ML20237G707
| ML20237G707 | |
| Person / Time | |
|---|---|
| Issue date: | 08/31/1987 |
| From: | Pittiglio C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| References | |
| NUREG-1274, NUDOCS 8708240196 | |
| Download: ML20237G707 (22) | |
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NUREG-1274 Review Process for Low-Level Radioactive Waste Disposal License Application Under Low-Level Radioactive Waste l Policy Amendments Act U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards C. L. Pittiglio, Jr.
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I NOTICE Availability of Reference Materials Cited in NRC Publications Most documents cited in NRC publications will be available from one of the following sources:
- 1. The NRC Public Document Room,1717 H Street, N.W.
s Washington, DC 20555
- 2. The Superintendent of Documents, U.S. Government Printing Office, Post Office Box 37082, Washington, DC 20013-7082
- 3. The National Technical Information Service, Springfield, VA 22161 Although the listing that follows represents the majority of documents cited in NRC publications, it is not intended to be exhaustive.
Referenced documents available for inspection and copying for a fee from the NRC Public Docu-ment Room include NRC correspondence and internal NRC memoranda; NRC Office of inspection and Enforcement bulletins, circulars, information notices, inspection and investigation notices; Licensee Event Reports; vendor reports and correspondence; Commission papers; and applicant and licensee documents and correspondence.
The following documents in the NUREG series are available for purchase from the GPO Sales Program: formal NRC staff and contractor reports, NRC-sponsored conference proceedings, and NRC booklets and brochures. Also available are Regulatory Guides, NRC regulations in the Code of Federal Regulations, and Nuclear Regulatory Commission Issuances.
Documents available from the National Technical information Service include NUREG series reports and technical reports prepared by other federal agencies and reports prepared by the Atomic Energy Commission, forerunner agency to the Nuclear Regulatory Commission.
Documents available from public and special technical libraries include all open literature items, such as books, joumal and periodical articles, and transactions. Federal Register notices, federal and state legislation, and congressional reports can usually be obtained from these libraries.
Documents such as theses, dissertations, foreign reports and translations, and non NRC conference proceedings are available for purchase from the organization sponsoring the publication cited.
Single copies of NRC draft reports are available free,to the extent of supply, upon written request to the Division of Information Support Services, Distribution Section, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
Copies of industry codes and standards used in a substantive manner in the NRC regulatory process are maintained at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland, and are available there for reference use by the public. Codes and standards are usually copyrighted and may be purchased from the originating organization or, if they are American National Standards, from the American National Standards Institute,1430 Broadway, New York, NY 10018.
NUREG-1274 Review Process for Low-Level Radioactive Waste Disposal License Application Under Low-Level Radioactive Waste Policy Amendments Act ate u shed ugust 87 C. L. Pittiglio, Jr.
Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555
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ABSTRACT This document describes the U.S. Nuclear Regulatory Commission's (NRC's) process for licensing a low-level radioactive waste disposal facility within the time requi-ed by the Low-Level Radioactive Waste Policy Amendments Act of 1985.
This document also estimates the level of effort and expertise that is needed to review a license application within the required time.
It is intended to be used by the NRC staff as well as States and interested parties to provide a better understanding of what the NRC envisions will be involved in licensing a low-level radioactive waste disposal facility.
NUREG-1274 iii
TABLE OF CONTENTS P_a!Le iii l
l AB ST R A CT................................................................
1 1
INTRODUCTION......................................................
1 2
TENDERED APPLICATION..............................................
2 3
DOCKETING 0F APPLICATION..........................................
3 4
REQUEST TO PARTICIPATE IN NRC'S LICENSE REVIEW....................
5 SAFETY EVALUATION REPORT AND ENVIRONMENTAL IMPACT STATEMENT.......
3 4
5.1 Preparation for Review.......................................
5
- 5. 2 Safety Evaluation Report.....................................
5 5.3 Environmental Impact Statement...............................
6 6
PUBLIC HEARING PROCESS............................................
7 7
ISSUANCE OF A LICENSE.............................................
8 8
REFERENCES........................................................
APPENDIX -
SUMMARY
OF REGULATORY ROLE OF AGREEMENT STATES IN LICENSING A LOW-LEVEL RADI0 ACTIVE WASTE DISPOSAL FACILITY.............
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I NUREG-1274 v
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1 INTRODUCTION The U.S. Nuclear Regulatory Commission (NRC) is the Federal agency that has the responsibility for licensing commercial low-level radioactive waste disposal facilities for Non-Agreement States.
In addition, the Low-Level Radioactive Waste Policy Amendments Act (LLRWPAA) of 1985 requires that the NRC establish procedures and develop the technical capability to process the license applica-tion for a low-level radioactive waste disposal facility and to complete the review (except licensing hearing) of the application, to the extent practicable, within 15 months of its receipt.
This 15-month period begins once the applica-tion has been found acceptable for docketing (see Figure 1).
The NRC staff's review includes (1) the evaluation of an applicant's Safety Analysis Report (SAR) and the issuance of a draft and final Safety Evaluation Report (SER) and (2) the evaluation of an applicant's Environmental Report (ER) and the issuance of a draft and final Environmental Impact Statement (EIS). The preparation of the SER and EIS will take place concurrently.
This document (1) identifies the resources, personnel, and disciplines that the staff believes are needed to evaluate both the SAR and the ER and (2) defines the stages necessary to complete the review within the required 15 months.
The 15-month review required by the LLRWPAA begins with the docketing of the license application.
To meet the 15-month mandatory review of the license application, the applicant will also be required to provide a timely response to NRC's requests.
This includes the exchange of information between the staff and the applicant that starts as soon as the review begins and continues for the entire 15 months as well as the formal request for additional information.
The 15 month review does not take into consideration any special licensing steps or additional time that might be necessary if joint permitting and licensing are required.
In addition, this NUREG provides the rationale and regulatory basis for the various license review stages.
For Agreement States, a State agency performs this regulatory function.
The appendix provides a discussion of the role of Agreement States in the licensing Parts 2 and 61 of Title 10 of the Code of Federal Regulations (10 CFR) process.
define the licensing process for the NRC.
For Agreement States, regulations compatible with 10 CFR 61 must be developed; however, the administrative proce-dure for processing a license application is not a matter of compatibility and may differ from the process presented herein.
2 TENDERED APPLICATION 1
The licensing process begins when the applicant submits a license application 1
to the NRC for review; one signed original and two copies of the license application must be provided.
Along with the required copies of the license application, remittance of the applicant's fee as directed by 10 CFR 170 is required.
The license application initially will be treated as a tendered document and will be assigned a tentative docket number.
A copy will be avail-able for public inspection in the Commission's Public Document Room 15 at NUREG-1274 1
1717 H Street NW., Washington, DC (10 CFR 2.101(g)).
In addition, on receipt of a tendered application, the NRC will publish, in the Federal Register, a l
notice of the filed application (10 CFR 2.101(g)(1)(i)).
The Federal Register notice provides an opportunity for interested persons to submit views and comments on the tendered application for consideration by both the NRC and the applicant.
At the same time, the NRC will notify appropriate Federal, State, tribal, and local officials and governing bodies (10 CFR 2.101(g)(1)(ii)).
The NRC is also required (10 CFR 2.101(g)(1)(ii)) to post a public notice in general circulation newspapers in the affected States and regions summarizing the information in the tendered application and noting the opportunity to submit public views and comments.
Once an application has been tendered, it will be judged for completeness on the basis of the minimum information required to begin a detailed review.
The determination of completeness will be made within a 30-day period; the adminis-trative process is defined in 10 CFR 2.101(a)(2).
Completeness will be deter-mined, as part of the acceptance review, by a rapid "readinghcreening" of the entire application and by comparing the submitted application with (1) the subject headings in Subpart B of 10 CFR 61 and NUREG-1199, " Standard Format and Content of a License Application for a Low-Level Radioactive Waste Disposal Facility," and Regulatory Guide (RG) 4.18, " Standard Format and Content of Environmental Reports for Near-Surface Disposal of Radioactive Waste," and (2) the tables of contents in NUREG-1200, " Standard Review Plan for the Review of a License Application for a Low-Level Radioactive Waste Disposal Facility," and NUREG-1300, " Environmental Standard Review Plan for the Review of a License Application for a Low-Level Radioactive Waste Disposal Facility." Although such a review is preliminary in nature, it will be performed by the technical experts who later will participate in the more detailed review.
Whether or not the tendered application is acceptable depends primarily on whether pertinent matters have been addressed and not on whether the applicant's approach to resolving these matters is acceptable.
Making determinations about the latter is the primary objective of the review and evaluation process after the application has been accepted.
The acceptance rev'iew is performed on all documentation included in the application.
After the application has been reviewed for completeness and has been found acceptable for docketing, a docket number will be assigned and the applicant will be notified by the Director of the Office of Nuclear Material Safety and Safeguards (NMSS), NRC.
However, if it is determined that any part of the tendered application is incomplete and unacceptable for docketing, the applicant will be so informed and will be provided with a listing of the deficient areas (10 CFR 2.101(g)(iii)).
3 DOCKETING 0F APPLICATION Once the staff has determined that a license application is acceptable for docketing, the applicant will be required to provide a copy to the chief executive of the municipality where the disposal facility is to be located, and distribute additional copies to Federal, State, local, and Indian tribe officials including chief executives of governing bodies of municipalities or counties that have been identified in the application as the alternative site locations.
The applicant will have 10 days after formal docketing to submit to the Director of NMSS a
written statement that the above additional copies have been distributed (see Figure 2).
At the time of formal docketing, the Director of NMSS will publish in the Federal Register a notice of docketing that will identify the State and location of the proposed waste disposal facility and will give notice to the Governor of that I
State and other officials as required by 10 CFR 2.101(g)(3).
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4 REQUEST TO PARTICIPATE IN NRC'S LICENSE REVIEW l
Once an application has been formally docketed, the 15-month review required by LLRWPAA will begin, and at the same time a State or tribal governing body whose interests will be affected by a disposal facility at the proposed site may sub-mit to the Director of HMSS a proposal for participation in the review of the license application.
The proposal must be submitted in writing and signed by the Governor of the State or the official otherwise designated by the State or tribal law.
For the State in which the disposal facility will be located, or any State that is a member of an interstate compact that includes the State in which the proposed facility will be located, a participation proposal must be submitted no later than 45 days following publication in the Federal Register of the notice of the tendering of an application (10 CFR 61.72).
For any other State, or for a tribal governing body, a proposal must be submitted no later l
than 120 days following publication in the Federal Register of the notice of the tendering of the application.
The time allowed for submitting proposals to participate in the review process will allow all parties to wait until the NRC staff has determined that an application is complete before they formally request to participate in its review.
The minimum information that must be i
contained in a request to participate in a license application review is listed I
i in 10 CFR 61.72(c).
Once the Director of NMSS has received a proposal submitted in accordance with 10 CFR 61.72, that official will arrange a meeting with representatives of the State and tribal governing bodies to discuss the proposal and to ensure full and effective participation in the NRC's license review process.
NRC approval of the proposal to participate in the review will be made by the Director of NMSS, and the decision by the Director will be transmitted in writing to the Governor or the designated official of the tribal governing body as required by 10 CFR 61.73.
5 SAFETY EVALUATION REPORT AND ENVIRONMENTAL IMPACT STATEMENT Once the application has been formally docketed, the NRC staff will begin its review of the license application, which includes both the Safety Analysis Report (SAR) and the Environmental Report (ER).
The reviews of the SAR and ER will be conducted concurrently, and the review procedures as well as the content of the SAR and ER are dictated by technical requirements.
The NRC staff has developed NUREG-1200 and NUREG-1300, which provide specific guidance on the type and format of the information to be presented in both the SAR and ER.
NUREG-1199 and RG 4.18 provide additional guidance on what should be included in the docu-ments.
If the principal reviewers have not been able to visit the proposed site, a site visit will be scheduled shortly after the application has been docketed.
It is currently estimated that the concurrent review of both of these documents will require an NRC staff effort of approximately 8 staff years encompassing approximately 22 technical disciplines.
Although it is not necessary that the NUREG-1274 3
entire staff have licensing experience, it is necessary that the principal reviewers have licensing experience in addition to their required technical expertise.
The technical staff should have expertise in geology, hydrology, surface water hydrology, seismology, nuclear engineering, materials engineering, biology, sociology, meteorology, soils engineering, structural engineering, operations / construction engineering, health physics, geochemistry, performance assessment, environmental engineering, quality assurance, financial assurance, law, and licensing project management.
Although not all of the participants will be working on the review continuously over the entire 15-month period and some specialists may only require a few staff-weeks of effort, at various stages q
all of the technical specialists in the various disciplines will have to work on the review concurrently.
Table 1 provides a detailed listing of the disciplines and the basis for the estimated level of effort of 8 staff years.
These estimates are based on the assumption that the license application will adhere closely to the guidelines provided in the NUREG reports discussed above and that the NRC staff will have low-level waste regulatory experience before it starts its review.
Any change from the NRC recommended format or content will require an evaluation to determine the effect on the staff's ability to process the license application in 15 months.
To be able to make a determination that the 10 CFR 61 requirements are being met, the staff estimates that 70 individual findings must be made for the safety review alone.
These findings are listed in NUREG-1200.
A similar number of findings must be made for the environmental review.
The estimated number of findings for the safety review is based on each technical area for which a finding must be made; for each area a principal reviewer with a specific expertise will be assigned.
Some of the findings of a particular section will be used in other areas of the review and must be completed before the other reviews are initiated.
In addition, although a primary reviewer will be assigned to review a particular SAR/SRP section, that reviewer may also have secondary review responsibilities for other sections of the SAR/SRP.
This type of organization is typical for both the safety and environmental reviews.
Once both the SAR and ER have been reviewed, the NRC staff will issue the results in a draft and final Safety Evaluation Report (SER) and a draft and final Environmental Impact Statement (EIS), respectively.
The total amount of time allowed for both the SAR and ER reviews is 15 months as mandated by the Low-Level Radioactive Waste Policy Amendments Act (LLRWPAA) of 1985.
5.1 Preparation for Review To ensure that it is ready to review the applicant's SAR and ER, the NRC staff will undertake the following activities well in advance, if possible, of the actual receipt of an application:
(1) obtain a working knowledge of NUREG-1199 and Regulatory Guide 4.18, the standard format and content guides for the SAR and ER, respectively, and NUREG-1200 and NUREG-1300, the standard review plans for the SAR and ER, respectively, in the areas of their technical responsibility; (2) contact Federal, State, local, and tribal officials who also will be involved in the SAR and ER review process; (3) identify and review any new and/or addi-tional data determined to be potentially significant to NRC's review; and (4) to the extent practicable become familiar with the contents and issues of the SAR and ER before the documents are received through early and ongoing interaction with the applicant.
To the extent practicable, the primary reviewers will visit the proposed disposal site.
5.2 Safety Evaluation Report In the SER the staff will address and make determinations on issues such as (1) long-term radiation doses, (2) conformance with site suitability require-ments, (3) conformance with site design, (4) conformance with facility opera-tions and closure requirements, and (5) any additional information provided by the applicant in response to NRC written requests.
In addition, the staff will include determinations of the following:
(1) acceptability of land ownership, (2) acceptability of institutional controls, (3) acceptability of financial assurances, and (4) license conditions.
In the SER the staff will provide its view on the extent to which the application complies with 10 CFR 61.
The NRC staff's assessment will be contained in a DSER that will be issued approximately 8 months after the license application is docketed and will be noted in the Federal Register with an accompanying request for comments within 45 days.
Because the staff will not issue the DSER until 8 months after the application is docketed, those parties who waited the 120 days from the time the applica-tion was tendered before they submitted a request to participate in the license review will have adequate time to ensure that they will be able to actively participate in the review.
A 45-day public comment period has been established to allow any member of the public to comment on the staff's analysis of the SAR.
Following the analysis of public comments, the NRC staff may request that the applicant provide any additional information necessary to respond to these comments.
The NRC staff will make its request for additional information, if necessary, within 45 days after the close of the comment period.
The applicant will have 30 days to respond to this request for additional information and to provide additional site analysis data, if required.
The NRC staff will also make formal written requests for additional information from the applicant 2 and 5 months after the application is docketed.
Addi-tional requests may also be made if the applicant's responses are inadequate.
The NRC staff will require a timely response (30 days) to these written requests in order to ensure that major issues are addressed and the DSER is on schedule.
Approximately 90 days after closure of the comment period on the DSER, the NRC staff will begin preparing a final SER.
In summary, the SER will contain the staff's findings on the applicant's (1) qualifications, (2) compliance with the performance objectives of 10 CFR 61, (3) compliance with the technical require-ments of 10 CFR 61, (4) compliance with financial and institutional standards, (5) compliance with the requirements of 10 CFR 70 and 73 regarding special nuclear material and safeguards, and (6) license conditions.
NUREG-1200 provides guidance on the type of findings the NRC staff will make.
eriods for review are not mandated in the Although the above estimated time p'best" estimates for each phase of the review regulations, they represent NRC's so that the license review can be completed within 15 months as dictated by the LLRWPAA (see Figure 3).
5.3 Environmental Impact Statement The NRC staff's issuance of a license for a low-level radioactive waste disposal facility is considered to be a major Federal action significantly affecting the
quality of r.he human environment and therefore requires the preparation of an Environmer.tal Impact Statement (EIS) as mandated by the National Environmental Policy Act of 1969 (NEPA).
In the EIS, the NRC staff will assess the environ-mental effect of the proposed disposal facility on its surroundings and examine potential alternative actions.
The procedures for the preparation of an EIS are specified by NRC's regulations on environmental protection (10 CFR 51),
which are based on the Council on Environmental Qu:lity's regulations (40 CFR 1500-1508).
Before the EIS is prepared, the Director of NMSS will issue a Notice of Intent that will be published in the Federal Register as directed by 10 CFR 51.26.
The content of the Notice of Intent is dictated by 10 CFR 51.27.
At the same time, the NRC staff will begin its scoping activity to identify the issues as set forth in 10 CFR 51.29.
10 CFR 51.28 defines who will participate in the scoping process with the NRC staff.
The NRC staff will then prepare an analysis of the effects of licensing the disposal facility and of alternative actions.
For this analysis, the staff will use the information and analyses in the applicant's Environmental Report, btt because the NRC staff must make an independent assessment, information and analyses from other sources may also be considered.
The NRC staff may also formally request in writing additional information from the applicant if required to prepare the DEIS.
The NRC staff's assessment will be contained in a DEIS that will be issued 8 months after the application is docketed and will be noted in the Federal Register with an accompanying request for comments within 45 days as directed by 10 CFR 51.73.
The DEIS is issued for review by the public and other agencies, States, and groups.
The content of the DEIS is directed by 10 CFR 51.70 and 51.71.
Regulatory Guide 4.18 and NUREG-1300 provide additional guidance on what will be included in the DEIS.
The DEIS and the DSER will be developed at the same time.
On the basis of the comments that will be received on the DEIS, the NRC staff will revise the document and issue a final EIS, which will contain the NRC staff's conclusions and reccomendations regarding the proposed action.
The NRC staff may formally request in writing additional infonnation from the applicant if required to resolve issues raised during the comment period.
Just as with the development of the DSER and the SER, the development of the DEIS and the EIS will require continuous communication and exchange of information with the applicant from the initiation of the review.
To complete the review in the mandated 15 months, a tin ly response by the applicant to the NRC staff's requests will be required.
6 PUBLIC HEARING PROCESS NRC's licensing process offers several opportunities for interested parties to request a hearing (10 CFR 2.104).
If no requests are received, the NRC has the option of holding hearings or evaluating the license solely on the basis of administrative review (10 CFR 2.105(e)(1)).
The procedures for issuance or denial of a license without a hearing are defined in 10 CFR 2.108.
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't s t The purpose of the public hearing process is.to provide those parties We have,s N
- et' the requirements for participation ir; tae, hearing an opportunity;to pre-tsent their views on specific areas of the propsed licensing actior,'as Well as to' provide a forum where the applicant aM thKNRC staff can presenUtheir n>,
f'ndings and conclusions. Also, interveners can present their s idence that,
challenges or supports, the ap.olicant'.twnd sthe NRC sta'ff s conclusions. 3In addition, the heariQ, offers hth m mimbers of the pubile an opportunity to present i statement rega-ding the licrensing action.'
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The process that occws before a public heding determir,es the scope of heai-(
ings and who mar p rticipate.
Following a notice of a pub 1!rf hearing '.n the Federal Register as required by 10 CFR 2.105(d), any person whose interest is asfected by the proceeding and who has a desire to participate can 711e a vitten petition to intervene (10 CFR 2.105(d)(2)).
To'be admitted to the a
hJaring process, a party must have a valid issue.
Parties admitted to the heariag ham V right to genera ^.e eiidence through various methods of discovery.
The diwcvary process is t\\e seekin'g of information, directly related to the,
stafid s review and evaluation of the application, through the deposition, irr:er-3 rogatory, and document production routes.
Interveners are provided copies of correspondence to the applicant during the course of the--proceeding.
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It is the Commission's policy and practice to begin the public hearing in the vicinity of the site of the proposed fadlity.
However, if all parties agree, all hearing sessions can be held in Washington, DC.
Each paity will have an opportunity to present its views and/or pdedany evidence it may have in support of those views before the Atomic Safety and Licensing Board (AFLB).
The ASLB appointed to conduct the hearing consists of three mer@ers, one oD wtom is qua ified in the conduct of administrative pro';e-r dures, and two 6f whw have qualifications appropriate to the issues to be l
decided.
The ASLB wit) make the initial decision on the basis of the evidence presented and the c,ea-ing record.
Appean of the initial decision can be made within a specifisd period and will be considered by the Atomic Safety and Licensing fppeal Burd and alternatively by the NRC.
J BSUANCF,0F A LICENSE Folloring a favorable decision by the ASLB if a hearing is held, the Director of NMSS uill issue a Notice of Intent to issue a license in the Federal Register.,.
If thse is no hearing, the Director of hMSS will also issue a Notice cfs Intent' c deral Register.
The notice will summarize tu con- '
to issue a license in the e
clusions of both the SER and EIS and provide access to all documents and Ncords associated with the decision.
Thirty days following publication of the notice, a Notice of Issuance summarizing the licensing action will be published in'the Federal, Register concurrently with the actual issuance of the license.
License approval will necessarily require that (1) appropriate news releases are made, (2) copies of the license are provided to the appropriate chief executives and State and tribal officials, and (3) copies are provided to the U.S. Environmental Protection Aaency ant! other appropriate Federal agencies.
Finally, the Direct >r of NMSS wsll issue a license, which raast be expressly authorized by the Commission (10 CFR 2.765), to the disposal site operattr for the receipt, possession, and disposal of low-level radioactive wastes.
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8 REFERENCES j
Code of Federal Regulations, Title 10, " Energy," Chapter 1, Nuclear Regulatory Commission, Parts 0 to 199, U.S. Government Printing Office, Washington, DC, I
revised annually.
j U.S. Nuclear Regulatory Commission, NUREG-1199, " Standard Format and Content of a License Applicati for a Low-Level Radioactive Waste Disposal Facility,"
January 1987.
l
--, NUREG-1200, " Standard Review Plan for the Review of a Licer,se Application for a Low-Level Radioactive Waste Disposal Facility," January 1987.
--, NUREG-1300, " Environmental Standard Review Plan for the Review of a License Application for a Low-Level Radioactive Waste Disposal Facility," April 1987.
--, Regulatory Guide 4.18, " Standard Format and Content of Environmental Reports for Hear-Surface Disposal of Radioactive Waste," June 1983.
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APPENDIX
SUMMARY
OF REGULATORY ROLE OF AGREEMENT STATES IN LICENSING A LOW-LEVEL RADI0 ACTIVE WASTE DISPOSAL FACILITY In 1959, Section 274 of the Atomic Energy Act was amended to provide a role for States in the regulation of nuclear materials and a statutory basis under which the NRC would discontinue and the States could assume, through agreements, certain NRC regulatory authority.
The 1959 amendment made it possible for the States to regulate byproduct material, source material, and small quantities of special nuclear material, including the disposal of such material.
The mechanism for the discontinuance of the Commission's regulatory authority is an agreement between the Governor of a State and the Commission.
To par-ticipate in the Agreement State program, a State must establish authority to conduct a radiation control program in the form of legislation and must imple-ment the authority through State regulations.
An interested State must promulgate regulations that will provide the standards and rules for licensing, inspection, and enforcement.
It must establish a radiation control program within the overall State organization.
The program must be able to effectively compete with other health and safety programs for budget and staff.
The staff to conduct the program must consist of a sufficient number of trained personnel.
The State must also establish an acceptable licensing and compliance prcgram.
Before entering into an agreement, the Commission is required to make a finding that the State's radiation control program is compatible with that of the Commission and is adequate to protect the public health and safety.
Under an agreement, the State has the authority to regulate the materials covered by the agreement and may opt whether or not to regulate low-level waste disposal in permanent disposal facilities.
The NRC retains a regulatory authority over the specific activities authorized by an individual A0reement State license.
The NRC conducts onsite, indepth reviews of each State program at intervals of 12 to 18 months, which cover organization, administration, personnel, regula-tions and legislation, licensing, compliance, and enforcement.
In addition, the NRC provides radiation safety training and technical assistance to the States. At the present time there are 29 Agreement States.
As part of the Agreement State program, the NRC identifies which of its new regulations or revisions are considered matters of compatibility.
On December 27, 1982, the NRC promulgated its regulations on low-level waste, 10 CFR 61, " Licensing Requirements for Land Disposal of Radioactive Waste."
10 CFR 61 provides licensing procedures, performance objectives, and technical requirements for the issuance of licenses for the land disposal of low-level radioactive waste.
The performance objectives and the technical aspects of this regu*iation are considered matters of compatibility.
Thus, the Agreement States and the NRC are implementing a consistent nationwide regulatory program for low-level waste disposal.
The requirements of the National Environmental Policy Act of 1969 (NEPA) are not a matter of compatibility.
However, each Agreement State will prepare an assessment that will evaluate environmental issues on the basis of its own equivalent to NEPA.
The licensing process will differ from Agreement State to Agreement State because this aspect of 10 CFR 2 and 61 is not a matter of compatibility.
It should be noted, however, that Section 9 of the Low-Level Radioactive Waste Policy Amendments Act required that the regulatory agencies (either the NRC or, as appropriate, the Agreement State) establish procedures and develop the tech-nical capability for processing license applications by January 15, 1987.
These procedures were to provide, to the extent practicable, for the completion of all processing and reviews, except for the licensing hearing, within 15 months after receipt of an application.
During the reviews of Agreement State programs, the NRC will evaluate the procedures, staffing, regulations, and technical capability of host States or those that anticipate becoming host States.
NUREG-1274 14
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2 TITLt ANo suertTLt Review Proce for Low-Level Radioactive Waste Disposal Lice 'e Application Under Low-Level Radioactive Wa e Policy Amendments Act
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10 SPONSORING ORGANil ATtDN NAME AND MA' NG ADDRESS H stus.le Coe.1
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Thisdocumentidentifiesandde(rip'estheU.S.NuclearRegulatoryCommission's(NRC's) process for licensing a low-leve 4/adioactive waste disposal facility within the time l
required by the Low-Level Radioa ive Waste Policy Amendments Act of 1985. This document also estimates the lev f effort and expertise that is needed to review a license application within the equ red time.
It is intended to be used by the NRC staff as well as States and
- teres '_d parties to provide a better understanding of what the NRC envisions will e invol
.d in licensing a low-level radioactive waste i
disposal f acility.
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