs of waste on a specific stabihzauon. ne appheant s ccst basis. if, after evaluation. of the speede estimates must take tnto account total shall be treated, prepared. and packaged to be nortflammable. enaractensucs of tne was.. isposal capital costs bat would be meurred tf q site. and method of disposal. it fmds an mdependent contractor were hired to j (7) Waste in a gaseous for:n must be packaged at a pressure that does not reasenable assurance of co=phance perf rm de c!csure and stabihzauan j witn tne perfor nance obteceves m exceed 1.5 atmospheres at 20'C. Tctal . b)in order to avoid unnecessary ( Subpart C of ttus part. activity must not exceed 100 cunes per c.aputation anc expense. 6e contamer. i 61.59 Instty monal reovirements. Commihn wil decept fmannal (B) Waste contaimng hacardous. 'a' L:.-d me st.; Disposo; cf surettes that nase been conschoted biological, pathogeme. or infectious rac.o.me w aste recened from c6er witn earmarked financia; c suret) matenal must be trea ed to reduce to the persens rm ce permmed only on :and arrangements estabhsned to :neet i

l Federal Register / Vol. 47. No. 248 / Monday. Dzcember 27, 1982 / Rules and Regulations 57475 requirements of other Federal or State license has been transferred to the site Commission regulations. licensing procedures. potential schedules, and the eg:ncies and/or local govemmg bodies owner. for such decontammation. closure and (g) Financial surety arrangements type and scope of State activities in the stabilization. The Commission Jill generally acceptable to the Commission license review permitted by law. In accept this arrangement only if they are include: surety bonds, cash deposits, addition. staff shall be made available con-idered adequate to satisfy these certificates of deposits, deposits of to consult and cooperate with the State requirements and that the portion of the government secunties. escrow accounts. or tribal governing body in developmg surety which covers the closure of the irrevocable letters or lines of credit. proposals for participation in the license disposal site is clearly identified and trust funds. and combinations of the review. ccmmitted for use m accomplishing above or such other types of th se activities, arrangements as may be approved by { 61.72 CHing of proposais for State and Trtbal parucmation. l [c) The licensee's surety mechanism the Commission. However, self-will be annually reviewed by the insurance. or any arrangement which (a) A State or tribal governing body Commission to assure that sufficient essentially constitutes pledging the whose interest is affected by a near-funds are avadable for completion oi:he assets of the licensee will not satisfy surface disposal facility at the proposed closure plan. assummg that the work the surety requirement for private sector site may submit to the Director a has to be performed by an independent applicants since this provides no proposal for participation in the review additional assurance other than that of a license application. Proposals must contractor, (d) The amount of surety liabuity which already exists through license be submitted within se fo!!owing time should change in accordance with the requirements. periods: (1) For the State in which the dispcsal predicted cost of future closure and 16 e urances for facdity will be located, or any state that stabilization. Factors affectmg closure and stabilization cost estimates include: is member of an interstate compact that inflation: mereases in the amount of la) Pn,or to the issuance of the b.eense. neludes the State in which the disposal the applicant shall provide for facil ty is located. no later than 45 days disturbed land; changes in engmeenng Commission review ant approval a followmg publication m the Federal plans: closure and stabilization that has copy of a binding arrangement. such as Register of the notice of tendenng of an already been accomplished and any a lease, between the applicant and the application submitted under i 61.00. other conditions affectmg costs. This disposal site owner that ensures that (2) For any other State. or for a tnbal wili yield a surety that is at least suffic:ent funds wdl be available t governmg body. no later than 1:0 davs sufficient at all times to cover the costs cover the costs of momtonng and any following publication in the Federal of closure of the disposal units that are required maintenance dunna the Register of the notice of tendenng of an expected to be used before the next mstitutional control penod. The binding application submitted under i 61.20. license renewal. (e)The term of the surety mechanism arrangement will be reviewed (b) Proposals for participation.m the must be open ended unless it can be penedically by the Commission te licensing process must be made in ensure that changes m mflation, wntmg and must be signed by the demonstrated that another arrangement would prov de an e uivalent level of technology and disposal facihty Governor of the State or the official q assurance.This assurance could be operations are reflected in the therwise provided for by State or tnbal arrangements. provided with a surety mechanism (b) Subsequent changes to the binding (c) At a minimum. proposals must law. which is wntten for a specified penod of time (e.g., five years) yet which must be arrangement specified m paragraph (a) contam each of the followmg items of of this section relevant to matitutional automatically renewed unless the party c ntrol shall be submitted to the information: who issues the surety notifies the Commission for approval. (1) A general desenption of how the Commission and the beneficiary (the State or tnbe wishes to participate in site owner) and the pnncipal (the Subpart F-Participatico bv State the licensma process specifically licensee) not less than 90 days pnor to Governments and lodia" Tribes identifying those issues it wishes to the renewal date of its intention not to f'"* - renew. In such a situation the bcensee gat.ro scope, ^ " must submit a replacement surety withm This subpart desenbes o.?chan sms inf reat: n which the State or tnbe 30 days after notification of through which the Cornm:ssion wi;l E""' ~ can ellation. If the licensee fails to impiement a formal reau st from a State W ** A pro,ide a replacement surety acceptable or tnbal aosernment to,articipate in the to the Comm:ssion. the site owner may res tew of a ~.; cense ap;.lication for a .e renew and caWar datn kr cotlect on the onemal surety. led Uscosai facinty Nothmg.n this planned submittels should be meluded. (f) Proof of forfeiture must not be ,c,,. ... ce.xstnied to bar the '31 A description of any work that the necessary to col!ect the surety so inat tri g,, ,2,, em gy f, State or tnbe proposes to perform for . i 3medent Cbmmission the event that the hcensee could net p. ,.4

• • • • MM d *#

f"# provice an acceptable replacement ,ygm.r.e license " M C'" surety withm the req.aed time de w.. e m. acc c. der Federal W A cescr:pt:an of State or *r6a.i surety shall be automatically co!!ecrec ,,,,,,,,,g,, plans to f acihtate local govemment and pnor to its espiration. The cuc.,imv.n desenbed above would have to be 9 ti. 71 Siate anc tricas govemrrient c:t: zen part:c:pation C oc h'tcho"- 10 A prehmmary estimate'of the t) pes cleany stated on any wren estament which !s not open-er'ced and T s' % r* Lev i a S' ate or 'r6al and estent cf m; acts which the State %h N D vctor snail mam-cxpects. should a isposal facity be agreed to by all parties L.a;. n:ct a 4 aff tn discuss located as preposed ttte suren ~ec.anism must amai- - effect sta me,.mre enc m. :v . We or W If desWC. any requests for . cm r.o n eccatonai or mforma.nn services program h.s oeen an :..er- ~ 3nt. app.: cat:!e (semmars puDhC meefinpi or ott:er appres eo D) me CWr.=C a 'O 9 h

57475 Fedatal Register / Vcl. 47. No. 248 / Mond:y. Dscember 27, 1982 / Rules and Raulations

• • actions from the Commission such as (d)If there is a ecnflict between the the first calendar quarter of each year establishment of additional Public Commission's regulations in this part.

for the precedmg yean (2) The reports Document Rooms or exchange of State license condition or other wntten shall include (il specification of the { personnel under the intergovemmental Commission approval or authorization cuantity of each of the pnncipal j Personnel Act. pertaining to the retention penod for the rad.onuchdes released to unrestncted 1 same type of record. the longest areas m liquid and in airborne effluents conun6ee6en aW of retention penod sp scified takes dunng the reecedmg year. (ii) the results precedence. of the environmental momtonng (a) Upon receiprof a proposal (e) Notv* withstanding parugraphs (a) program. (iii) a summary of licensee submitted in accordance with i 61.72. through (d) of this section, copies of disposal unit survey and maintenance the Director shall arrange for a meeting records of the location and tl e quantity activities. (iv) a summary. by waste between the representatives of the State of radioactive wastes contained m the class, of activities and cuantities of er tnbal governing body and the disposal s4te must be transferred upon radionuclides disposed of. (v) any i Commission staff to discuss the license termination to the chief instances in which observed site proposal and to ensure full and effective executive ef the nsa est municipality. characunstics were significantly participation by the State or tnbe in the the chief execut we of the county in different from those desenbed m the Commission's license review. which the facility is located. the county application for a license: and ivil any (b)If requested by a State or tnbal zoning board or lanr2 development and other information the Commission mav governing body, the Director may plannmg agency, the State governor and require. If the cuantities of radioactive' approve all or any part of a proposalif other State. local and Federal matenals released durmg the reportmg the Director determines that governmental agencies as designated by penod. monitonng results, or (1) The proposed activities are within the Commission at the time of license maintenance performed are the scope of Commission statutory termination. sigmficantily different from those responsibility and the type and (f) Following receipt and acceptance expected in the mater als previously magnitude of imoacts which the State or of a shipment of radioactive waste, the reviewed as part of the licenstne action. tnbe may bear are su!Iicient to justify licensee shall record the date of disposal the report must cover this specifically. their participation: and of 'he waste. the location in the disposal (j) Each licensee shall report in (2) The proposed activities will site, the condition of the waste packages accordance with the requirements of ccutribute oroducuvely to the licensing as received. any discrepancies between

review, ma'erials listed on the mamfest and i 7032 cf this chapter.

(c) The decision of the Director will be those received. and any evidence of (k) Anv transfer of byproduct. source. transmitted in.vnting to the governor or leaking or damaged packages or and spec'ial nuclear ma'tenals by the the designated official of the tnbal radiation or contamination levels in licensee is subject to the requirements in excess of limits specified in Department ii 30.41,40.51. and 70.42 of this chapter. governmg body. (d) Participation by a State or indian of Transportation and Commission Byproduct. source and special nuclear matenal means materials as defined in tnbe shall not affect their rights to regulations. The licensee shall bnefly p:rticipate in an adjudicatory heanng as desenbe any repackagmg operatione of these pans, respechej.y provided by Part 2 of this chapter. any of the waste packages ine.luded in ( s1.s1 Tests at tend otsposal facmth the shipment. plus any other information Subpart G-Recoros, Reports, Tests, required by the Commission as a license (a) Each licensee shall perform. or aM inspectbne condition. permit the Commission to perform. any tests as the Commission deems (g) Each h.eensee shall comply with i st.no sneantenanoe of recorna m the safeguards reportmg requirements of appropnate or necesssry for the ed wh Ii 30.55,40.64. 0.53 and 70.54 of this admmistration of the regulations in this (a) Each licensee shall maintain anY chapterif the quantities or activi es of pan, meludmg tesu of: records and make any reports m materials received or transferred exceed (1) Radioactive wastes and facilities connection with the licensed actnities the linuts of these sections. Inventory used for the receipt. storage. treatment. es may be requwed by the conditions of reports required by these sections are hand!bg and disposal of radioactive the bcense or by the rules. regulations, not required for matenals after disposal. wastes. and orders of the Commission. (h) Each licensee authonzed to (2) Radiation detection and (b) kecords which are required by the dispose of radioactive waste received monitonng mstruments. and regulations in this part or by license from other persons shall file a copy of (3) Other equiptnent and devices used conditions must be maintained for 4-its financial report or a t.ertified in connection with the receipt, penod specified by the appropnate financial statement annually with the possession. hand!mg. treatment, storage. regulations in this chapter or by license Commission in order to update the or disposal of racaoactive waste. condition. If a retention penod is not informatic i base for determmmg (b) [ Reserved] ctherwise specified. these records must financial qualifications. b2 ma'i tained and transferred to the (i)(1) Each licensee authonzed to i 61.s2 Commission insesetions of tand I officials specified in paragraph (e) of dispose of waste ms:erials received this section as a condition oflicense frem other persons. pursuant to thit (a) Each licensee shall afford to the I termination unless the Commission part. shall subnut annual reports to the Commission at all reasor able nmes otherwise authonzes their disposidon. approp tate Commission regional office opportunity to mspect zo 'ioactive waste (c) Records which must be maintained shown in Appendix D of part 20 of this not yet disposed of. and tne premises. pursuant to this part may be the enginal chapter. with copies to the Director of eouipment, operations, and facilities m or a reproduced copy or nuctofilm if this the Office ofInspection and we.ich radioactive wa.stes are received. ] reproduced copy or microfiL d capable Enforcement and the Director of the possessed. handled. trea ted. stored. or of producmg copy that is clear and Division of Waste Mannement. disposed of. j legible at the end of the required (JbNRC. Washmgton. D.C. 20555. (b) Each licensee shall make available ) retennon penod. Reports shall be submitted by the end of to the Comnussion for mspection. upon 1

Fed:rd Regist:r / Vol. 47. No. 248 / Monday. December 27. 1982 / Rules and Regulations 574 7 reasonable notice, records kept by it (b) Aftv. the application has been chaoter paragraph (g) of this section pursuant to the regulations m this docketr, each applicant for a license for applies, to the Governor or other chapter. Authonzed representatives of receipt of waste radioactive matenal appropnate official of the State m which the Commission may copy and take from other persons for the purpose of the facility is to be located or the away copies of. for the Commission's commercial disposal by the waste activity is to be conducted and will use any record required to be kept disposallicensee except applicants cause to be published in the Federal pursuant to this part. under Part 61 of this chapter, who must Register a notice of docxeting of the comply with paragraph (g) of this application which states the purpose of f at.s3 vloestsona. section. shall serve a cepy of the the application and specifies the An injunction or other court order apphcation and environmental report. as location at which the proposed activity may be obtained prohibitmg any appropnate. on the chief executive of would be conducted. violation of any provtsion of the Atomic the mumcipality m which the activity is Energy Act of 1954, as at.1 ended. or any to be conducted or,if the activity is not (g) Each application for a license to regulaticn or order issued thereunder. A to be conducted within a municipality receive radioactive waste from other court order may be obtained for the on the chief executive of the county, and persons for disposal under Part 61 of payment of a civil penalty imposed serve a notice of availability of the this chapter and the accompanying pursuant to section 234 of the Act for apphcation or environmental report on environmental report shall be processed violation of section 53. 57. 62. 63. 81. 82. the chief executives of the municipalities in accordance with the prov'.sions of this 101.103.104.107 or 109 of the Act. or or counties which have been identified paragraph. section 206 of Ge Energy Reorgamzation in the application or environmental (1) To allow a determination as to Act of 1974. or any rule. report as the location of all or p, art of the whether the application or The followmg amendments are also alternative sites. containing the environmental report is cumplete and made to existing parts of the regulations followmg information: Docket number of acceptable for docketing, it will be in this chapter. the application: a brief desenprion of the initially treated as a tendered document. proposed site and facility; the location and a copy will be available for public PART 2-RULES OF PRACTICE of the site and facility as pnmanly inspection in the Commission's Public

2. In i 2.101. paragraph (a)(2). (b). and proposed and alternative'y listed; the Document Room 1717 H Street NW.,

(d) are revised and a new (g)is added to name, address. and telephone number of Washmgton. D.C. One oneinal and two read as follows: the applicant s representative who may copies shall be filed to enable this be contacted for further information: determination to be made. I 2.101 Fmng of app 66 cation. notification that a draft environmental (i) Upon receipt of a tendered (a) * *

• impact statement will be issued by the application. the Commission will publists (2) Each application for a license for a Commission and will be made available in the Federal Register notice of the facility or for receipt of waste upon request to the Commission: and filed application and will notify the radioactive matenal from other persons notification that if a request is received governors, legislatures and other for the purpose of commercial disposal from the appropnate chief executive, the appropriate State, county, and municipal by the waste dispeaallicensee will be applicant will transmit a copy of the officials and tnbal governing bodies of assigned a docket number. However, to application and environmental report.

the States and areas containmg or allow a determmation as to whether an and any changes to such documents potentially affected by the activities at application for a construction percut or which affect the alternative site the proposed site and the alternative operatmg license for a production or location. to the executive who makes sites. The Commission will inform these utilization facility is complete and the request. In complying with the officials 1 hat the Commission staff will acce ptable for docketmg. it will be requirements of this paragraph (b) the be available for consultation pursuant to initially treated as a tendered applicant should not make public i 6171 of this chapter. The Federal application after it is received and a distnbution of those pans of the Register notice will note the opportunity copy of the tendered application will be application subject to i 2.790(d). The for mterested persons to submit views available for public inspection in the applicant shall submit to the Director of and comments on the tendered Commis'sion's Public Documem Room. Nuclear Matenal Safety and Safeguards appiscation for consideration by the 1717 H Street NW., Washmgton. J.C. an affidavit that service of the notice of Commission and applicant. The Generally, that determination will be availability of the application or Commission will also notify We U S. made within a pened of thirty (30) days. environmental report has been Bureau of Indiar fairs wnen tnbal However. in selected construction completed along with a list of names governmg bodiet mfied. permit app!ications. the Commission and addresses of those executives upon (ii) The Commisw.. will also post a may decide to determme acceptability whom the notice was served. public notice m a newspaper or on the basis of the techmcal adequacy newsoapers of i;eneral circulation in the of the application as weil as its (d) The Director of Nuclear Reactor affected States and areas summonzmg completeness. In such cases, the Regulation or Director of Nuclear information contamed in the apphcant's Commission. pursuant to i 2.100al. will Matenal Safety and Safeguards..is tendered application and notma the direct that the notice of heanng be appropnate. will give notice of the opportunity to submit views and issued as soon as practicable after the docketmg of the public health and comments. apphcation has been tendered. and the safety, common defense and secunty. (m) When the Director of Nuclear determmation of acceptability will and environmental parts of an Matenal Safety and Safeguarcs generally be made withm a, mod of apphcattor for a heense for a thty or determmes that the tendered document 6 sixty (50) days. For docketir g and other for ret.eipt of waste radioactive.natenal is complete and acceptable for & quire ~nts for appbcations pesuant, from other persons for be purpose of docietmg a docket number will be to Part 61 of this chapter. see paragrapn commercial disposal by the waste assigned and the apphcant will be !g) of this section. d:sposal heensee, escept that for notified of the cetermmation. If it is apphcat: ens pursuant to Part 61 of this determmed that all or any part of the

37473 Federal Resist;r / Vol. 47. No. 248 / Monday. December 27. 1982 / Rules and Regulations ) ' tendered document is mcomplete and by the Director of Nuclear Matenal commercial disposal by the waste therefore not acceptable for processing. Safety and Safeguards. disposal heensee and all apphcations the applicant will be informed of this (4) Amencments to the appbcation for disposal under Part 61 of this chapter 1 determination and the aspect (m which and environmental report snall be filed or for a hcense to receive and possess the document is deficient. and distnbuted and a wntten statement high-level rad.oactive waste at a (:) With respect to any tendered shall be furnished to the Director of geologic repository operations area document that is acceptable for Nuclear Matenal Safety and Safeguards pursuant to Part 60 of this chapter to the dockeung. the applicant will be in the same manner as for the imtlal governor or other appropnate official of requested to (i) submit to the Director of appheation and environmental report. the State and to the cnief executive of Nuclear Matenal Safety and Safeguards (5) The Director of Nuclear Matenal the municipality in which the facihty is such addiuonal copies as the regulations Safety and Safeguards will cause to be to be located or the acuvtty is to be in Parts 61 and 51 of this chapter require, published in the Federal Register a conducted or. if the facility is not to be (til serve a copy of the chief executive of notice of docketmg wnich identifies the located or the activity conducted withm the municipality in which the waste in to State and location of tne proposed a municipality. to the chief executive of be disposed of or,if the waste is not be waste disposal facihty and will give the county (or to the Tnbal orgamzation. be disposed of within a municipality, notice of docketmg to the governor of if it is to be so located or conducted serve a copy on the chief executive of that State and otner officials listed in withm an Indian reservation). the county m which the waste is to oe paragraph (g)(3) of this section and. in a

5. Section 2.105(a)(2) is revised to read disposed of. (iii) make direct distnbution reasonable pened thereafter, publish m as follows:

of additonal cop;es to Federal. State, the Federal Register a notice pursuant to Indian Tnbe and local offictals in i 2.105 offenng opportunity to request a i 2.tos Notice of proposed action. accordance with the requirements of heanng to the applicant and other (a) * *

• this chapter and wntten instnictions affected persons.

(2) Alicense for receipt of waste from the Director of Nuclear Material

3. Section 2.103(a)is revised to read as radioactive matenal from other persons Safety and Safeguards. and (iv) serve a follows:

for the purpose of.:ommercial disposal notice of availabihty of the application i 2.t03 Action en spMaattons for by the waste dispo dllicensee. All and environmental report on the chief byproduct. source, suc6al nuclear material, licenses issued unde: Part 61 of this executives or governing bodies of the and opeastor licenses. chapter shall be so r.;ticed, municipalities or counties which have (a)If the Director of Nuclear Reactor been identified in the application and Regulation or the Director of Nuclear

6. Section 2.106 is amended by adding '

environmental report as the location of Matenal Safety and Safeguards. as a new paragraph (d) to read as follows: all or part of the alternative sites tf appropnate. finds that an application for copies are not distnbuted under a byproduct. source. special nuclear 9 2.106 Nouce of issuanca paragraph (g)(2)(lii) of this section to the matenal, or operator license complies executives or bodies. All distnbuted with the requirements of the Act the (d) The Dimeter of Nuclear Matenal copies shall be completely assembled Energy Reorganization Act, and this Safety and Safeguards will also cause to documents identified by docket number. chapter. he will issue a license. If the be published in the Ferleral Register Subsequently distnbuted amendments, license is for a facility, or for receipt of notice af, and willinfo^rm the State and however. may include revised pages to waste radioactive matenal from other local officials or tnbal governmg body previous submittals and. in such cases

• persons for the purpose of commercial specified in i 2.104(e) of any licensing the recipients will be responsible for disposal by the waste disposallicensee, action with respect to a license to inserting the revised pages. In complyin8 or if it is to receive and possess high-receive radioactive waste from other with the requirements of paragraph (g) level radioactive waste at a Feologic persons for disposal under Part 61 of of this section the applicant shall not reposttery operations area pursuant to this chapter or $e amendment of such a maxe pubhc distnbution or tnose parts Part 60 of this chapter the Director of license for which a notice of proposed of the application subject to 17 790(d)-

Nuclear Reactor Regulation or the action has been previously published. (3) The tendered document will be Director cf Nuclear Matenal Safety and

7. A new Secton 2.765 is added to formally docketed upon receipt by the Safecuards, as appropnate. will inform read as follows:

Director of Nuclear Matenal Safety and ee State, tnbal and local officiais Safeguards of the required additional specified in 12.104f e) cf the issuance of i 2.765 Immeciate effectiveness of inetial copies. Distnbution of the additional the hcen*e. For notice of issuance oectsma o<ecung lasuance or amenement f ticenses under Part 61 of this enaptsr. copies shall be deemed to be complete requirements forlicenses issued as of the time the copies are depos;ted pursuant to Part 61 of this chapter, see An intial decision directmg the m the mail or with a carner prepaid for i MONdi of tnis part. issuance of a heense under Part 61 of delivery to the designated addressees. this chapter (relatmg to land disposal of The date of docketmg shall be the date

4. Secuon 2.1Wel12 revised to read as radioactive waste) or any amendment to when the required copies are received fo!}ows; such a heense authonzmg actions which by the Director of Nuclear Material may s:gmficantly affect the health and Safety and Safeguards Within ten (10)

I 2.104 Notice of heanng. safety of the public, will become days after docketing, the applicant shall effecuse only upon order of the submit to the Director of Nuclear (e) The Secretary will give timely Commission.The Director of Nuclear ~ Matenal Safety and Ssfeguards a notice of the heanng to all parties and to Matens.1 Safety and Safeguards may not written statement that distnbution of the other persons, if any. entitled by law to issue a hcense under Part 61 of this additional copies to Federal. State, nonce. The Secretary will transmit a chapter. or any amendment t: such a Indian Tribe. and local officials has notice of heanng on an application for a heense which may sigmficantly affect been completed m accordance with facihty bcense or for a hcense for the health and safety of tne pubhc. until requirements of thii section and wntten r2ceipt of waste radioactive matenal expressly authonzed to do so by the instn..:tions furnished to the apphc:nt from other persons (or the purpose of Commission. j

Federal Resister / Vol. 47. No. 248 / Monday. Decemb:r 27. 1982 / Rules and Raulations 57479 ,b a

1. ART IS-NOTICES. INSTRUCTIONS quantity: the tutal radioactivity: and the equivalent documentation from the AND REPORTS TO WORKERS; pnncipal chemical form.The collector:

INSPECTIONS solidification agent must be specified. (6) Include one copy of the manifest Waste contaimtg more than 0.1% with the shipment: 919J [Amendedl chelatmg agents by weight must be (7) Retam a copy of the mamfest and

8. Section 19.2 is amended by adding identified and the weight percentage of documentation of acknowledgement of "St." following "40, 60."

the chelating agent estimated. Wastes receipt as the record of transfer of classified as Class A. Class B. or Class licensed material as required by Parts i 19.3 [Amenced! C in i 61.55 of this chapter must be 30,40. an-170 of this chapter: and.

9. In i 19.3 paragraph (d).is amended clearly identified as such in the (8) For any shipments or any part of a by adding "61. following "40,60.

manifest.The total quantity of the shipment for which acknowledgement of radionuclides H-3. C-14. Tc-99 and I-receipt has not been received withm the FART 20--STANDARDS FOR 129 must be shown. The mamiest times set forth in this section, conduct PROTECTION AGAINST RADIATION required by this paragraph may be an mvestigation in accordance with 920.2 [ Amended) shipping papers used to meet paragraph (h) of this section.

10. Section 20.2 is amended by adding Department of Transportation or (e) Any waste collector licensee who "61." following "40, 60."

Environmental Protection Agency handles only prepackaged waste shall: regulations or requirements of the (1) Acknowledge receipt of the waste i 20.3 fAmendedl receiver. provided all the required from the generator within one week of

11. In 120.3. paragraph (a)(9) is information is included. Copies of receipt by returnmg a signed copy of the amended by adding "81." followmg "40.

mamfests required by this section may mamfest or equivalent documentation: 60." be legible ca: bon copies or legible (2) Prepare a new mamfest to reflect

12. In i 20.301 paragraph (a)is photocopies.

consolidated shipments; the new cmended by adding "61." folicwing "40. (c) Each manifest must include a manifest shall serve as a lists or index 60." and paragraph (b) is revised to read cernfication by the waste generator that for the detailed generator rr esfests. cs follows: the transported materials are properly Copies of the generator mamiests shall classified, desenbed. packaged marked. be a part of the new mamfest.The waste ,3,3, and labeled and are in proper condition collector may prepare a new mamfest for transportation according to the without attachmg the generator (b) As authonzed under i 20.302 or applicable regulations of the manifesta. provided the new manifest P rt 61 of this chapter; or Department of Transpor*ation and the contains for each package t'e Commission. An authorized information specified in paragraph (b) of representative of the waste generator this section.The collector licensee shall 120J02 W endedl shall sign and date the mamfest. certify that nothing has been done to the rd3 ah .s (d) Any generating licensee who waste which would invalidate the d para ean en ra ache wasa m a land generaton cernkanom redesignated as paragraph (b). disposal facility or a licensed waste (3) Forward a copy of the new

14. A new l 20.311 ts added to read as collector shall comply with the manifest to the land disposal facility fdlU".

requirements m paragraphs (d)(1) operator at the ume of shipment: l l 20.311 Transfer for disposal and through (8) of this section. Any (4) Include the new manifest with the generating licensee who transfers waste shipment to the disposal site: manifeeta. (a) Purpose.The requiretsents of this to a licensed waste processor who treats (5) Retain a copy of the manifest and secton are designed to control transfers or repackages waste shall comply with documentation of acknowledgement of of radioactive waste intended for the requiremen's of paragraphs (d)(4) receipt as the record of transfer of disposal at a land disposal facility and through (B) of this secton. A licensee licensed matenal se required by Parts establish a mamfest tracking system and shall:

30. 40. and 70 of this chapter, and retam supplement existing requirements (1) Prepare all wastes so that the information from generator mamfests concerning transfers and recordkeeping waste is classified according to I 61.55 until disposition is authonzed by the for such wastes.The reporting and and meets the waste charactenstics Comnussion; ana, recordkeeping requirements contained requirements in i 61.56 of this chapten (6) For any shipments or any part of a in this section have been approved by (2)1.abel each packege of waste to shipment for which acknuwiedgement of the Office of Management and Budget:

identify whether it is Class A waste. receipt is not received withm the umes OMB approval No. 31504014. Class B waste. or Class C waste. m set forth in this section. conduct an (b) Each shipment of radioactive accordance with i 61.55 of this chapter: investigation m accordance with wasta to a licensedland disposal facility (3) Conduct a quality control program paragraph th) of this section. must be accompanied by a shipmmt to assure compliance with 1161.55 and (f) Any licensed waste processor who mamfest that contams the name. 61.56 of this enapten the program must treats or repackages wastes shall: Eddress. and telephone number of the include management evaluat2cn of (1) Acknowledge receipt of the waste person generating the waste. The audits; from the generator withm one week of mamiest shall also inclutie the name. (4) Prepare shipping mamfests to meet receipt by returnmg a signed copy of the address and telephone number or the the requiremems of Il 20.311 [b) and (c) mamfest or equivalent documentation: I name and EPA hazardous waste of this part: (2) Prepare a new mamfest that meets identification number of the person (5) Forward a copy of the mamfest to the requirements of paragraphs Ib) and transporting the waste to the land the intenced recipient. at the time of (c) of this section. Preparation of the disposal facility. The manifest must also shipment: or deliver to a coilector at the new manifest reflects that the processor indicate as completely as practicable: a time tne waste :s couected obtaming is responsible for the waste; physice'. desenption of the waste: the acxnow.ecgement of receipt in the form (3) Prepare all wastes ' that the volume; radionuclides identity and of a s::mec copy of the mamfest or waste is classified accorceg to i 6155

red;ral Registr / Vol. 47. No. 248 / Monday. Dzcember 27, 1982 / Rules arci Ruulations e $7430 -g'" gs thr. waste characteristics (21 Be traced end reported. The PART 30-RULES OF GENERAL s and mements m i 61.56 of this chapter; investigation shall melude tracmg the APPLICABILITY TO DOMESTIC f'h"j Label each package of waste to shipment and filmg a report with the LICENSING OF BYPRODUCT henofy whether it is Class A waste. nearest Commission Regional Office MATERIAL d ass B waste, or Class C wane, in listed in Appendix D of ttus part. Each

20. A new paragraph (d)is added to accordance with il 61.55 and 61.57 of licensee who conducts a trace i 3011 to read as follows:

inis enapten investigation shall file a wntten report (5) Conduct a quality control program with the nearest Commission's Remonal g 30.11 specific exemptions. ' '[of'th$s ffice within 2 weeks of completion of pte The prog a 1 the mvestigation. te) Except as specifically provided in SClude management evaluation of

15. In i 20.401, paragraphs (b) and Part 61 of this chapter. any hcensee is

' f6 F'orward a copy of the new (c)(3) are revised to read as follows-exempt from the requirem'ents of this nifest to the disposal site operator or part to the extent that its actaittes are f 20.a01 Recorcs of sumysas6at% subject to the requirements of Part 61 of ste collector at the time of shipment, m nitonng, ano cisposat this chaoter. r dehver to a collector at the time the waste is collected, obtaining

21. In i 30.32 paracraph (f)is acknowledgement of receipt in the form (b) Each licensee shall maintain amended to read as follows-of a signed copy of the manifest or records in t.he same umts used ;n this equivalent documentation by the part, showmg the results of surveys f 3 33

*"*"'",'D'C""**"*"' co!!ector: requtred by 120.001(b). momtormg (7) Include the new manifest with the required by Il 20.005(b) and 20.005(c). !f) An application for a hcense to sh:pment and d.sposals made under il 20.302. receive and possess byproduct material (d) Retain copies of onginal manifests 20.303. removed i 20.334.5 and Part 61 of for the conduct of any activity which the Commission determmes wn! and new mamfests and documentation nis chapter. of ackriowledgement of receipt as the significantly affect the quahty of the (c)... environment shall be filed at least 9 record of transfer oflicensed matenal required by Parts 30. 40 and 70 of this (3) Records of disposal of licensed months pnor to commencement of chapten and matenals made pursuant to il 20.302, construction of the plant or facility in (9) For any shipment or part of a 2U.303. removed 100.304.' and Part 61 of wmch the activity will oe conducted and shipment for which acknowledgement is this enapter are to be mamtamed until shall be accomcamed by any not received with2n the times set forth in the C mmission authonzes their Environmental Report required pursuar:t this section. conduct an investigation in d:sposinon. to Part 51 of this cnapter.

20. In i 30.33. paragrapn (a)(5) is accordance with paragraph (h) of this revised to read as follows:

section.

16. Section 20.408 is amended by (g) The land disposal facility operator adding a new paragraph (a)(7) to read as 5 30.33 Generai requirements for issuance shall:

fouows: of specine Heenses. (1) Acknowledge receipt of the waste (a)* *

• within one week of receipt by returmn8 120. ace Aeports of personnelmonitonng (5)In the case of an appheation for a a signed copy of the manifest or on termmation of empioyment or wort.

equivalent documentation to the license to receive and possess [a),,, byproduct matenal for the conduct of shipper.The shipper to be nottfied is the heensee who last possessed the waste (7) Receive radioactive waste frem any activity which the Commission and transferred the waste to the ciner persons for disposal under Part 61 determmes will sq.ntficantly affect the operator. The returned copy of the of th:s chapter. quainy of the environment, the: Director of Nut! ear Matenal Safety and mamfest or equivalent documentation shall indicate any discrepancies Safecuerds or his designee. before . between matenals hsted on the mamfest PART 21-REPORTING OF DEFECTS commencement of construcuen o' the and matenals received: AND NONCOMPLIANCE

. ant or fac

hty

n which the act:vity (2) Maintam copies of au completed w J! De conducted. on the casts of mamfests or equivalent documentation 1 21.2 I Arnended) mictmation fded and es aiu.hcns made until the Commission auttonzes thetr

Secuan 212 is arrended by pursuant to Part 51 of in

s cnapter, n s disposition; and e.e.te s 61 ' af ter '40. 60J m 'ooth the concluded. after w e:shm; the (31 Nottfy the sh:pper (i.e., the

! m m., second sentences environmental. econom.c. tecnn. cal. anc generator, the collector, or processor) other benefus agamst enutenmental and the Director of the nearest

13 i Amencect costs and conscerm; as ai.ab.e anarnautes. :nat the acnon caiied fer is Commission Regional Office hsted m u h i: 3 ;aracra;ns (alt:1. (a-Appendix D of tms part when any 3 a ;....: W are amended bv the issuance of tne prepcsea hcense.

sh:pment or part of a shipment has not ...g g."50 60; we any appropnate concmons to arnved withm 60 days after the adsance pic:ect enuronmentai s.iues. manifest was recetved. t 21 I t : Amenced) Commencement of ConsZ.Cuon pnot to (h) Any sh:pment or part of a wc n 2: 01 is amended by suun conclusion shad be grounds fu shipment for which acknowledgement is c of a hcense ta receae and f.er 50.60~ :n not received withm the times set forth m cc5sess o,::rocuct ;.atena, m sac.i in;s section. must; p aat cr tac:.:ty As usec in tms (1) Be msest: gated by the shipper :f

ract.;

n tne term comnwnecment

' ~,,. cntruc :cn" means ans c. ear.n:: ai trse snipper nas not recened not:ficanon ^ of rece:pt witnm :0 da> s after transfer. s. .. %,3, g,3, y.,. x,. es. excav. ton. or otner sa::s: anna; and

• * * ~

2 ';;n !nat wowo aoserse.) alicci:ne

o Federal Registir / Vol. 47. No. 248 / Monday, D:cember 27, 1982 / Rules and Resrulations 57481 .O avironment of a site.The term does not called for is the issuance of the

29. In i 70.21. paragraph (f) is revised mean site exploration necessary roads proposed license, with any appropriate to read as follows; f r site exploration, borings to conditions to protect environmental drtermine foundation conditions, or values. Commencement of construction I7aat mag.

other preconstruction momtonng or prior to such a conclusion shall be 1: sting to establish background grounds for denial of a license to (f) An application for a license to information related to the suitability of possess and use source and byproduct possens and use special nuclear mathial the site or the protection of matenalin such plant or facility. As for processmg and fuel fabncation. environmental values. used in this paragraph the term scrap recovery or conversion of uraniurn " commencement of construction" means hexafluonde. or for the conduct of any any cleanns of land. excavation. or other activity which the Commission PART 40-DOMESTIC UCENSING OF other substantial action that would determines will significantly affect the SOURCE MATERIAL adversely affect the environment of a quality of the enytronment shall be filed site. The term does not mean site at least 9 months pnor to

23. In 140.14 a new paragraph (d)is ra on c sa road for added to read as follows:

commencement of construction of the plant or facdit) in which the activity i 40.14 Cpvfle exemptions. foundation conditions or other " and dad be preconstnution momtoring or testing te accompamed by an Environmental a a (d) Except as specifically provided in estcblish background information Report required under Part 51 of this Part 61 of this chapter any licensee is related to the suitability of the site or chapter. exempt from the requirements of this the protection of environmental values. part to the extent that its activities are subject to the requirements of Part 61 of

30. In i 70.23. paragraph (a)(7) is this chapter.

PART 51-LICENSING AND revised to read as follows:

24. In i 40.31, paragraph (f) is revised REGULATORY POLICY AND to read as follows:

PROCEDURES FOR ENVIRONMENTAL 1 70.23 Requirements for the approval of PROTECTION app 6kations. j 40.31 Appl 6 cations for specific ticenses. I*)...

26. In 151.5. paragraphs (a)(6) and (7) Where the proposed activity is (f) An application for a license to (b)(4)(iii) are revised. paragraph (b)(6) is possess and use source matecal for amended by inserting "61" following processing cnd fuel fabncation, scrap uramum mdling, production of uranium "50. 60.", and (d)(3) is amended by recovery, conversion of uramum hexafiuonde, or for the conduct of any in9erting "61" followmg "50. 60." The hexafluonde or any other activity which the Comnussion determines will other activity which the Commission revised paragraphs read as follows:

sigmficantly affect the quality of the determines wd! significantly affect the i 51.5 Actfuns requiring preparation of environment, the Director of Nuclear quality of the environme.it shall be filed '"##"**"**'*'****** **" n'98tN' Matena! Safety and Safeguards or his at least 9 months Prior to declarations, environmental impac' t designee. before commencement ot' commencement of construction of the appraisats: actions esetuded. constmetton of the plant or facility,m plant or facility in which the activity f6 Issuance of a license authonzing which the activity will be conducted. on will be conducted and shall be the basis of information filed and accompamed by any Enytronmental receipt and disposal of radioactive eva a ns ma e a art M d Report required pursuant to Part 51 of waste from c her persons under Part 61 this chapter. has concluded, after this chapter. of this chapter. weighing the environmental. economic. technical, and other benefits against

25. !n i 40.32. paragraph (e) is revised (b) * *

• environmental costs and considering to read as follows:

Iy.., avadable alternatives, that the action 5 40.32 General requirements for issuance (iii) Authonzing receipt and disposal called for is the issuance of the et specific tecenses. of radioactive waste from other persons proposed license. with any appropnate under Part 61 of this chapter. conditions to protect environmental (e)In the case of an application for a values. Commencement of construction license to possess and use source and 9 51.40 [Amendedj pnor to such conclusions shall be byproduct material for uranium mdling, grounds for demal to possess and use .e, In i 51.40. paragraph (c) is production of uramum hexafluonde. or specia1 mac1 ear matena1in such p1 ant or for the conduct of any other activity amended by msertmg "61" after "30. 40.a facdity. As used m this paragraph the which the Commission determines will PART 70-DOMESTIC LICENSING OF term " commencement of construction" significantly affect the quality of the SPECIAL NUCLEAR MATERIAL means any cleanng cf land. excavation. environment. the Director of liuclear Matenal Safety and Safeguards or his

8. In 170.14. a new paragraph (d) is designee. before commencement of added to read as follows:

site. The term does not mean site construction of the plant or facility in exploration. necessary roads for site which the activity wdl be conducted. on f 70.14 Specific exemptions. exploration, bonngs to determme the basis o'f mformation filed and f undation conditions, or other evaluations made pursuant to Part 51 of (d) Except as specifically provided in this chapter has concluded, after part 61 of this chapter. any licensee is preconstruction morutonng or testmg to weighma the environmental. economic. exempt from the requirements of the establish background mformation tachmcal and other benefits agamst regulations m this part to the extent that related to the suitabdity of the site or environmental ecsts and considenng its activities are subiect to the the protection of environmental values. avadable alternatives, that the* action requirements of Part 61 of this chapter.

cy Feders! Register / Vol. 47. Ns. 248 / Monday, neember 27, 1982 l' Flu!ss and Regulations $7482 -e l k hh i _ comp etes or ma es w et er or not n FART 73--PHYS! CAL PROTECTION OF PLANTS AND MATERIALS coniuncuan with a license applicat;on - en file or whicn may be. filed.

31. In i 73.1. paragraph (b)(1)(iii) is -

( Amendments to all par's are issued pursuant k sevised to read se follows: to citations of authonry presently codihed or. J73.1 Purpose and scope, m the case of 10 CFR Part St. as set out after the list of sections m tne new Part 611 (b) * *

• Dated at Washmeton. D C. this 9th day of December.1982.

{3).... . (iii) the physical protection of spe:ial-For the U.S. Nuclear Regulatory

nuclear matenal by any person wno.

Commission. [ pursuant to the regulations in Part 61 or Samuel l. Chilk. 70 of this chap;er, possesses or uses at Secrere.y of the Commisswn. any site or contiguous sites subject to to cx a2-nwi F ke 12.zw tes em the control by the licensee. formula sw=c coog ren,.. quanuties of strategic special nuclear matenal or special nuclear material of moderate s'rategic significance or special nuclear matenal of low strategic sigmfacance. PART 170-FEES FOR FActLITIES AND MATERIALS LIC3NSES AND CTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954; AS AMENDED

32. Section 170.:is revised to read as follows; i 170.2 Scope.

Except for persons who apply for or ~ hold the permits. licenses.. r approvals exempted in i 170.11 the regulations in this part apply to a person who is an applicant for. or holder of, a specific byproduct matenallicense issued pursuant to Parts 30 and 32-35 of this chapter, a specific sourca material license issued pur:uant to Part 40 of this . chapter, a specific materials license issued under Part 61 of this chapter, a specific special nuclear matenal license h sued pursuant to Part 70 of this chapter, a specific license for the storage of spent fuelissued pursuant to Part 72 of this Chapter, a specific approval of spent fuel casks and shipptng containers issued pursuant to Part 71 of this chapter, a specific request for approval of sealed ources and devices containmg byproduct material. source material. or special nuclear matenal. or a producuan or utilization facility construct:on permit and operating license issued pursuant to Part 50 of this chapter, to routme safety and safeguards mspections of a licensed person. to a person who applies for approval of a reference standardized design of a nuclear steam supply system or balanca of plant. for review of a. - facihty sit pnor to the submission of an application for a construction permit for review of an mdependent spent fuel storage mstallstion pursuant to Part 72 of this chapter and for a special project review which tne Con:nission

m c> -ITD'/ HONORABLE BOEHLERT/6/12/89 i The Honorable Sherwood Boehlert { United States House of l Representatives Washington, DC 20515

Dear Congressman Boehlert:

In your June 1,1989 letter to Mr. Tom Combs of my staff, you asked 1 several questions raised by your constituents concerning the siting process that will eventually determine where New York's Low-level Radioactive Waste t disposal facility will be placed. Enclosed, please find listed each of your questions and our response. If we may be of further assistance, please let us kncw. I Sincerely, h vi 'e,Dd,etor JI ~ John C. Brad Congressio Affairs A Office of. governmental and n 1 s)c7g)7 y 's k-Publif' Affairs

Enclosure:

As stated Distribution: (EDO 0004534) Central File # 409.33 DCool RES HPeterson, RES ZRosztoczy, RES IIMSS Dir.0ff. rf RBangart, LLWM MBell, LLWM JSurmeier, LLTB PLohaus, LLOB JAustin, LLRB JGreeves,)LLWM EDO rf ED0 (4534 TCombs, GPA/CA JBradburne,GPA/0CA SECY RBernero, D0 HThorrpson, DEDS JMapes, OGC VMiller, GPA LPerson, LLOB MDunkelman JJones, LLOB r/f JJones, LLOB t/f CJenkins, NMSS JLepre, LLWM NMSS r/f PDR YES /x / EBeckjord, RES HDenton, GPA BMorris, RES SECY 89-0528 PDR NO / / Category: Proprietary L/ or CF Only / /

TEdit ACNW YES /X /

NO / /

EKraus

06/ /89 SUBACT ABSTRACT:

ANSWERS TO LLW QUESTIONS FROM REP BOEhu RT OF NY

• See Previous Concurrence OFC :LLOB*

LLOB*

LLOB*

GPA*

0GC*

RE5*

RE5*

NAME:MDunkelman/jj

L3 rson :PLohaus :VMiller :JMapes

HPeterson:DCool DATE:06/14/89

06/15/89 :06/15/89 :06/15/89 :06/16/89 :06/15/89 :06/15/89

/ ./ . 01.d. 7M1 -. OFC :RE5*

RE5*

LLWM*

LLWM*

NM55 '

DEDS

GPA/

-/ /'D [L NAME:ZRosztoczy:BMorris

MBell

JGreeves :RBernero :.

Ipson:JBra urne: s .s..................4t -~ -- ~ - - - s ac - Anssa - on a

. _ ~ - - .-~~Y.' ESW000 BO,EH'LERT w:s.unaton oriEE: 1127 LONGWORTH NOUSE OFFICI BulLDING

A '

2STM DisYatcT, New YonK r WASHINGTON, DC 20515 (202) 225-3665 . Couuttttss. SCIENCE, SPACE, AND TECHNOLOGY ' PUBLIC WORKS AND TRANSPORTATION ~ CE"T84 0*CE: g ALEXANDER PIRNlt FEDERAL BUILDING SELECT COMMITTEE ON AGING 10 BROAD $7REET NORTHEAST MlDWEST CONGRESSIONAL h h 315 193-8 6 COALFION U S ^!','O ATION INTERPARLIAMENTARY UNION TOLL FREE: 1-800-235-2525 MasfAngton, BC 20515 June 1, 1989 1 Mr. Tom combs Congressional Affairs officer U.S. Nuclear Regulatory Commission Washington, DC 20555 g

Dear Tom:

A number of questienc have been raised by my constituents concerning. the siting process that will eventually determine where New York's Low-Level Radioactive Waste (LLRW) disposal facility will be placed. I would appreciate if you could respond to the abbreviated list of those questions, which I have attached. Thank you for your continued assistance in furthering my understanding of.this issue. With warmest regards, j S'

ely, W

Sherwoo tehlert Member ongress SB:th Enclosure I $(h 1

7 Y s r g,k, e 1, s / >.Es:fon With regard to the yearly allowable relense limits establisi.r.c by 14. NRC, what studies are the basis for these stPndards? Please provide the documentatfor of the standards themselves and the studies on whicq Are hRC's standards consistent with those 'these standards are based. established by the EPA? (Please provide a detailed explanation). 'I

15. -The flFC st ill allows LLRW $13o0341 to be 3ccor'plished by shallotu What U.S. states are currently pursutng shallcw Innd j

land burial. burial as their dispose! technolo g In view of the difficult ses that does heve been encountered et the other shallow i nna burial sites, how N=C Jus *,if y thi3 d 2 sposs I reethod'

16. What is the htsteru cf allowable e,vposu-e to tne public es designated by the International Comittee on Rad!clogical Protection e

(ICRP)? (Please provide dates and corresponding allowable exposuae to the general public snd to werkers frem 1954 through 19??). Is ICRP currently reviewing or soon to revlee' its omn established Itmits? Pletse provide dethils tncluding

• tre lines, reasons for r ev t ei.4 (pertinent studles, etc.), &nd recer.'tendat tchs.

Explain the ration >1e for the proposed shif.t from tne critical 17. einen organ approach to the whole oo:!g dose equivalent ayoroacq mea suring $11oNable e'eposure to e n diat ten.

==memmmmme---- - tre n cr e str i';tsnt 20. C4n an agreement state pass reguistions ' etch that those of the h:C7 -}}