ML20238A349

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Plans and Schedules for Implementation of U.S. Nuclear Regulatory Commission Responsibilities Under the LOW-LEVEL Radioactive Waste Policy Amendments Act of 1985 (P.L.99-240)
ML20238A349
Person / Time
Issue date: 08/31/1987
From: Dunkelman M
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
References
NUREG-1213, NUREG-1213-R01, NUREG-1213-R1, NUDOCS 8709090253
Download: ML20238A349 (100)


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NUREG-1213 Rev.1 i Plans and Schedules for Implementation lDf U.S. Nuclear Regulatory Commission Responsibilities Under the Low-Level @adioactive Waste Policy Amendments Act of 1985 4P.L. 99-240) Sanuscript Completed: July 1987 Date Published: August 1967

9. M. Dunkelman Division of Low-Level Waste Management and Decommissioning Dffico of Nuclear Material Safety and Safeguards j

D.S. Nuclear Regulatory Commission Meshington, DC 20555 I I i

{ l I [ ABSTRACT The purpose of this document is to make available to the States and other interested parties, the plans and schedules for the U.S. Nuclear Regulatory Commission's (NRC's) implementation of its responsibilities under Public Law 99-240, the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA). This document identifies the provisions of the LLRWPAA that affect the programs of the NRC, identifies what the NRC must do to fulfill each of its requirements under the LLRWPAA, and establishes schedules for carrying out Revision 1 of this docum'ent includes the accomplishments Itheserequirements. and schedule revisions made by NRC since July 1986. 1 ) l J 1 ) ) iii

-'p r'f [ g f, ' TABLE OF CONTENTS-P_ age h' ABSTRACT.. 3......................................................... .iii -INTRODUCTION......................................................... 1 NRS ROLE AND RESPONSIBILITIES UNDER THE LLRWPAA.................... -1 C SECTION-BY-SECTION DESCRIPTIONS Implementation of: Section 2(9) Concerning Classifying Waste as Low Level............. 6 Section 3(b)(1) and (2) Concerning Licensing a Facility Handling L ' Waste Having Radionuclides Concentrations Exceeding Class C Limits.......................................................... 8 Section 3(b)(3) Concerning DOE's Report to Congress on Disposal of ' Waste Having Radionuclides Concentrations Exceeding Class C Limits.......................................................... 10 Section 4(b)(3) and (4) Concerning Preserving NRC Authority With Respect to Low-Level Waste Compacts............................. 12-Section'5(d)(2)(C) Concerning the Potential for States to Take Title-to and to Take Possession of Low-Level Waste..................... 14 - Section' 5(e)(1)(C) and.(D) Concerning Determining the Completeness of Disposal Site Applications......................................... 16 Section 5(e)(1)(E) Concerning Transmitting and Publishing State Certifications.................................................. 18 Section 6(a) through (e) Concerning Granting Emergency Access...... 20 Section 7 Concerning DOE's Annual Report to Congress............... 22 Section 8:Concerning Alternative Disposal Methods.................. '24 Section 9 Concerning Establishment of a License Review Capability.. 26 - Section 10 Concerning Radioactive Waste Below Regulatory Concern... 28 ) i I i v )

I APPENDICES A LLRWPAA B FEDERAL REGISTER NOTICE ON HIGH-LEVEL WASTE DEFINITION C MIXED WASTE D FUNCTIONAL CHART, DIVISION OF LOW-LEVEL WASTE MANAGEMENT AND DECOMMISSIONING E NRC PUBLICATIONS ON DISPOSAL OF LOW-LEVEL WASTE F FEDERAL REGISTER NOTICE ON TECHNICAL ASSISTANCE AVAILABILITY q G FEDERAL' REGISTER NOTICE ON STANDARD FORMAT AND CONTENT GUIDE AND STANDARD l REVIEW PLAN ] H FEDERAL REGISTER NOTICE ON EMERGENCY ~ ACCESS I FEDERAL REGISTER NOTICES ON ALTERNATIVE METHODOLOGIES 'J FEDERAL REGISTER NOTICE.0N ENVIRONMENTAL STANDARD REVIEW PLAN K FEDERAL REGISTER NOTICES ON RADI0 ACTIVE WASTE BELOW REGULATORY CONCERN vi

s b h INTRODUCTION ~ This' revised document makes available to the States and to interested parties, the updated plans and schedules for the U.S. Nuclear Regulatory Commission's (NRC's) implementation of its responsibilities under Public Law 99-240, the Low-Level' Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA) (attached' as Appendix A)' This document identifies the provisions of the LLRWPAA that affect the programs of the NRC, identifies what the NRC must do to fulfill i each of its requirements under the LLRWPAA, and establishes schedules for l carrying out these requirements. Changes from the original document, published in July 1986, are indicated by a lverticallineasshownintheleftmargin. Signed into law on January 15, 1986, the LLRWPAA: (1) ensures that currently operating disposal facilities will remain available until the end of 1992, sub-ject to specified volume-limitations and other requirements; (2) establishes a . system of incentives and penalties to promote steady progress toward new facility development; and (3) under Title II, grants consent to seven Inter-state low-level waste disposal Compacts covering 37 States. Key site develop-ment milestones as specified by the LLRWPAA are listed in Figure 1. The-new law is complex. It presents numerous possibilities for State, Compact Commission., licensee, and Federal' agency decision-making, and the final arrange- ~ments among all the affected parties.cannot now be foreseen. Recognizing that all-the impacts of the LLRWPAA on the NRC will probably be unclear for'some time, this' document identifies programmatic impacts that appear to be likely. NRC'S ROLE AND RESPONSIBI'LITIES UNDER THE LLRWPAA The LLRWPAA requires NRC to take specific actions in a number of areas. These are described in detail in the section-by-section descriptions that follow and i are shown in Figure 2. The major required NRC actions are listed below; sections of the LLRWPAA that require the action are cited in brackets. (1) As required by July 1986, the NRC established standards and procedures and developed the technical capability for acting upon petitions to exempt specific waste streams from NRC regulation. The procedures are to provide i for expeditious determinations and actions to exempt waste streams found not to require NRC regulation. [Section 10(a) and (b)] l(2) As required by January 1987, the NRC established procedures and developed the technical capability for processing licensing applications. These procedures, to the extent practicable, provide for completion of all pro-cessing and reviews (except for the licensing hearing) within 15 months after receipt of an application. [Section 9(1)] (3) As required by January 1987, in consultation with States and other interested parties, the NRC identified methods, other than shallow land burial for the NUREG-1213 1

Figure 1 Key Site Development Milestones 1985 l 1988 l 1987 l 1988 l 1989 l 1990 l 1991 l 1992 l 1993 l 1994 l 1995 l 1996 5577 $k KEY MILESTONES 1 States must ratify Compact legislation or certify intent to develop a site [Sec. 5(e)(1)(A)). Access to existing sites maa he denied (Sec. 5(e)(2)(A)(li)]. States /Compactsmustdevelopasitingplan(Sec.5(e)(1)(B)]. Accesstoexistingsitesmaybedenied(Sec.5(e)(2)(B)(ii)]. 5 A complete license application must be flied or certification provided to the NRC that the State will manage the waste after 12/31/92[Sec.5(e)(1)(C)]. Accesstoexistingsitesmaybedenied[Sec.5(e)(2)(C)]. Alllicenseapplicationsmustbefiledanddeterminedtobecomplete[Sec.5(e)(1)(D)]. j [ State / Compact assunes responsibility for low-level waste disposal or must repay a portion of the surcharge to the generators [Sec. 5(d)(2)(C)]. State / Compact must take title / possession of low-level waste [Sec. 5(d)(2)(C)]. Figure 2 NRC Actions Required by LLRWPAA i 1985 l 1986 l 1987 1988 l 1989 l 1990 l 1991 l 1992 l 1993 l 1994 l 1996 l 1998 1 N' Y l NRC REQUIRED N ACTIONS Sectiun 2: Classify all wastes as either low-level waste or high-level waste (no date specified, completion itLely end of 1988 or beginning of 1989) Section 3: License Federal disposal of above-Class-C waste (no date specified). Section 5: Transmit State certifications to Coogress (no date specified), Section 6: Establish energency access procedures and criteria (completion likely 8/88). [SectionBa: Identify alternative disposal nethods and issue tect:nical guidance (met 12/86). [Section8b: Establish technical requirements for alternative disposal methods (1/88 specified). [ Section 9: Establish licensing review procedures and capability (siet 1/87). [ Section 10: Establish standards and procedures for wastes below regulatory concern (7/86). NUREG-1213 2

disposal of low-level radioactive waste and issued technical guidance on licensing of these alternative disposal methods. [Section 8(a)] (4). By January 15, 1988, the NRC must identify and publish all relevant tech-nical -information that must be submitted to NRC to pursue an alternative disposal method, together with the' technical requirements for licensing alternative disposal facilities. [Section 8(b)] (5) The NRC must, within 45 days after receiving a request for emergency ac-cess to a disposal site, complete determinations on whether such access is necessary. In addition, the LLRWPAA provides for the NRC to designate an appropriate non-Federal disposal facility or facilities to receive wastes found to require emergency access, and to notify the affected State (s) and Compact Commission (s) with the designated facilities, describing the waste and'the minimum volume M duration of disposal required. The requesting State also must be notified if emergency access has been granted. [Section 6(c)] l(6) The NRC is responsible for licensing facilities for disposal of low-level radioactive waste generated from NRC-or Agreement State-licensed activ-ities and having radionuclides in concentrations which exceed the limits established by the NRC for Class C waste under 10 CFR 61. Management and disposal of waste exceeding Class C concentrations is a Federal respon-sibility. [Section 3(b)(2)] (7) The NRC must transmit to Congress any Governor's certification that his or her State will provide for the management, storage, and disposal of low-level waste after 1992. [Section 5(e)(1)(E)] In addition to the actions NRC is specifically required to take, a number of LLRWPAA's provisions make other NRC measures necessary or prudent, or affect the timing of required actions. (1) Access to an operating disposal facility could be denied by the sited States on January 1, 1989 should the January 1, 1988 milestone not be met; NRC is planning to have final regulations on petitions for emer-gency access by August 1988. l (2) To ensure that extended storage does not become de facto disposal if a licensee becomes insolvent, NRC staff may find it necessary to reexamine financial assurance requirements for such storage. The problem of such 1 insolvencies could arise during the time between January 1, 1987, when access to a disposal site may first be denied, and January 1, 1996, when States that have not provided for disposal are required to take title to and possession of low-level waste generated within their borders. (3) The NRC staff has reviewed the Department of Energy's (DOE's) report to Congress on recommendations for disposal of waste exceeding Class C concentrations (" Recommendations for Management of Greater-Than-Class-C Low-Level Radioactive Waste," 00E/NE-0077) and has suggested to DOE that DOE consider disposal of all greater-than-Class-C (GTCC) waste in a ( high-level waste (HLW) repository. Based on a decision by DOE to pursue NUREG-1213 3 L

this, or some other disposal option, NRC staff may need to develop addi-tional GTCC waste packaging or'other guidance. NRC staff plan to continue-working with 00E on this subject and on the rulemaking for the definition of flLW. i (4) In DOE's report, 00E assumed responsibility for ensuring safe disposal of GTCC waste and announced a plan for accepting GTCC wastes from commercial sources for storage and eventual disposal. NRC staff will need to interact with DOE and licensees on DOE's development of criteria for acceptance of t-GTCC waste for storage prior to disposal. (A prompt DOE decision on GTCC j waste disposal would appear to be needed to develop such criteria.) Pending ) acceptance by DOE, licensees may need to store GTCC wastes for a indefinite j period. In addition to certain materials licensees, such as sealed source j manufacturers with such wastes, this requirement may affect the disposition 1 of any GTCC wastes generated from normal reactor operations or from decon-1 taminating and decommissioning. (5) The NRC plans to clarify the existing definition of low-level waste in 10 CFR 61 to. identify the upper bound of low-level wastes having radio-nuclide concentrations exceeding the Class C limits. This clarification is being done as part of the current rulemaking effort on the definition I of high-level waste. An Advance Notice of Proposed Rulemaking was published in the Federal Register on February 27, 1987 (52 FR 5992) j (Appendix B). ~ (6) The several opportunities for sited States to curtail access to their facilities may make it prudent for NRC staff to consider measures to encourage the preparedness of licensees for such losses of access and to ensure the adequacy of alternative means of waste management. This preparedness appears the more advisable in light of the stringent require-ments for obtaining emergency access to disposal sites under Section 6. (7) Given tua added costs, uncertainties, and limits on access to currently operating sites, there may be an increase in the number of licensing actions requested for onsite storage, onsite disposal under 10 CFR 20.302, incineration, and other forms of treatment or volume reduction. NRC staff believes that sufficient licensing guidance is in place for decision making in these areas. (8) Any State agency that takes title to or possession of wastes after 1992 under Section 5(d)(2)(C) will require a license from the NRC or from an Agreement State agency. NRC staff will have to coordinate closely with State agencies expecting to assume these management responsibilities. (9) Given NRC's and DOE's mutual interest in cooperation for accurate and up-to-date information, NRC staff will have to exercise care to ensure that this interest does not compromise the arm's-length relationship it will need to maintain with DOE as a prospective licensee for disposal of wastes having radionuclides concentrations exceeding Class C limits. 4 I(10) Because the LLRWPAA does not address the jurisdictional questions of NARM (naturally occurring or accelerator produced radioactive materials), the NRC staff believes it must proceed on the assumption that it is not required NUREG-1213 4

at this time to. consider possible future NRC regulatory requirements for these wastes _ in providing "all relevant information" on alternative dis-posal methods. (11) The LLRWPAA also does not address the jurisdictional question of mixed wastes, i.e.', wastes that contain both hazardous and radioactive constituents. Mixed-waste issues are described in Appendix C. (12) The NRC staff may want to consider ways to strengthen ongoing agency efforts to identify and assess the disposal requirements of new wastes that may result' from future licensed activities. As early as possible, any unique disposal requirements resultir.g from new waste producing technology or alternative disposal methods should be brought to the attention of NRC management. ) For additional information on specific areas of concern, write to: Regis R. Boyle, Regulatory Section Leader, Regulatory Branch, Division ) of Low-Level Waste Management and Decommissioning, Nuclear Material { Safety and Safeguards, NRC, Washington, DC 20555, or call (301) 427-4706. Appendix D is a functional chart of the Low-Level Waste Vanagement and j Decommissioning Division. Appendix E is a list of NRC publications on low-level waste disposal, and Appendix F is a Federal Register Notice describing the availability of technical assistance from the NRC. I i i i i ) NUREG-1213 5

I SECTION-BY-SECTION DESCRIPTIONS Implementation of Section 2(9) Concerning Classifying Waste as low Level (Appendix A, p. A-1, 99 Stat. 1843, and Figure 3) The LLRWPA defines low-level radioactive waste as radioactive material that: ( A) is not high-level radioactive waste, spent. nuclear fuel, or byproduct material [as defined in Section 11e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2))]; and (B) the Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph (A), classifies as low-level radioactive waste. The NRC action resulting from this provision of the LLRWPAA, is to affirmatively classify as such the radioactive materials addressed by this LLRWPAA. Approach Taken The staff believes that the only remaining action in waste classification that must be taken to fulfill this provision of the LLRWPAA is to identify the upper bound of those low-level wastes having radionuclides concentrations exceeding l Class C limits, theraby establishing the threshold between low-level and high-level waste. This tetion is being undertaken as part' of the proposed rulemak-ing to define high-level wastes pursuant to Section 2(12) of the Nuclear Waste Policy Act of 1982. An Advance Notice of Proposed Rulemaking on this regula-tion was published in the Federal Register on February 27, 1987 (52 FR 5992 (Appendix B)). ~ l NUREG-1213 6 l

G "l s Figure 3 Section 26): Classifying Waste as Low t.evel l 7 ;ggg j 1985 l 1986 l 1937 l 1g33 ,,A W LLRWPAA ACTIONS h7 i NRC ACTIONS W LlRWPAA MILESTONES .WRC MILESTONES 1 DOE report to Congress making recommen- .tevistee cf 10 CFR 60 to define high-and dations on how to dispose of wastes in low-levt1 waste, concentrations exceeding Class C limits under 10 CFR 61.55. GA Published Advance Notice of Proposed v Rulemaking(2/87). [Endofpubliccommentperiod(6/87). PublicationofProposedRule(4/88). End of public consnent period on rule (6/88). 'pPublicationofFinalRule(12/88). 5 i t 4 1 s NUREG-1213 7

t 1 l Implementation of Section 3(b)(1) and (2) Concerning Licensing a Facility Handling Waste Having Radionuclides __ Concentrations Exceeding Class C Limits (Appendix A, p. A-2, 99 Stat. 1844, and Figure 4) 4 ) Section 3(b)(1)(D) of the LLRWPAA provides for Federal responsibility of: any other low-level radioactive waste with concentrations of radio-nuclides that exceed the limits established by the Commission [14RC] for Class C radioactive waste, as defined by Section 61.55 of Title 10, Code of Federal Regulations, as in effect on January 26, 1983. Section 3(b)(2) of the LLRWPAA further provides that: Ali radioactive waste designated a Federal responsibility pursuant to j subparagraph (b)(1)(D) that results from activities licensed by the i Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended, shall be disposed of in a facility licensed by the Nuclear Regulatory Commission that the Commission determines is adequate to protect the public health and safety. The NRC actim resulting from this provision of the LLRWPAA is to prepare for i and license the Federal disposal of the affected waste. Approach Taken The NRC staff has reviewed DOE's projections of greater-than-Class-C (GTCC) waste as given % " Recommendations for Management of Greater-Than-Class-C s Low-Level Radioactive Waste" (00E/NE-0077). Based on this review, the NRC staff has suggested to DOE that DOE consider disposal of all GTCC waste in a high-level waste geologic repository. Based on the NRC's conceptual defini-tion of high-level waste, the staff estimates that roughly 85 percent of the a 2,000 m of GTCC waste projected by DOE to the year 2020 is expected to contain large quantities of transuranic or other long-lived radionuclides of concern. For the nost part, NRC and Environmental Protection Agency (EPA) regulatory criteria for disposal of GTCC waste in a high-level waste repository already exist (see Implementation of Section 3(b)(3) Concerning DOE's Report to Congress). A more detailed plan for implementing this provision of the LLRWPAA will be developed following a DOE decision on disposal of GTCC waste. If, as suggested by NRC statt, DOE decides to dispose of all, or most, of the GTCC waste in a high-level waste repository, then NRC staff would develop any additional waste packaging or other guidance on an as needed basis. A prompt DOE decision on GTCC waste disposal would appear to be needed to enable specification of DOE acceptance criteria for storage of GTCC waste prior to disposal. In the inte-im, NRC staff plans to take the following actions: (1) As a priority item, continue work on the rulemaking to define high- < f wel waste. This rulemaking also would establish the upper bound for GTCC low-level waste. (2) Work with DOE and DOE's Energy Information Administration to acquire additional data as needed on sources of GTCC waste. NUREG-1213 8

(3) Interact with DOE and licensees on DOE's development of criteria for acceptance of waste for storage prior to disposal. (4) Work with DOE to provide guidance needed by DOE to b.e able to select disposal options. 1 Figure 4 Section 3(b)(1) and (2): Licensing an Above-Class-C Facility 1988 l 1987 l 1988 l 1999 l 1990 l 1991 l 1992 l 1993 LLRWPAA 7 5 7 ACTIONS NRC ACTIONS LLRWPAA MILESTONES NRC MILESTONES G, DOE report to Congress asking recomenda. GA Decided to revise 30 CFR 60 to define high-v tions to ensure safe disposal of wastes in V and low-level waste (6/86), concentrations exceeding Class C limits under 10 Cf R 61.55 (sutnitted 2/87). Published Advance hotice of Proposed Rulcomking(2/87). Submittal of a license application for disposal of above-Class-C wastes [nd of public coment period (6/87). (no date specified in the LLRWPAA). PublicationofProposedRule(4/88). End of public coment period on rule (6/88). p Publication of Final Rule to NRC Comission (12/88). NUREG-1213 9

g' 7 sa_ 9 + A, + w 3 T ImpisentationofSection3(b)(3)ConcerningDOE'sReporttoCongt i of Waste Having Radionuclides Concentrations Exceeding Class C Licn;ess on Disposal i ts- . Mppendix /7p. A-2,. 99 Stat.1844,3nd Figure 5) ~ s r,p 3 1 t <f tursuant to the LLRWPAA,^' D0E wase reqidred to submit to Congress a report 5 i l ts. setting forth ' recommendations on_ ensuring safe disposal:of waste. generated from /' commercial sources (NRC and Agreement State licensees) and having radionuclidst concentrations exceeding Class C limits (also known'as Greater-Than-Class C, cr' GTCC waste). i Approach Taken. Duiing DOE's preparation of thC repoht, NRC. staff tooA the following actions; (,'I (1) Provided DOE staffiwith information on the sources and. characteristics of l wastes exceeding Class C concentrations; a 4 (2) Identified groups of NRC licensees'likely.to generate waste exceeding . Class'C concentrations; j (3) Assisted DOE's Energy Information Administration in preparing a form to survey NRC and Agreement State licensees; (4) Briefed DOE staff ori NRC's rulemaking on'the uefinition of high-level -waste; and (5) Briefed DOE staff on the progress of NRC's efforts to resolve in-y consistencies between NRC's regulations for d;sposal of low-level waste and EPA's regulations for disposal of Lazardous waste. J DOE submitted its report, entitlea ? Recommendations for Dnagement of .I Greater-Than-Class-C Low-Level Radioactive Waste" (DOE /NE-0077) in February 1987.. In this report,1 DOE assumes responsibility f6r ensuring safe disposal t - of GTCC waste and announces a plan to accept GTCC wastes from commercial { sources for management and eventual disposal. (Mana0ement pay include storage, 1 treatment, packaging, and transportation.within DOE facilities.) In the report, DOE expresses its' belief that it cannot address disposal options until NRC and EPA complete fi n necessary regulatory actions. NRC staff does i not consider this to be:the case'. NRC staff's analysis.of the DOE report and of the five actions-identified by DOE were communicated to DOE via an April 30, 1987 letter from Hugn i. Thompson, Jr. (NRC) to A. David Rossin (DOE). The NRC staff suggest's,. for reasons cf ahinistrative efficiency, that DOE consider dispasal of 01CC wasf.e in a high-level waste geologic repository. l r ' Roughly 85 percent of the 2,000 m3 of GfCC waste projected by DOE to the year 2020 is expected to contain large quantitiet of transuranic or other long-lived (, 7- ' radionuclides of concern. For the most, parti NRC and EPA regulatory criteria for disposal of GTCC waste in a high-level aaste reposito y already exist, v Repository disposal also would save DOE aw 6RC the considerable resources necessary to' develop and license separate GTCC waste disposal facilities. NUREG-1213 10 __w__.__--__-L.

Figure 5 Section 3(b)(3): DOE's Report to Congress on Disposal of Above-Class-Waste 1985 l 1988 l 1987 1988 l 1989 LLRWPAr y ACTIONS NRC ACTIONS LlRWPAA MILESTONE $ NRC MILLSTONES Ut DOE must issue a report to Congress con-GA Decided to revise 10 CFR 60 to define high-V taining recommendations for ensuring safe V and low-level waste (6/86). disposal of wastes in concentrations l exceeding Class C limits (subniitted 2/87). Published Advance Notice of Proposed Ruleinaking (2/87). Reviewed DOE's report to Congress (4/87). End of public concent period (6/87). Publication of Proposed Rule (4/88). { End of public coment period on rule (6/88). Pubilcation of Fira1 Rule (12/88). r NUREG-1213 11

t Implementation of Section 4(b)(3) and (4) Concerning Preserving NRC Authority With Respect to Low-Level Waste Compacts (Appendix A, p. A-? 99 Stat. 1845 and 1846, and. Figure 6) l The-LLRWPAA provides specific. language covering the effect of Compacts on Federal law, in particular the preservation of NRC's regulations. The NRC. action resulting from this-provision is to review the Compact charter. . language t.._ make known to the Compact Commissions discrepancies from NRC regulations. Approach Taken. NRC's Regional State Liaison Officers, in coordination with NRC's State, Local and Indian Tribe Programs (formerly, Office of State Programs), will continue to monitor Compact Commission meetings and actions to the extent practical to keep abreast of State and Compact developments. In particular, all bylaws, rules, and regulations will be obtained from the Compact Commissions to be reviewed'by the NRC technical and legal. staff for identification of conflicts with NRC's regulations. NUREG-1213 12

p i Figure 6 Sections 4(b)(3; and (4): Preserving NRC Authority With Respect to Low-Level Waste Compacts 1985 1986 1987 1988 1989 1990 1991 1992-1993 LLRWPAA ACTIONS 1 J NRC ACTIONS - i LLRWPAA MILESTONES NRC MILESTONES No specific milestones. No specific milestones. 13 L_-_________

Implementation of Section 5(d)(2)(C) Concerning the Potential for States to Take Title to and to Take Possession of Low-Level Waste (Appendix A, p. A-5, 99 Stat. 1850, and Figure 7) As relief to generators operating in a State that does not meet certain mile-stones in the LLRWPAA, LLRWPAA provides for such States to take title to and possession of the low-level waste. This action would require an NRC or Agree-ment State license. Significant State liabilities arise under Section 5(d)(2)(C) if a State or Compact is unable to provide for the diaposal of waste by January 1, 1993. Upon the request of the generator or owner of the waste, each State without disposal capacity "shall take title to the waste, shall be obligated to take possession...and shall be liable for all damages directly or indirectly incurred" by the generator or owner as a consequence of the failure of the State to take possession of the waste as soon after January 1, 1993, ae the generator or owner notifies the State that the waste is available for shipment. If the State elects not to take title to and possession of the waste and not to i assume liability in 1993, Section 5(d)(2)(C)(ii) provides that 25 percent of I the total surcharge paid by the generator or owner between January 1, 1990, and { December 31, 1992, is to be repaid with interest by DOE to the generator in j monthly installments until the State or Compact region is able to provide for disposal or until January 1,1996, whichever is earlier. If the State does 1 take title to and possession of the waste and does assume liability, however, Section 5(d)(2)(C) provides that the State is to receive the 25 percent rebate instead of the generator. When the State or the Compact to which it is a party { provides for disposal, the State or Compact Commission is to receive the rebate, prorated for that portion of the period between January 1, 1993, and January 1, 1996, during which disposal is provided. However, if a State or Compact has failed to provide for disposal by January 1, 1996, the State must take title to and possession of the waste and must assume all liabilities from its failure to do so. This occurs as soon after January 1, 1996, as the generator or owner notifies the State that the waste is available for shipment. The NRC actions resulting from this provision are to keep aware of the development of such situations, ensure that the necessary regulatory guidance is available and known by such States, and to take any required licensing actions. Approach Taken NRC staff will continue to assess the need to change regulations or guidance documents. In addition, a summary of regulatory information on waste storage will be issued to potential licensees and Agreement States sufficiently in advance of its required use, to allow for the timely development and licensing of any needed facilities. NUREG-1213 14

i i i Figure 7 Section 5(d)(2)(c): F otential for States to Take Title to and to Take j Possession of Low-Level Waste 1986 l 1996 l 1987 l 1988 l 1989 l 1990 l 1991 l 1992 l 1993 l 1994 l 1996 l 1996 LLRWPAA ACTIONS NRC ACTIONS LLRWPAA MllESTONES NRC MILESTONES Gt A State unable to provide for disposal must Da Issue summary of regulatory infonnation on v take title to and possession of its own V waste storage (periodically revised), waste, g must repay a portion of the sur-charge to generators. 2 A State unable to provide for disposal must take title to and possession of its own waste. i ) i p 1 NUREG-1213 15

~ Implementation of Section 5(e)(1)(C) and (D) Concerning Determining the Completeness of Disposal Site A3plications (Appendix A, p. A-6, 99 Stat. 1353, and Figure 8)- -The LLRWPAA establishes specific dates by which a complete license application, as determined by the.NRC or Agreement State, shall be filed for a low-level waste disposal facility. If a State or Compact Commission submits a license application to the NRC for a disposal facility,-NRC must determine that-the application is complete before the State or Compact can be found to be in compliance. i The NRC action.resulting'from this provision has been to identify, well in advance of the specified dates, what it would consider;to be a complete license application. Approach Taken The NRC staff published in. January 1987, NUREG-1199, " Standard Format and Content of a License Application for a Low-Level Radioactive Waste Disposal Facility." A notice ~of availability (Appendix G) was published in the Federal-Register on January. 30, 1987 (52 FR 3068). The Standard Format and Content guide will be revised to cover alternatives to shallow land burial by January 1988. i 1 a NUREG-1213 16

1 l I-Figure 8 ' Sections 5(e)(1)(C) and (D): Determining the Completeness of Disposal Site Applications 1986 l 1987 l 1988 l 1989 l 1990 l 1991 l 1992 LLRWPAA ACTIONS NRC ACTIONS LLRWPAA MILESTONES NRC MILESTONES t

Required dates for submittal of a y~a~/IssueddraftStandardFormatandContentof license application.

V License Applications for Near-Surface Disposal of Radioactive Waste (3/86). j Ge Issued Standard Format and Content guide, v NUREG-1199(1/87). Sc/ Issue modification of Standard Format and v Content guide. NUREG-1199 covering alternative disposal methods (1/88). 1 l NUREG-1213 17

Implementation of Section 5(e)(1)(E) Concerning Transmitting and Publishing State Certifications (Appendix A, p. A-6, 99 Stat. 1853, and Figure 9) Section 5(e)(1)(C) directs that by January 1, 1990, an application for a license to operate a low-level waste disposal facility be filed, or the Governor of each affected non-sited State must certify that the State will provide disposal capacity after December 31, 1992. Under Section 5(e)(1)(E), NRC must transmit any such certification to Congress and publish it in the Federal Register. If the non-sited State or Compact Commission has relied on certification to - meet the 1990 milestone, it must file a license application by the January 1, 11992, milestone. Under Section 5(e)(1)(D), NRC must determine that any such application filed with the NRC is complete. If a State or Compact determines that it will not be able to submit a complete application, or if the.NRC or cognizant Agreement State agency sees that it will probably be unable to find by January 1, 1990 that a submitted application is complete, the affected State Governors will have to provide a certification to meet the milestone. Approach Taken Because a Governor's certification will have to be determined to be sufficient for the purpose of meeting the 1990 milestone and levying penalties or paying rebatc;, Congress may ask NRC to comment on each such certification to assess whether the planned State actions described are likely to result in the timely licensing and development of adequate storage or disposal facility capacity. The NRC may determine in advance, as a policy matter, specifically what role it intends to take upon receipt of a certification and to prepare a guidance document identifying NRC's role, how certifications will be processed, and the criteria by which NRC will judge the adequecy of the certification. NUREG-1213 18

Figure 9 Sections 5(e)(1)(E): Transmitting and Publishing State Certifications 1998 l 1987 l 1988 l 1989 l 1990 l 1991 ) LLRWPAA ACTIONS NRC ACTIONS LLRWPAA MILESTONES i:RC MILESTONES ' Gi Unsited States / Compacts must file license lA Identify the extent of NRC actions (10/87). Y application or written certification must be provided Io the NRC that the State will Gs identify procedures for submitting provide for the storage, disposal. or V certifications. ( management of its own waste. l-NUREG-1213 19

) l l Implementation of Section 6(a) Through (e) Concerning Granting Emergency Access 4 (Appendix A, p. A-7, 99 Stat. 1855-1857, and Figure 10) Section 6 authorizes the NRC to grant emergency access to any non-Federal low-level waste disposal facility, if necessary, to eliminate an immediate and serious threat to the public health and safety or to the common defense and security. Under Section 5(e)(2)(A)(ii), if certain prescribed actions have not been taken by a State, generators within that State may be denied access to the existing low-level waste disposal facilities beginning on January 1, 1987. The NRC may be requested to provide emergency access any time after that date. Upon receipt of a request for emergency access, the NRC must determine within 45 days whether access is necessary and that the threat cannot be mitigated by I any alternative consistent with the public health and safety. If NRC grants the request, it must then designate an appropriate disposal facility or facili-J ties to receive the waste. The LLRWPAA also provides for temporary access, extensions of access, reciprocal access, and approvals by the Compact Commissions. j l Approach Taken j The following NRC actions directly follow from the LLRWPAA and will be addressed by NRC in a rule that is under development. (1) Identify any required certification or information that must be submitted I with a request for energency access. (2) Establish the review procedure and the criteria that will be used to make the required determination within the 45 days provided in the LLRWPAA. (3) Establish a procedure for designating a non-Federal site to receive the waste. (4) Establish criteria for acting on requests for extensions of emergency access. (5) Establish criteria for granting temporary emergency access. To help ensure that generators and States understand at an early stage that the requirements for emergency access will be stiff, the NRC published a Notice of Intent to Promulgate Regulations in the Federal Register on January _ 15, 1987 (52 F_R 1634), to alert the public to these plans (Appendix H). NRC staff plans to promulgate the proposed rule in the fall of 1987 and the final in the fall of 1988. The legislative history of Section 6 indicates that Congress intended emergency access to be granted only under very rare circumstances. The history indicates that emergency access was not intended to be viewed by States as available as a, alternative to meeting the n.ilestoner in the Act. It was to be granted only r.s a last resort and after all available alternatives, including but not limited to those set out in 6(C)(1)(B) of the LLRWPAA, had been thoroughly explored and dismissed because they would not adequately protect the public health and safety or the common defense and security. I NUREG-1213 20 1

In drafting the proposed rule, NRC staff is reflecting and emphasizing Congress' concerns. Plans are to require thorough documentation that emergency access is necessary. NRC staff has identified additional alternatives and is planning to require that these alternatives be considered by potential applicants in evalua-ting their need for emergency access. The proposed rule will not permit the-public health and safety or the common defense and security to be compromised, but NRC staff expects that once the rule is implemented, approvals of requests for emergency access will be quite difficult to secure. ) i There are a number of States and generators that might request emergency access. State, Local and Indian Tribe Programs in coordination with the Regional State Liaison Officers and the Division of Low-Level Waste Management and Decommissioning, Office of Nuclear Material, Safety, and Safeguards, will continuously monitor progress being made by the States to reach the various milestones. Accordingly, NRC staff will try to identify those States and generators that might request emergency access, so as to be better prepared to receive the State's request for emergency access. Figure 10 Section 6(a) through (e): Granting Emergency Access 1986 l 1987 l 1988 l 1989 l 1990 l 1991 LLRWPAA k k k ACU6NS NRC ACTIONS 4 LtRWPAA MILESTONES hRC MILESTONES ("t/ Trigger dates

  • for denying access to A Issued Notice of Intent to Promulgate y existing sites:

Regulations (1/87). X (ii) ii) e Publication in Federal Register of Proposed 1/1/F' - Sec. 5 g ( Rule establishing criteria and procedures ] 1/1/89 - Sec. 5 3/1/90 - Sec. 5 y for evaluating requests for emergency access (10/87), Issue Final Rule (8/88). cNote: These dates do not correspond in all cases, to the milestone dates most frequently associated with the LLRWPAA. The reason for this is that NRC staff are using the dates established by the LLRWPAA for denying access to existing disposal sites as the " trigger dates" for pcssible receipt of requests for emergency access. (The LLRWPAA sets out four major milestones that must be niet by the States in developing their low-level waste disposal capability. If States fail to meet either of the first two milestones, access to the disposal facilities is not immediately cut-off but continues for the limited period of time specified by the LLRWPAA. As provided by the LLRWFAA, generators in States which fall to comply with the Act cannot be denied access to existing f acilities for 6 months af ter the first major milestone has passed and for a year af ter the second.) NRC is using the dates when access can be denied for purposes of planning the development of the emergency access rule. NUREG-1213 21

Implementation of Section 7 Concerning DOE's Annual Report to Congress (Appendix A, p. A-9, 99 Stat. 1858, and Figure 11) Section 7(a)(1) requires DOE to provide technical assistance to those States and Compacts requiring assistance to carry out the LLRWPAA. This assistance is to include, among other things, technical guidelines for site selection; alter-native disposal technologies; volume reduction options; health and safety con-siderations in the storage, shipment, and disposal of low-level waste; and the establishment of a computerized data base. Financial assistance also is to be provided through fiscal year 1993 under Section 7(a)(2). Section 7(b) requires the Secretary to prepare and submit to Congress an annual report which, among other things, is to: summarize the progress of siting and licensing activities in each Compact region; review available volume reduction technologies and their applications, effectiveness, and costs; review interim storage requirements, usage, and costs; summarize intra-and interregional transportation requirements; and project interim storage and final disposal volume requirements in each region for each upcoming year. No NRC actions are specifically required. Approach Taken NRC staff has provided and will continue to provide DOE with information. NRC staff is participating in the development of DOE's computerized data base on low-level saste management and will have a continuing interest in the accuracy and currency of the data. Given the two agencies' it.utual interest in coopera-tion for accurate and up-to-date information, NRC staff will have to exercise care to ensure that this interest does not compromice the arm's-length relation-ship the staff will need to maintain with 00E as a prospective licensee. NUREG-1213 22

Figure 11 Section 7: DOE's Annual Report to Congress 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1996 1996 W W' W WW W W' W AT NS NRC ACTIONS ' LLOWPAA MILESTONES NRC MILESTONES . k innual Report to Congress. No specific milestones, l I 1 i l 23

'l i Implementation of Section 8 Concerning Alternative Disposal Methods (Appendix A, p. A-9, 99 Stat. 1858, and Figure 12) Section 8(a) of the LLRWPAA requires thati J Not later than 12 months after the date of enactment of the Low-Level Radioactive Waste Policy Amendments Act of 1985, the Nuclear Regulatory Commission shall, in consultation with the States and other interesttd persons, identify methods for the disposal of low-level radioactive waste other than shallow land burial, and establish and publish technical guidance regarding licensing of facilities that use such methods. Further, Section 8(b) of the LLRWPAA requires that within 24 months of enactment, again in consultation with States and other interested persons, the NRC is to identify and publish all relevant technical information that an interested State or Compact must provide to NRC on these alternative methods and the tech-j nical requirements they must meet. Any further requirements or guidance in addition to 10 CFR 61 are to be specified and published in a manner deemed appropriate by the NRC. Approach Taken In December 1986, the staff published a branch technical position, NUREG-1241, " Licensing of Alternative Methods of Disposal of Low-Level Radioactive Waste," for which a Notice of Availability (see Appendix I) was published in the Federal Register on January 6, 1987 (52 FR 397). This position identifies what tTe staff considers to be the principal alternative disposal technologies. The position reflects comments made by States, Compacts, and other interested parties who had been asked in the earlier draft position to identify any addi-tional disposal methods. The draft position was published March 6, 1986 in the Federal Register (Appendix I) (51 FR 7806). The NRC staff also consulted with States and Compacts during a workshop on alternatives held June 24-25, 1986, in Bethesda, Maryland. Proceedings for this workshop were published as NUREG/CP-0085, " Meeting With States on the Low-Level Radioactive Waste Policy Amendments Act (LLRWPAA) of 1985." By January 1988, the Standard Format and Content guide and the Standard Review Plan for a license application will be revised to cover two selected alterna-tives to shallow land burial. The two alternatives to be covered are disposal ontions that appear to have the greatest interest for development and which incorporate cement materials with earthen covers. These alternatives include below ground vaults and earth-mounded concrete bunkers. Addit'onal alternatives (e.g., above ground vaults, mined cavities, and augured holes) will be addressed by the NRC staff in the future as staff resources permit and in response to the interests expressed by States and Compacts. I NUREG-1213 24

l l Figure 12 Section 8: Alternative Disposal Methods - 1M6 l19M l 1M7 l1988 l 1989 l 1990_ l 1H1 l 1M2 l 1M3 LLRWPAA S S ACTIONS NRC ACTIONS i llRWPAA MitESTONES NRCMILEJTONES I NRC must, in consultation with States and Ga Draft Branch Technical Position on Licensing other parties, identify and issue technical V of Alternative Methods issued in federal licensing guidance. Register (3/86). (T/ NRC inust, in consultation with States and a Workshopheld(6/86). v other parties, issue technical requirements and application content guidance. Published Branch Technical Position NUREG-1241, " Licensing of Alternative Methods of Disposal of Low-Level Radioactive Waste" (12/86). GD Revise Standard Format and Content guide V (NUREG-1199)andStandardReviewPlan (NUREG-1200) to cover alternatives to shallowlandburlal(1/88). 1 i 'l i NUREG-1213 25 4 l I ___________a

Implementation of Section 9 Concerning Establishment of a License Review Capability (Appendix A, p. A-9, 99 Stat. 1859, and Figure 13) Section 9 of the LLRWPAA requires that the NRC and Agreement States consider a disposal facility license application in accordance with applicable law, except that they are to: (1) Establish procedures and develop the technical capability for processing applications by January 1987, and q (2) To the extent practicable, complete all review and processing activities, except for the public hearing, within 15 months of receipt of the -) application. j Further, Section 9(3) of the LLRWPAA requires that to the extent practicable, NRC and the Agreement States, as appropriate, shall consolidate all required technical and environmental reviews and public hearings associated with the licensing of a low-level waste disposal facility. A_pproach Taken j I NRC staff responded by developing NUREG-1200, " Standard Review Plan for the j Review of a License Application for a Low-Level Radioactive Waste Disposal 1 Facility" (January 1987). This review plan, noticed in the Federal Register on January 30,1987 (52 FR 3068) (Appendix G), defines the tEhnical reviews required for processing a license application. By January 1988, the Standard Review Plan will be revised to cover alternatives to shallow land burial. The Environmental Standard Review Plan (NUREG-1300) was published in April 1987 (noticed in the Federal Register on May 6, 1987 (52 FR 16968) and attached as Appendix J). With the use of such standard review pTans and by maintaining proper staff levels and training of the staff, NRC staff will be able to ~ process a license application within 15 months of receipt, provided that the application is complete and follows the guidance provides in NUREG-1199, " Standard Format and Content of a License Application for a Low-Level Radio-active Waste Disposal Facility," and Regulatory Guide 4.18, " Standard Format and Content of Environmental Reports for Near-Surface Jisposal of Radioactive Waste." 4 NUREG-1213 26

l i Figure 13 Section 9: Establishment of a License Review Capability 1996 l 19M l 1M7 l 19M l1M9l1990 l 1M1 l 1M2 l 1M3 h k T 7 LLRWPAA ACTIONS NRC ACTIONS LLRWPAA MILESTONES NRC MILESTONES NRG (or 1,greement State) must establish ga 5tandard Review Plan (NUREG-1200) for shallow procedures and technical capability for V land burial available to States / Compacts (1/87). processing license applications. Environmental Review Plan (NUREG-1300) published 4/87 Da Develop technical requirements for alterna-UC Standard Review Plan revised for alternatives y tives to shallow land burial [$ection 8(b)]. V to shallow land burial available to States / Compacts (1/88). Submit license application to hN or Agreement State Procedures and technical capability established far alternatives to shallow land burial. l l NUREG-1213 27

Implementation of Section 10 Concerning Radioactive Waste Below Regulatory Concern (Appendix A, p. A-9, 99 Stat. 1859, and Figure 14) Section 10(a) of the LLRWPAA requires that by July.1986, 1 the Commission shall establish standards and procedures, pursuant to i existing authority, and develop the technical capability for con-sidering.and acting upon petitions to exempt specific radioactive waste' streams from regulation by the Commission due to the presence l of radionuclides in such waste. streams in sufficiently low concentra-I tions or quantities as to be below regulatory concern. The LLRWPAA further requires [Section 10(b)] that the NRC identifies the I -information required to be submitted in support of such rulemaking petitions and that the NRC makes its determination in an expeditious manner. ~ Action Taken NRC's responsibilities under Section 10 were met with two parallel efforts. OneLeffort established standards and procedures by means of a Commission Policy Statement and an accompanying staff implementation plan which were published in the Federal Register on August 29, 1986 (51 FR 30839) (see Appendix K). Public comment was requested by the end of October 1986 and 13 comment letters were received. A second effort addressed NRC staff's technical capability to act on rulemaking petitions filed in response, The Policy Statement and implementation plan describe the information petitioners should file, the decision criteria the NRC will use, and the administrative pro-cedures the NRC will follow. As a practical matter, the primary information for justifying and supporting rulemaking petitions on waste streams must be supplied by the petitioner if the NRC staff is to act in an expeditious manner. A co.mpu-ter code, IMPACTS-BRC (NUREG/CR-3585, Volurre 2, "De Minimis Waste Impacts Analysis Methodology"), is identified as an acceptable analytical approach. The concept of "below regulatory concern" includes restrictions on the method of disposal (e.g., acceptable if sent to a municipal landfill). Rulemaking will be limited to wastes common to multiple licensees. Individual licensee proposals will continue.to be processed on a case-by-case basis under 10 CFR 20.302. The decision criteria are based in part on international prac-tices. The Policy Statement was followed by an Advance Notice of Proposed Rulemaking published December 2, 1986 (51 FR 43367) (Appendix K). The Notice requested public input on what type of genW ic rulemaking might provide a more efficient and effective means of accomplishing the provisions of Section 10. l The public comment period ended March 2, 1987. Over 90 comment letters were received. Developing the technical capability involves two staff efforts. The first effort involved adapting tne computer code IMPACTS-BRC to the personal computer j and publishing a draft users guide for the code. The guide was published in July 1986 as Volume 2 to NUREG/CR-3585. The second effort is the development of a review handbook. This document will cover project management and will identify analytical tools, references, and the type of review needed. It also will describe the type of documentation needed by NRC to process the petitions. NUREG-1213 28

j Figure 14 Section 10: Radioactive Waste Below Regulatory Concern 1986 l 1986 l 1987 l 1988 1989 LLRWPAA ACTIONS NRC ACTIONS LL WPAA NILESTONES NRC MILESTONES G NRC Comission to establish standards and Ta/ NRC issues Policy Statement which establishes \\ the required standards and procedures. Tech- . v procedures and technical capability for l acting in an expedited manner on petitions nical capability also established. to exempt specific waste streams from NRC e End of public comment period on Policy regulation (7/86). Statement. Oc AdvanceNoticeofProposedRulemaHng), published in federal Register (12/2/86 V o End of public comment period for Advance Notice of Proposed Rulemaking (3/2/87). GE Decision on whether to proceed with generic v rulemaking. Begin generic rulemaking (if necessary). Complete generic rulemaking (if necessary). l 4 NUREG-1213 29 i i

I APPENDIX A LLRWPAA 1 )

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APPENDIX B FEDERAL REGISTER NOTICE ON HIGH-LEVEL WASTE DEFINITION I

l 59g2 Tederal Register / Vol. 52, No. 39 / Friday February 27, 1987 / Proposed Rules NUC1 EAR REGULATORY COMMISSION 10 CFR Part 60 Definition of "Hgh Level Radioactive Weste* A0ssacy: Nuclear Regulatory Commission. ACTsoec Advance notice of proposed rulemaking. eUMMART:The Commission has previously adopted regulations for disposal of high. level radioactive wastes (HLW) in geologic repositories (to CFR Part 60). The Commission intends to modify the defutition of HLW in those regulations so as to follow more closely the statutory definition in the Nuclear Waste Policy Act of 1982 (NWPA). In this advance notice of proposed rulemaking(notice) the Commission identifies legal and technical consideratiorts that are pertinent to the dennition of HLW and solicita public comment on alternative approaches for developing a revised definition. DAT1ss: Comment period expires April 29,1987. Comments received after this da te will be considered if it is practical to do so, but assurance of consideration can be given only for comments received on or before this date. Aposusses: Send coinments or suggestions to the Secretary of the Commission. U.S. Nuclear Regulatory Commission. Washington, DC 20555. Attention: Docketing and Senice Branch Copies of comments receised and of documents referenced in this notice may be examined at the NRC Public Document Roorn.1717 H Street NW., Washmston. DC. Cepies of NUREC documents may be purchased i through the U.S. Cos ernment Printing Office by callmg (202) 275-2000 or by writing to the U.S. Government Printing Office. P.O. Box 37082, Washington. DC 2001b7062.Copiirs of NUREC and DOE documents may also be purchased from the National TechnicalInformation l Senice. U.S Department of Commerce, 5285 Port Royal Road. Sprmgfield. VA j 22261 FOft PURTMER INF08tHATMN COPrTACT:W. Clark Prichard. Division of Engineering Safety.Ofta of Nuclear Regu! story B-1

Federal Register / Vol. 52, No. 39 / Friday, February 27, 1987 / Proposed Rules 5933 Research. U.S. Nuclear Regulatory The first statutory use of the term used for preparing HLW for disposal. It Commission. Washington. DC 20555, "high level radioactis e waate" occurs in includea the following definition: telephone (301) 443-7t48. the Marine Protection. Research, and 3, g,,,..high level radioactive waste" i SUPPLEMENT ARY letFORM Atlose Sanctuaries Act of 1972 (Manne means the high level radioactive waste which L Introduction and Background Sanctuaries Act). Congress adopted the was produced by the reprocessing at the j Appendix F definition, but broadened i,. Centeraf spent nuclear fuel. Such term Radioactive wastes contain a wide to include unreprocessed spent fuel as includes both hquid wastes which are variety of radionuclides,'each with its well.8 Two years later, the AEC wa8 prodaced directly in reprocessing. dry solid own half.hf and other radiological abolished and its functions were divided matenal derived from such liquid waste and characteristics.These radionuchdes are between the Energy Research and such other rnatsnal as the Commission present in concentrations sarying from Development Administration (ERDA, designates se high level radioactive waste for extremely high to barely detectable One now the Department of Energy, DOE) purposes of protecting the pubhc health and type of waste, generated by and the Nuclear Regulatory Commission,, r,,7 s j reprocessing spent nuclear fuel. contains (NRC or Commission) by the Energy both long-l ved radionuclides which Reorganization Act of 1974. Pub. L 93 The Commission has not yet l pose a long term hazard to human 438,42 IJ.S.C. 5811. Under this designated any "other material" as health and other, shorter. lived nuclides legislation, certain activities of ERDA HLW under the West Valley Act. which produce intense levels of were to be subject to the Comraission's Rather,it has construed the term in a { radiation. This combination of highly. licensing and regulatory authonty. manner equivalent to the 10 CFR 50, concentrated, short-lived nuclides Specifically. NRC was to exercise Appendix F definition. That is, it is the together with other very long. lived bcensing authority as to certain nuclear liquid wastes in storage at West Valley nuclides has historically been described reactors and the following waste and the dry solid material derived from by the term "high level radioactive facilities: solidification activities that are regarded w astes"(HLW). There has long been a N Facihties used pnmarily for the receipt as HLW, and it is DOE's plans with recognition that such waste materials and store e of high4evel radioactive wastes respect to such wastes that are subject require long term isolation from man's resuhing nnn schvnies hcensed under the to the Commission's review. R e}be ur' face Storage facilities B. Current NRCregulations. The biological environment and that,in view of pubhc health and safety and other facthties authonzed for tb express Commission has adopted regdations considerations, disporal of such wastes purpose of subsequent long term storage of that govern the licensing of DOE should be accomplished by the Federal high levet radioactive waste generated by the activities at geologic repositories for the government on Federally owned land. Administration (now DOEl. which are not disposal of HLW, The regulations define This policy was codified by the Atomic used for, or are part of. development activities,research and HLW in the jurisdictional sense. That is. Energy Commission ( AEC) in 1970 in ggg g g,, ,, g Appendix F to to CFR Part 50. Although neither the statute nor the "HLW" as contemplated by the Energy A. Previous use of the term "HLW."In legislative history defines the term Reorganization Act, the prescribed Appendix F. HLW was defined in terms "high level radioactive waste," carher procedures and criteria would apply.' of the source of the material rather than usage of the term in Appendix F and the The appropriate definition for this its hazardous charactenstics. Marine Sanctuaries Act is indicative of purpose draws upon the understandmg Specifically. HLW was defined as the meaning. The Commission so in 39 4. as reflected in Appendix F and those aqueous wastes resulting from construed the statute when it declared the Marine Sanctuaries Act, rather than the operation of the first cycle solvent spent nuclear fuel to be a form of HLW Qxtraction system or equivalent. and the and, by the same token, when it found the words of the West Valley Act of more limited purpose and scope, concentrated wastes from subsequent transuranic contaminated wastes not to extraction cycles, or equitalent. m a be HLW ' It should be emphasized that NRC.s facility for reprocessing irradiated A different statutory formula appears existing regulations in Part 60 do not vesctor fuels." As used in Appendix F. in the West Valley Demonstration require that any radioactive materials. 'high level waste" thus refers to the Project Act (West Valley Act). enacted whether HLW or not, be stored or highly concentrated (and hazardous) in 1980. This legislation authonzes the disposed of in a geologic repository. waste containing sittually all the fission Department of Energy (DOE) to carry product and transuranic elements out a high level radioactis e waste a 5,c em Pub t. swea. 42 U s C tozia note (except plutonium) present in irradiated management demonstration project for ' NkC rgulatier.: are codified in to Cl"R Part 63 reactor fuel The term ooes not include the purpose of demonstrating IP""

  • DOE "9"'"d '" "'" ' 3"""" '"

incidental wastes s esulting from solidification techniques which can be 7/,C'/oEs'lcn"h'o'ry 'oh.* o*n's'm. reprocessing plant operatwns such as i no 3 A poiosie npo.nory op.renon. m. is son exchange beds, sludges. and dr*'d '* " '* * ""I * 'h'Y~

  • hh ", '"""

p,,, gog7ggyog;,3. 3,,vi would also under the contaminated labor 8 tory items, cloth,ng. same reasonms be ouiside the Appendin F de med as a facibly sub!ect to NRC bcenom i 'g " %"p7$" ^$'j, E %y tools, and equipment. Neither are definition. d Pudioactive hulls and other irradiated a $cc. 3. Pub.1. s2-s22 as emended by Pub L e3-HLW. #but la se follows end contaminated fuel etructural 254 twel. ss U.S C iso: mish level radioactive wesie or mLw" means hardware withm the Appendix F ' Sec 201 Pub. L eM36. 42 U S C se42 Nuclear (1) trrediated reactor fuel (2) hqmd westes resuites definition.'

  • " ""s'ma' "' Pa *ld *' **

6** 'h* *P"a" *' th' 'i 'F'8' h '"' subsequenth transferred to the Department of entrechen system. or equivalent. and the Enerst Seca 203(all81. 30hst F,.b. L es-F142 concentrated mastes from subsequent entraction U S C. 71331aits). ristle) cycles or equhalent. in a facihty for reprocesses

  • See 34 FN st June 3. toop inonce of propose: 8 rulemakms), as 7% trs30 et tr$32 Nosember 14.
  • Pmposed General Statement of Puivy.

treadi.ned reactor fuel and (3) sohes mio which tv c (final rute) in,idental mesies sentrated m %cenoms Procedures for Geologic Repositories fur such hquid westes have been converted. lcther tresiment of HLW le. deconsommax d seit Esh isvel Radioactive W asies " 43 Mt s3aus. 'in the esent that commercial repeacessins of eth enidual achutice on *he order of 1 s00 nCvs $36'O. November 1t 1s"& Rrport to Comsress. media'ed reactor fuelis pursued. Appendia F of to Co-13r 30 nCDs St-co. pCi!s Pu. as described in

  • Resulanon of Federal Radioactive % soie CFM Peri 50 mould require thet the resulims the Department of Energy's FTJS on lons term Acimties." NUPIG-os27 tis-'s). 2-1. 2-2. Appeadin reprocesses musies be transferred to a Federal manasement of defense HLw et the Sasannab Rner C.

m pos. tory B-2

I i 5994 Federal Register / Vol. 52. No. 39 / Friday. February 27. 1987 / Proposed Rules Nor do they provide that radioactive products in sufficient concentrations; A. Clause /A) materials must be itLW in order to be and Clause (A) of the NWPA definition of eligible for disposalin a geologic (B) Other highly radioactive material. W reten to wanes Wuud h repository. Part eu expressly provides that the Commission. consistent with IIr NRC review and hcensing with E' "" "8 ' P'"' "" "' respect to any radioactive meterials that existing law, deternu,nes by rule requirea is essentially identical to the rmar,ent isolation it should be noted that the NWPA fo P rt o au '( h ver repos ory a hon ed a salof HLW. The term "high-level radioactive does not requi13 that materials regarded different in one respect. ne NWpA as HLW pursuant to this defimtion be wording would clasify solidified waste"in Part 60 identifies the class of facihties subject to NRC jurisdiction. di8 posed ofin a geologic repository, repmcessing waste as HLW only if such The Commission has also adopted Indeed. the NWPA directs the Secretary waste "contains fission products in regulations related to land disposal of ( f DOE) to continue and accelerate a sufficient concentrations"- i phrase low. level radioactive wastes (10 CFR Prograrr. of research, development and that may reflect the possibilty that Part 61). Based on analyses of potential investigation of alternative means and liquid reprocessing wastes may be human health hazards, these regulations technologies for the permanent disposal partitioned or otherwise treated so that identify three classes oflow level cf liLW.*

  • Part 80 and the change' some of the solidified products will radioactive wastes which are routinely discussed in this notice would allow for contain substantially reduced acceptable for near. surface disposal, c nsideration of such alternatives by the concentrations of radionuchdes.

with " Class C" denoting the highest Commission. Nevertheless, the NWPA radionuclides concentrations of the three. does not specifically euthorize DOE to The question, then, is whether Class C does not. however, denote a construct or operate facilities for Cornmission should (1) numerically maximum concentration limit for low, disposal by alternative means. and new opsfy the concentrations of fission level wastes. The low. level waste legislative authonzation might be products which it would consider category includes all wastes not needed m order to dispose of18 W by .' sufficient" to distinguish IILW from otherwise classified. while HLW is means other than emplacement m a non-HLW under Clause (A): or (2) define currently defined by source (rather than deep geologic repository. FILW so as to equate the Clause (A) ggg concentration or hazard) and is limited II. Considerations for Defining "Ifigh-traditionally been regarded as ifLW. to reprocessmg wastes and spent fuel. Level Radioactisi, Waste" Thus, there is no regulatory hmit on the

1. Numerically Specifying concentrations of LLW. and some LLW Wastes which have historically been Concentrations of Fission Products (exceedmg Class C concentrations) may referred to es ifLW li e.. reprocessing have concentrations approaching those wastes) are mitially both intensely The first option c.onsidered is to

' ien {"nh.d reprocessing wastes m of HLW. These are the wastes which the radioactive and long lis ed. These of np Commission wishes to evaluate for wastes contam a wide variety of Liqui possible classification as HLW. The radionuclides. Some (pnncipally Sr-90 Appendix to this notice presents ar.d Cs-137) are relatively short lived significant amounts of non radioactive information on the volumes and and represent a large fraction of the salts, and removal of these salts prior to characteristics of wastes with radioactwity for the first few centunes waste sohdification may be desirable radionuchde concentrations exceedmg after the wastes are produced. These i r both economic and public health and the Class C concentration hmits. (This nuchdes produce significant amounts of safety reasons. Removal of salts in this Appenda was prepared in 1985. DOE is heat and radiation, both of which are of way would result in a sma!!er volurne of currently carrymg out a study of"above concern when disposing of such wastes. highly radioactive wastes, which might Class C" wastes which will update the Other nuclides including C-14.Tc-99. I-reduce the cost and radiological impacts information presented here.) 129 and transuranic nuchdes, have very associated with transportation and C. Nuclear Woste Pohey Act of war. long half hves and thus constitute the occupational handlms of those wastes The Nuclear Waste Policy Act of 1982 longer term hazard of the wastes.Some hautheless, any salts removed from { (NWPA). Pub. L 9"-425. proviaes for the of these nuchdes pose a hazard for liquid ifLW would retain residual desclopment of repositories for the sufLciently long periods of time that the amounts of radioactive contaminants. disposal of high lesel radioactive waste term "perrnatnent isolation" is used to By ntabbshing numerical hmits on the and establishes a program of research. desenbe the type of disposal required to concentrations of fission products the des etopment, and demonstration isolate them from man's environment. Commission would be identifying those regardmg the disposal of high. level The Commission considers that these wastes from reprocessmg that require j radioactive waste

  • The NWPA follows.

two characteristics. intense d2sposalin a deep geologic repository or with some modification the text of the radioactivity for a few centunes its equivalent.ne proper classification West Valley Act. For purposes of the followed by a long-term hazard of the salts discussed above would then NWPA. the term "high-level radioactive requiring permanent isolation, are key be made on the basis of the numerical waste" means: features which can be used to hmits on radionuclides concentrations ( A) ne highly radioactive material distmguish high level waates from other and the selts would be disposed of resulting from the reprocessmg of spent waste categones, accordingly. In other cases. certam nuclear fuel. includmg hquid waste The NWPA identifies two sources of radionuddes may be removed from the produced directly in reprocessing and liLW.each of which is discussed bulk hquid reprocessing waste (as has { any sobd matenal derived from such separately in the following sections been done in removmg cesium and i liquid waste that contains fission strontium frorn wastes at Hanford). raising sirrJlar questions about the ' Sec 2t121 Pub L s -40.5. 42 U 5 C 101mit:) classification of the remaining wesie 8 For purposes of the NWPA

  • sperit nuclest fuel" Sec sti$1 also authonaes the Commission io is dwunsuished from %sh levet radioact we waste.*

classify censin radioachve malenal as low lesel and acceptable methods of disposal for tmiit.e peevisions of the statuie deshns with such '* d ** c t * * *'s these reasons. there would be merit its i spent nucicer fuel see not of preseni concern

    • sec 2:1 Pub t. s*-4:s 4: t:5 C mx2 numerica!!y specifying the B-3

_ _ ___-__ _-_-_ A

1 I y \\ F-deral Register / Vol. 52. No. 39 / Friday. February 27, 1987 / Proposed Rules 5995 j l concentrations of radionuchdes m stabihzaten of the Hanford " tank" waste " requires permanent isolation" if sohdified reprocesses wastes which wastes (see DOE /EIS4113. March, it cannot be safely disposed of in a would distinguish HLW from non-HLW, 1986). most or all of the disposal facihty less secure than a repository. (Clause (A) refers to sohdified waste "facihties" for those wastes would need The Commission will determine which "that contams fission products in to be licensed by the NRC. mastes require permanent isolation by sufficient concentrations." No mention

b. Retaining the traditional cisSniurm evaluating the disposal capabihties of is made of the long-lived transuranic for purposes of Clause ( A) does not limit alternative,less secure disposal radionuchdes which are also present in the Commission's ability to establish at facilitieP Any wastes which cannot liquid reprocesdng wastes but. since the some later date criteria to define wastes be safely disposed of in such facilities transuranic constitute the predominant that require the isolation afforded by a will be deemed to require permanent long. term hazard of reprocessing 8 deep geologic repository or its isolation and. If also highly radioactive, wastes. such nuchdes must be equivalent. That is, wastes requiring would be classified as high. level wastes considered as wellin definin8 such isolation could be identified by The approach which the Commission reprocessing wastes that should be terms other than "high level".

proposes to pursue to determine which regarded as HLW. With this view, a numerical cleasification of sohdified B. Clouse (B) wastes requires permanent isolation wdl be an extension of the to CFR rart el i wastes under Clause ( A) could be Clause (D) of the NWPA authorizes waste classification analyses and will denved in the same manner, and the Commission to classify "other highly censist of the followsrig steps. contain the same concentration hmits, radioactive matenal"(other than

a. Establish acceptance criteno.10 as the numerical definitions developed reprocessing wastes) as HLW if that CFR Part 61 currentfy contains under Clause (B). Denvation of matenal " requires permanent isolation."

performance objectives for disposal of concentration limits under Clause (B) is The Commission considers that both scussed m the fonowing section of this characteristics (highly radioactive and I ty T e e o o e ves requiring permanent isolation) must be will serve as acceptance critene for

2. Traditional Defirution present simultaneously in order to waste classification analyses, but might classify a material as HLW." Each of The alternate approach is to define need to be supplemented for specific ilLW so as to equate the category of

}hese charactenstics is discussed in tum types of facilities or wastes.ne Part 61 Clause (A) wastes with those wastes in the following sections. performance objectives may also need w hich have traditionally been regarded L Highly Radioactis e to be supplemented to accommodate as HLW under Appendix F to 10 CTR any environmental standards for non. Part 50 and the Energy Reorganization The Commission proposes is t HLW which may be promulgated by the Act.The advantage of this option is that c nsider a material ' highly radioactive.. U.S. Environmental Protection Agency j if it contains concentrations of short. the term HLW.etains its utihty in pursuant to its authority under the lived radionuchdee in exceu of the definmg the facihties that are subject to Atomic Energy Act of1954, as amended. NRC licensmg. That is, all matenals that Class C hmits of Table 2 of 10 CFR Part have traditionally been considered HLW

61. Such concentrations are sufficient t
b. & fine disposolfacility, ne hazard for purposes of the Energy produce significant rad ation levels and which a radioactive waste poses to Reorganization Act would also be to generate substantial amounts of heat.

pubhc bealth depends. in part, on the regarded as HLW under the Nuclear Mo eover, the Class C concentration nature of the facility used for its ) Waste Pohey Act. The disads antage is hmits for short.hved nucbdes disposal. Thus, a nference disposal that some matenals might contmue to approumste the actual concentratac,ns Md4 less - h a nWW needs to be defined in terms of the I full within the HLW classification even of those nuchdes present in some charactenstics which contribute to though they do not require the degree of existmg reprocessmg wastes (see isolation of wastes from the isolation afforded by a repository. They NUREG-0946. Table 4) environment. For land disposal w ould be called "HLW" even though the

2. Permanent Isolation facihties. such characteristics might hnical commumt> might not so regard The phrase permanent isolation *' b include depth of disposal, use of NWPA is much less subjective than is engineered barriers, and the geologic.

1 Other Considerations Regardm8 " highly radioactive." Withm the context hydrologic and geochemical features of Clause ( A) Option 5 of NWPA. " permanent isolation" clearly a disposal vie. The Comminion would add two imphes the degree of isolation afforded

c. Choroc terne wastes. Wastes will i

observations regardmg the options by a deep geologic repository.is Thus, a be charactenzed in terms of the factors i d:scussed above. which determme their hazard and j behavior after disposalincludmg

a. Development of a definition under u ne commi.. on would noi rind i.nat,i, the 1

Clause IA), as suggested by the first usument that e emenal rmira permanent option woul

  • 'l* boa **"*' " " h'8% '*d"*"v" h ""d N wem 'mpositorf m== *nr system ken **d Commission,d not alter the e existing authority to for permanent mole, tion correlates with nbe tensth of b> the Cc.armanece that se suended to to used for g,,,,,,,,,,i,3i,,,,,e henardous tons hatf-or mer.be used Ear. the permanen: deep seolosic license DOE waate facihties. iricludmg h u m turn. corni te wut k, rather en h sh d.po. i of high ieval eedioactive w.i and speni i

defense wastee facdities. under the les ela of ridioact*> nuclear fuet. whethe, or not euch eyniem in deersned Energy Reorganization Act of19"4 " Mi r'f'"nc** 'prUPosele" by the to pertnit the recovery. tar a knuted panoa durms IERAl. AnI classifiestion of wastes as C**"""""I"'*"""'"**N' ""'*I'P'"os of any in iensis paced e euch formai propossla wili tw developed unhi comanente opstem $uch term incJudes both surface and non4fLW on the basis that they do not .,,,,c,a.d in niponn to this nonce sub.urf.ce erase si which his* level reductae contain " sufficient concentrations" of " Tbe NWpA indudes h fatic'wmg dermitions waste and spent nuclear fuei handimg scevmes rv fission products would be irrelevant in The term disposat" means the emplacement m a conducied determming whether such wa tes must "P=' art al h'sM *3 ra dioar" ** * 'P'.a' '* Tha** faca'a 8m8 ' m*ie..e of miermed,.ie h be disposed of m bcensed disposal nucieer fuel, or other hishly redmacuse sianer al depth bunal or vanous engifteenng menares such with no fornenhie uuent or recover > whether or ...ntruder b rner.. io.ccocninoo ie. i = rth facihtWs for chample,if DOE were to nei.uch emp; c,n,en, p,,,,,, in,,,w,,ry of such redsonuchde concenersiione unsua.t.le for dispc.1 pursue its proposal for in place .uie t.> eh.new tend t=mt B-4

5996 Federal Reg ster / Vol. 57. No. 39 / Friday, February 27, 1987 / Proposed Rules 8 i physical and chemical forms of the uncertainties involved, the Commission under pyovisions of the Energy I waste, the radionuchde concentrations proposes to select a hypothetical Reorganization Act. Some technical and associated radiological alternative disposal facihty which will amendments would be needed to characteristics, the waste volumes, and serve as the basis Dr carrying out weste preserve the jurisdictional provisions of the heat generation rates. The wide classification analyses. existing Part 60.-l.e., to indicate that range of types and characteristics of Previous analyses by the NRC Part 80 applies to the DOE facilities wastes arising from industrial. (NUREG-0782. draft EIS for 10 CFR Part describedin sections 202(3) and (4) of biomedical and nuclear fuel cycle

61) suggest that disposal facilities with the Energy Reorganization Act, and for sources makes this a particularly > critical characte-istics intermediate between that purpose the proposed defmition of step in the waste classification shallow land burial and geologic HLW would not be controllmg.

process--especially for wastes to be repository disposal may be most generated in the future (e g., effective in protecting against short. term A conceptual. revised definition of decommissioning wastes), radiologicalimpacts associated with liLW could be stated as fo!!ows: i j

d. Develop ossessment methodology.

inadvertent intrusion into a disposal "H gh level radioactive waste" or "HLW" Analytical methods (includmg facihty. These " intermediate" facilities means. it) trradiated reactor fuel. (2) hquid i mathematical models and computer may be much less effective in providmg wastes resultmg from the operation of the i codes) for projecting disposal system enhanced long-term isolation of very first cycle solven; extraction sptem. or performance will be acquired or long hved radionuclides. If this equivalent, and the concentrated utes from developed. For land disposal facilities, prehminary view is supported by subsequent eatraction cycles. or equa alent. such methods include models of subsequent analyses. wastes with in a facihty for reprocessing irradaated i groundwater flow and contaminant concentrations above the Commission's reactor fuel. pl sohda mto w hich such hquid transport. An assessment methodology current Class C limits for long-lived wastes hne been converted. and sohd also includes descriptions of the natural nuchdes (Table 1 of10 CFR Part 61) radioactive wastes from other sources. and human initiatec8disruptive events or would require permanent isolation. In provided such sohd matenals contain both processes which er. 'significantly the following sections, the Commission long hved radionuchdes in concentrations effect disposal sys, a performance as wiu assume, for the sake of Illustration. eucedmg the values of Table 1 and short-well as the analytical means for that Table 1 is an appropriate ined radionuchdes with concentrations etaluating the impacts of such events or interpretation of the term " requires esteedma the values of Table 2 processes. permanent isolation."

e. Eva/uote disposal system performance. The performance of the
3. Conceptual Definition of "High Level TABLE 1 alternative disposal facility will be waste

, Concentra-evaluated to estimate the pubhc health The Commission proposes to Classify nadionocide tion' (Ci/ i l hazards from disposal of various types wastes as HLW under Clause (B) of the en ) s i and concentrations of wastes. llatards NWPA defmition only if they are both below the acceptance criteria of item (a) highly radioactive and in need of

c. 3 4..

I sbove indicate an acceptable match of permanent isolation. As discussed c.34 m eet metat,. e so waste type and disposal option. Wastes above. the Commission considers that N $9 in act metal... 220 which cannot be safely disposed of in wastes should be considered to be Nt>-94 in act metal.. 02 the alternative facihty will be classified highly radioactive if they contain Tc-99.. 3 as requiring permanent isolation. concentrations of short lived 1-129.. 0 08 A practical difficulty with classifying radionuchdes which exceed the Class C Alpha emitting TRU, I w > 5 yr....y 8100 wastes as described here is that hmits of Table 2 of to CFR Part 61. The Pu-241.. '3.500 alternative disposal facihties are Commission also assumes. for Cm-2a 2.. ...l 820.000 currently unavailable. Thus, illustrative purposes, that the classification of wastes in this manner radionuclides concentrations of Table 1 ,gm o, gn,,ure of radionucices is present. a i et a mat ,,et,ons rule a to be apphed for requires many assumptions about the of Part 61 are appropriate for identifying each tabte The concentration of each nucide performance of nonexistent disposal the concentrations of long-hved es to be omded by sts limit. and the resstmg faciht es Such analyses willinevitably radionuclides requiring permanen e tractions are to be summed if the sum eo involve substantial uncertainties. isolation. Sohdified reprocessing w astes QS, gN r b tn tases. tre wam o class-It is also possible that no alternetis e would similarly be classified as HLW disposal facihty will ever be needed for only if they contain both short and s w s are nanocunes per g am commercially-generated "above Class long hved radionuchdes in C" wastes (Disposal of such wastes is a concentrations exceedmg Tables 2 and TABLE 2 Federal, rather than State. 1 respectively. responsibihty.)Because of the overhead it is assumed that a revised defmition Concentra. costs of developing and hcensing new of HLW would appear in the definitions nadionucide tionyCi/ Iscihties. the relatively small volumes of section of Part 60. and that the materials such wastes, and the low heat encompassed by the defmition would be genershon rates of some of these subject to the containment requirements N"63. 700 wastes, it might prove most economical of that regulation. It would also serve N+-63 m act metal.. 7.000 to dispose of all such wastes in a incidentgily to define the materials f,j3{~" repository. Nevertheless, the covered by DOE's waste disposal Commission recognizes a " chicken.and. contracts. nis definition would apply i t, a mature of radionucices es present. a egg" prob!cm here. Untd wastes are only to wastes dicposed ofin a facility sum of the tractions ruse es to be appieed for classified as HLW or non HLW,it may licensed under Part 60. As discussed each table The concentraleon of each nuclede be difficult for the DOE to make elsewhere in this notice, there would be 's to be ontded by its linut. and the rmiting decisions regardmg appropriate types of no alteration of the Commission's 'M"c'n."$NtaEN UaN iIc as*U c disposal facilities. Therefore, despite the authority to license disposal of HLW tied as Htw B-5 1

Federal Register / Vol. 52 No. 39 / Friday. February 27. 1987 / Proposed Rules 5997

4. Status of wastos not classified as responsible for generstmg such waste controversy and heigation. The NWPA yfLW The Nuclear Waste Fund is to be funded addresses these concerns by The NWPA. the Lcw Level with moneys obtained pursuant to estabbshing a Federal resoonsibihty to contracts entered into between the provide for the construction and Radioactive, Waste Pohey Act and the Commission a regulations in to CFR Part Secretary of Energy and persons who operation of a geologic repository.

61 currently classify wastes as low-generate or hold t tle to high level leavingundehned (Le. to the discretion lever if they are not ederwise radioactive waste, of the Commission) the classes of classified as high-level wastes or certain Thr statute addresses the particulars materials that require permanent other types of materials (e g. ursniwn of contracts with respect to spent isolation in such a facility. Whatever mill taihngs). Classification of sertain nuclear fuel and sohdified high-level materials they may be, however, they wastes as HLW. under Clause (B) of the radioactive waste derived from spent must be transferred to DOE for disposal; NWPA definition would reduce the nuclear fuel used to generate electncity and the prescas responsible for amount of waste classified (by default) in a civihan nuclear power reactor. lt generatmg the waste must enter into { as LLW and. more importantly. would furtherlimits the authonty of the contracts with DOE which provide for Commission to issue or renew bcenses payment of fees sufficient to offset i estabhsh a distinct. concentration. based boundary between the two classes of for utihzation and production facilities-DOE's costs of disposal. Existing facihty I i.e., for present purposes, nuclear licensees were required to enter into W 88'*- If this conceptual defmition of Clause reactors and reprocessmg plants-such contracts by June 30,1983. unless the persons using such facilities The Commiseion believes that the l (B) were adopted, ceitsin wastes with have entered into contracts with the purpose of the NWPA can best be ] radionuclides concentrations above the Secretary of Energy. accomplished if all the highly Class C limits of to CFR Part 61 would i The absence of any reference to radioactive wastes generated by facihty not be classified as HLW because they materials licensees (e g, fuel fanncators, licensees (reactors and reprocessing do not contain the requisite combination some research laboratories suggests plants) which require permanent of short. and long-hved nuclides. These that the Nuclear Waste Fund was not isolation are covered by waste disposal wastes would continue to be classified miended to apply to % activities. As contracts with DOE.This wouht assure as special types oflow-leve wastes as result, there co id be a quesuon if the that DOE can and will accept snalogous to DOE's " transuranic" waste Commission were to define materials possession of such wastes when category. Any such wastes generated bF bcensees' waste as hyh-lesel waste-necessary. Further. in the absence of defense programs would cont nue to fall because the waste might thereby such assurance the basis for under DOE s responsibihty for disposa!. become inebgible for disposalin a Commiss;on confidence that these and no NRC licensing of facilities repository. The reason is that the law wastes will be safely etored and ) intended solely for their disposal, such prohibits disposai of HLW in a disposed of would be subject to question as the Waste isolation Pilot Plant repository unless such waste was even if concerns about the disposrJ of lWIPP). would be awhorised. covered by a contract entered into by the licensees' spent ouclear fuel had As provided by the amendments to lune 30.1C83 (Sr the date the generator been laid to rest. Accordingly. if there the Low Level Radioactive Waste Pohey or owner commences generation of or are any highly radioactive materials Art.8' the Federal government is takes title to the waste iflater). Few (other than those previously regarded as responsible for disposal of all contracts have been entered into with HLW) that are Benerated by facility commercially-generated "abos e Class matenals hcensees except those who licensees and that require permanent C" w astes. it is contemplated. unoer the are also facihty bcensees. Thus. it can isolation. the Commission beheves that, amendments. that the NRC would be be argued that the Commission should to, p.sposes of the NWPA. they should responsible for bcensing the facilities for refrain from designating as HLW. undet be regarded as "high. level waste." The their d.sposal. The Commission would Clause (B).88 materials generated by Commission has reviewed the terms of continue to permit disposal of wastes materials licensees. DOE's standard waste disposal contract contaming naturally-occurnng or The Commiseson is not persuaded by and beheves that classifymg such accelerator. produced metenals in such an argument. The statutory additional materials as HLW would hcensed facilities provided there was no language dealing with the Cornmission's require no chariges to the contract terms. unreasonable risk to pubhc health and classification of materials as HLW C. haphcotions wnfi respect to safety. refers solely to considerations relating disposo/ methods Under the Atomic Ill. Legal Considerations Related to the to the nature of the wastes, and the Energy Act of 164, the Cornmission is Nuclear Weste Policy Act character of the beensee generatmg or euthorced to establish such standards owning the waste to simply not relevant. to govern the posst saion of bcensed I The exercise of NWPA Clause (B) If there are good reasons to treat that nuclear materials as it may deem authority may give rise to a number of waste from materials licensees as HLW. necessary or desirable to protect legal questions which are discussed the Commission regards e as hkely that healthF Under this authority, the below. any statutory impediment to the Commission may classify matenals A. Disposolof waste generated by acceptance of such waste at a geologic according to their hazards and may materio/s hcensees. The NWPA repository could be modified. prescribe requirements for the long-term established a Nuclear Weste Fund B. Confidence regardeg disposal management or disposal thereof. It is composed of payments made by the copocity for power mactors. The not necessary to label materials as HLW generators and owners of"high-level availabihty of waste disposal facihties under the NWPA in order to require radioactive weste"(includmg spent fuell for wastes generated at commercial their d.sposalin a geologic repositor) or j that will ensure that the costs of power reactors has been the subject of disposal wiP ' e bome by the persons other suitably permanent facihty. ) The Commission exercised this 1 a ne scie., w..ie hnd. so.e ned b, sec-authonty with respect to concentrated a Lowlswel Radioethve w este Polwy sa: Pub L trws c U.S C.10;;u De croh.binon A endme a Act of 1986 Pub L aNea Sec. s 42 of d el i HtW not wered by timely contracts B-6 l

59ge Federal Register / Vol. 52. No. 39 / Friday. February 27, 1987 / Proposed Rules reprocessing wasics by specifying in possession of source, special nuclear. Nevertheless. as already noted.10 Appendix F to to CFR Part 50. that any and byproduct material at a geological CFR Part 60 contemplates that "other such wastes generated at licensed repository.The regulations would radioactive maierials other than HLW" f:cilities are to be transferred to a accomrr.odate the disposcl of any may be received for ernplacement in a Fsderal repository for disposal. More radioactive materials, including spent geologic repository. This provisien of recently, the Commission classified fuel, reprocessing wastes, or any other Part eo would not be altered by esrtain low-level weetes as being matenals which could be disposed ofin expanding the definition of HLW. Part generally acceptable for ne.ar surface accordance with the specified 60 provides that waste package disposal (to CFR Part 61). On the basis performance objectives. requirements for such wast s will be of further consideration, the Cornmission Materials categorized as high level determined on a case-by-case basis could specify appropriate disposal waste are subject to e containment when these wastes are proposed for means for wastes exhibiting requirement (l 60.11310)(1)(i)(A)) and to disposal. Thus, it might be determined, radionuclides concentrations greater that specified waste package design criteria on the basis of technical considerations. those defined in Part 61. Thus, the and waste form criteria (t 30.135 (a-c)). that certain naturally occurring or Commission need not exercise NWPA These critena apply to wastet accelerator produced radioactive waste Clause (B) authority in order to assure characterized by the presence oliission materials present hazards similar to that radioactive wastes from licensed products generating substantial amounts licensed materials that are defined as activities are disposed of properly. of heat at the time of emplacement, but high !evel waste and that such material Moreover, the identification of.ma terial with much reduced heat generation after should be dispo ed ofin a geolegic es HLW under Clause (B) would not by decades or a few centuries.8' The rule repository developed under NWPA. If itself mandate that such material must also explicitly provides that design so. plans for such disposal can be be disposed of in a geologic repository, criteria for waste typ s other than HLW reviewed under Part 60 and the Since the NWPA authorizes only a will be addressed on an individual basis Commission could impose such single method of permanently isolating if and when they are proposed for packaging or other requirernents as HLW-geologic repositories-disposal in a geologic repository appropriate to protect public health and classification of materials as HLW may (160135(d))-

safety, effzetively preclude disposal of such

!! additional materials were to be wzstes by other meens. Nevertheless. designated as high level waste, the IV. Issues on Which Public Comments the Commission's regulations will Commission would need to consider are Particularly Sought. continue to leave open the prospect of whether the existing repository design The Commission invites comments on disposal by other means if Congress critens are appropriate with respect to all the issues identified in this notice should so authorize, such materials-and any other issues that might be D. Relationship to State role. Section F. Apphcobihty of HL W defmition to identified. However, comments (with 3 of the Iew level Radioactive Waste naturally occurrmy and occelerotor-supportive rationale)in response to the Policy Act (LLRWPA). Pub. L 9&573. 42 produced rodioactne materials. Cla use following would be pa rticult,rly helpful. U.S.C. 2021b., enacted in 1980, defines a (Bl of the NWPA provides that the 1.Two options are presented for Siste responsibility to provide, pursuant Commission may extend the defmition defining reprocessing wastes under to regional compacts, for the disposal of of the term "high-les el radioactis e " low level radioactive waste (LLWP' waste" to include matenal requinns Clautie (A) of NWPA. The first option Such waste is defmed to mean permanent isolation only where this is propor,es to defme the " sufficiency" of fission product concentrations in " radioactive waste not classified as " consistent with existing law. The I enlidified reprocessing wastco in a high level radioactive waste, applicable existing law is the Atomic manner analogous to its treatment of transurame waste, spent nuclear fuel. or Energy Act of 1954. under =6 'he .. highly radioactive" and " requires by. product matenal as defined in Commission has authonty to regulate tection perrnanent isolation" under Clause (B) of1954,11.e.(2) of the Atomic Energy Act the possession and use of " source matenal." "special nuclear material,. (i e.. by examining the hazards posed b) wastes if disposed of in facihties other The Low.Letel Radioactive Waste and " byproduct material." There are Policy Amendments Act of 1985. Pub. L other radioactne materials. however; than a repository).The second option interprets Clause ( A) as encompassing 9&240. 42 U.S C. 2021c.. hmited the naturs!!y occurnnJt radionuchdes, such all those wastes which have heretofore range of LLW for which the States must as radium, and accelerator prodwced been considered hsh level waste under provide disposal capacity. Specifically. radaonuchdes. These are not covered by Appendix F to 10 CFR Part 50 and the the States are not responsible for wastes the Atomic Energy Act and hence there Enern Reorgamzation Act. Which of with radionuchde concentrations in woi.id be no statutory basis, consistent these two approaches is preferable? excess of the Class C hmits of10 CFR with custing law. for the Commission to p at 1e. 2 Part et. Instead, the Federal pos ernment require that they be disposed of at e, iss on p now assumes responsibihty for facihties hcensed by the Cwnmission or p la d f 10 providma disposal capacity for such otherwise to reg; late their possession or con t at on ich are westes. Thus, class.t: cation of above nse. Accordmgly, no legal basis exists Class C" wastes as HLW or non.HLW fer the Commission to classify such 8g '" ,. I0[E 3 .p d or will hase no impact on State matenals as HLW or non.HLW. government responsibilities Would an alternative set of concentration limits be preferable? If so. E /mpact on existmg techmcof ,e ne commise.on e npecoren that Hi w how shodd such hmits be derived? criterio. NRC e regulations in Part 60 mig,,n,,si, e,n,ricerti sir ounis of heet is include technical criteria to be apphed rer.ected in the d.scussion of trer.sureme weste in 3 The Commission proposes to equate in licensing DOE's receipt and the noi.ce of pmposed ruiemekms on the rer, so the " requires permanent isolation' techmcat cruene 4e n sus 4 lug s twt wordmF of the NWPA definition with a Reduction of the best load for enemple 19 removal level of long term radiological hazard

  • e Sietes are nei responsible for d.sposal of L.L w of csemm is' end errontium so. could result m
  • warc. nd d,.si defense actmtice or f ederal different contamment requirement es P Es196 requiring disposalin a geolog.IC Imm stomic ener riorment acimi.es lune si iena tr.nei ruiel repository. Are the Commission's B-7

Federal Registe? / Vol. 52. No. 39 / Friday. February 27. 1987 / Proposed Rules 5999 proposed analpes appropriate for waste under the first optian. demonstrate how their proposals meet these identification of concentrations Commissioner Asselstme requests enteria for various specific near surface requiring permanent isolation? public comment on how this disposal methods.

4. Although, under section 121 of reclassification would affect the NRC's

^ *** d*d' cation system was also instituted in A regulau n which estabbshes NWPA. no environmental review is licensing authority over the long-term thm classes of waste suitable for near-required with respect to the definition of storage or in situ disposal of the IILW. the Commission would welcome Hanford waste tanks. Commissioner C t ncentrat p ular identification of any e. environmental Asselstine also requests comments on radionuclides were estabbshed for each consequences associated with the whether there are alternative waste class, with the highest hmits bems for matters discussed in that notice. approaches to achieving the stated Class C.The concentration hmits were

5. Some waste tnaterials, such as purpose of this advanced notice of estabbshed based on NRC's understanding certain laboratory wastes or some proposed rulemaking of identifying (at the tune of the rulemaking)of the seeled sources, may be highly wastes subject to the provisions of the characteristics and volumes of low level concentrated. yet contain only relatively NWPA without altering the traditional waste that would be reasonably espected to small total quantities of radioactive definition of high level waste and thus 6e per 2000. as well as potennal daposal

"h d materials. Is there a need for a special creating this potential for confusion. The Cless C concentration linuts are provision (e.g., a minimum total quantity of activity)before a waste should be List of Subjects in to CFR Part 60 applicable to all potential near-surface 08Posal systems. howes er, the calculations ciassified as IWy . High-level wa ste. Nuclear power performed to estabhsh the hmits are based on

6. What difficulties (legal-plants and reactors. Nuclear materials, postulated use of one near-surface disposal administrative, financial. or other)

Penalty. Reporting requirements. Waste method shallow land bunal The Class C would an expanded definition of IILW treatment and disposal. hmits are therefore conservatne smce dere cause: in implementing the provisions of mey be other near-surface disposal methods Authority: The authoney citanon for this that have greater confinement capabihi) (and the NWPA? document is Sec.161. Pub L 83-?o168 Stat. s h' sher costal than shallow land bunal. ,.The Commission. regulations do 948, as amended (42 U.S C 2:011 not generally require that any particulat ne regulation states that waste exceedmg type of waste be disposed ofin any Dated at Washmgton. DC. this :oth day of Class C concentration hmits ia considered to ripecified type of f acihty. Would such 9 February 1987. be "not generally acceptabfe for near surface requirement be repropriate? Tor the Nuclear Repletory Commission. &sposal." where this is ddined in i el.55(a)

8. As discussed in this notice, the Samuel l. Chi'.L.

as " waste for which waste form and disposal d 8' Commission has no legal authority io Sevetary of the Commission.

      • d' h'n t$esp"e

,,,m df is classify natura!!y occurring or Appendix-Volurnes and Characteristics of C waste." Thus, waste exceedmg Part el accelerator produced radioactn6 wastes Excee&ng Class C Concentration concentrations generally has been excluded materials (N ARM) as HLW or non' Limits from near-surface disposal and is being held ilLW. Nevertheless, such materials may for a number of } ears NRC has had an in storage by hcensees (ha amounts to less be presented for disposal at f acilities ongoing program to deselop reg.ilanons and than 1% of the approximately 3.0%ooo ftsof licensed by the Commission. When the entena for disposat oflow lesel radioachve c mmerciallow. level waste annually being Commission carnes out its proposed waste. At the ume this prog am was mitiated. generated ) Given the current absence of anal)ses to identify "other highly there was a well documented need for presentme requirements for disposal of ) radioactive material thet... requires cotuprehensive national standards and w as'.e excee&ng Class C concentration 4 permanent isolation." should NARM be technical cntena for the d.sposal of low level hmiis. the regulation allows for evalueuen of included in the analyses? waste.The absence of sufhcient behrucal specific proposals for &sposal of such wasta

9. Are there issues other than those standards and entena w as seen to be a maior on a case-by case basis.The general entena identified m this notice which the d"^' th' '2 ting of new disposal to be used m evaluatus *Pec10c proposa!a

] I Commission shoulg consider in facdthes by states and compacts. are the part el performance Objectnes A significant milestone m this p ogram was contained in Subpart C of ' ie regulation doeloping approaches to implement its the promulganon of the regu! anon to CFR Current NRC activitier.aclude analytes of { sueontp Part et ("Licensmg Requirements for land low. level waste that eneeds Class C Separate Views of Commissioner Disp salof Radioactne Waste")on concentration hmits ;o determine the exter.t December 27.1982 (47 FR $r446) This to which alternative near surface disposal Asselstine regulanon estabbshes procedural s) stems (e g toncrete bunkers. augered ) Commissioner Asse!stine is concerned requirements. insututional and fmancial holes. deeper &sposal) may be suitable for about the potential for creating a requirements. and overall performance safe disposal of such waste. These analpes confusing situation if the Commission obiectnes for land disposal of rs&oactn e include a more detailed character.zation of were to adopt the first option under waste. where land dispmal may include a physical. chemical. and radiolog. cal j Clause (Al The first option is to number of possible disposal methods such os characiensues of wastes that may be c!cie to j mined cavines. engineered bankers. or or exceed Class C concentration hmits as numerically speedy concentrations of shallow land beal This regulaw sl o well as development of imprmed methods for j fission products in defining high. level contains technical cntena (on site suitabdity. modehng the radiological and economic wastes Under this approach. it is design, operation, closure, and waste form) tmpact of dispesel of these wastes. A related conceivable that material considered which are apphcable to near surface activity is development of more specinc high level waste for the purposes of disposal. which is a subset of the broader guidance for design and operation of licensing under the Energy range ofland disposal methods Near.surfa:e alternative near surface and other land Reorganization Act of 1974 will also be disposelis defined as disposalin or within dispossl eystems nese activities represent a j considered low les el waste for the the upper 30 meters of the earth's surface. continuation of the part st rulemaking 1 purposes of the Nuclear Weste Policy and may include a range of possible process as discussed in the December 2. techniques such as concrete bunkers or 1982 notice of the final part el regulat on (47 Act (NWpA) of 1982. Wastes presently shallow land burial The Part et regulation is FR Sr646). being stored at the Hanford w aste tanks, intended to be performance onented rather wastes exceedmg Class C concentrations which have traditionally been classified San prescriptne. with the result that the part are projeciec' to be generated by nuclest as high-les el wastes. would likely be et technical critene are wntien in relatnely power reactors and other supporting nuclear reclassified as above Class C low-level general terms. allowmg apphcants to fuel cycle facihties, and also generaied by B-8

i 6000 Federal Register /_Vol. 52, No. 39 / Friday. February 27, 1987 / Proposed Rules ,adimsotope product snanufacturers and and used to mske neutron flux 16590. Apcil18.1983 for the terms of the l other faciblies and hcensees outside of the measurements ) contract ) Acceptance of the spent fuel by nuclear fuelcycle Such wastes can be Large quantities of actis sted metul wastes DOE imple et,r.eptance of the activsted grouped as follows. are projected to be generated in the future as hardware along with the fuel rods. with the -plutoniurn.corilammsted nuclear fuel cycle a part of reactor decommissioning Shadies by resuh mat disposal of the hardware would NRC (NUREG/CR-0130. addendum 3 and intntwically be a Federal rather than a Siste ,g,, -Actiuted meta!s NUREG/CR-0672. addendum 2lindscate that respo mbihty. Disposal responsibihty over 99% of the waste volume that is -Scaled sources becorses less clear if hcensees, seekmg more -Radioisotope product rosnufactunna pro ected to result from nucler power reactor eff cient onsite storage. consohdated fuel decommissionmg will not exceed class C thesiseld* concentration hmits and the 1% that is ~ h * * ' Seoledsources. A number of discrete Plusomum contaminated nuclear hel cyde projected to exceed these,,hmite wdl besealed sources have been fabricated for a ,;,,,,,;;,g,g,,,g,,,, g,,,e,,, aosres These wastes are bems generaled structure Conservative estimates presen'?d variety of medical and industnal from Iwo principal sources One source of in these studies indicate that packeged appbcations. includmg irradiat on devices. mante ern es from operations supporting the quantities of decommissioning wastes 80'siure and density gauges, and well-nuclear fuel cycle-i.e. postartadiation exceedmg Class C concentration hmits will loggmg gauges Each source contaires only i rad:ochemical and other performance total about 4700 fts for a large (1175 MWe) one or a hmted number of radiomotopes. analyses of spent fuelrods from nuclear pressunzed water r* actor (pWR) and about Scaled sources can range in activity from a operations generate about 200 h,These 1660 fts for a large (1155 MWe) boihng m ater few milbonths of a cune for sources used in reactors le g4' burnup studies) of reactor (BWR). Much smaller quantities of home smoke detectors to several'.housand plutonium.contammated wasic per year, wastes exceedmg Class C concentration cunes for sources used m radiotherapy inuch of which is bohewed to esceed Class C hmits on also be generated from future irradiators Scaled sources are produced m concentration hmsta. This waste consists decommissioning of test. research. and several physical forms, includmg metal foils. sohdified liquids and other suhd matena education reactoro metal spheres. and metal cylmders clamped auch as scrap. tranh. and contammated Another.virce of activated metal wast

  • is onto cables The larger sictivity scaled equiprnent Eses.tual decom ssion.ng of the expected to ann as part of consohdation of sources typicall> consist of granales of a

t o af spent fuel assemblie. 8or storage and/or rad oactive matenals encapsulated m a metal nu e pec ed o gene a weste solumes a portion of which is disposal. Spent fuel asse.cbbes now bems such as stamless steel penodically discharged from 'uclear power Scaled sources are generally quite small rspected to esceed Class C concer.tratmn reactors are stored m on site fue? storage physically. Even sourtee contaming several p The second source of waste anses from pools Each assembly is composed d a large cunes of activity have physical dmwnsions f.,c! rs cle licensees % ho have preuously number of fuel rods ar anged m a reckngular which are normally less than an inch or two been ai.thonzed to use plutoruum m research arr,ay. and held in place by spacer gnds. tie in diametei and 6 mches in length. These and development of adunced reactor fuels roas. metal end fittmgs. and other dimensions are such that, like activated Nune of these hcensees is unmg plutonium 'n'scel!aneous hardware. One option under n.etals. sealed sources may be considered to new and there is no prospect m the consic'eration. for long term waste storage be a umque form of low-level wasta. foreseeable future for such artisities. In fact. and eventual disposalis to remove this Charactenzing sealed sources in terms of each of the hcensees m this category has hardware form the fuel rods This allows the radionuchde concentration certainly appears either decommissioned. or is in the process of fuel rods. which contam the fission products to be of less utahty than charactennns sealed decommissionmg its facib'y. Some of the which are of pnmary sterest in terms of sources in terms of source actint), ha ensees have made contractual geolog'c repository disposal to be Depending upon the applicatiorL sealed consohdated into a smaller Volume. This arror gements to transfer their sources may be manufactured usms a variety de;ommissionmg waste to DOE for enables more economical storage and easier of different radioisotopes A review of the retneuble storage Approximately S.000 to handhng for transport and disposal. Th' NRC acated source registry was conducted to 10m)It' of waste, howeser. is protected to hardware, which 's composed of various identify those source designs which may be generated on a one time basis that will not types of corrosionesistant metal such as contain radioisotopes in quantities that might be covered by contract inconel or zircalloy. becomes a second waste esceed Class C concentrat on hmits. ne i Actnotedmeto!s Activated metals are stream which couid potentially be safely typic lly generated as a result of long-term disposed by a less ampensive method than a pnncipal possibihties appear to be those containmg cesium-137, plutonium-238. neutron bombardment of rnelais formug the geologic repository' structure or mternal components of a nuclear Dased on information from DOE IDOE/ pIut murn437 end amenciumm W cesium sources are generally used in reactor used for power production. RW@on September,1964) about 12 kg of radmisotope production. or other purpose waste hardware would be generated per irradiators and while some large sources can je g, education, testmg. researth). Actnoted BWR fuel assernbly, and about 26 kg per range up to a few thousand cunes most nici.] westes are unh' e most other westes PWR fuel assembly. Assummg 200 fuel s hich are sold appest to contam m the s teng senerated m that the radionuchdes asembhes are replaced per year per large neighborhood of 500 cunes Cesium-137 is a form part of the actual metal matna rather 1000 NW e) DWR, roughly 240r kg of acta ated beta /gsmma emitter hevmg a half hfe of 30 thin bems m: sed with large volumes of other. metal hardware would be genersted per year years. which suggesta that special packagmg nonradioactive matenal such as paper. cloth per large BWR. and about 1700 kg per PWR. and disposal techruques can be readily or resms Radionuchde retrane is pnncipally An approumste compacted volume :s on the developed for safe near surface disposal of parrned b) the material corrosion raie, and order of 50 ft*/yr per large reactor. or about suurces contammg this isotope. for most rractor metals of concern h g, 4.000 ft*/yr over the enta mdustry The remaining three isotopes are alpha sta:n;ess steel). the corrosion rate is quite Dependmg upon parameters such as the fuel emitters and are longer hved. Sources low irradiation history and the hardware manufactured uama these /sotopes can range To date, only a small fraction (about 200 ete rnental composition, particu!ar pieces of up to a few tena of cunes. although most that fa$/)t) of the activated metal waste currently separated hardwere may of may not exceed have been sold appear to be much less than bemg generated by nuclear power reactors Class C concentration hrnits. one cune in attength Plutomum-239 sources has been idenhfied as exceedmg Class C Other than perhaps a few isola:ed cases, are not comruonly manufactured. Plutonium-concentrahon hmits Such waste appears to all of the spent fuel assembhes are bemg 236 sources have been manufactured for use pnmanly consist of m core matrumentation stored by hemisees with the hardware still as nuclear Satteries for appbcatione such as wha h is no longer seruceable. An example ottached UMer the provisions of the NWpA. heart pacemakers Plutonium 238 has also of this w este is a reactor flux wire which is operators of nuclear power plants have been used in neutron sources although pbs sically small but may be high m actinty, entered mio contracts with DOE for neutron sources currently hemg M flos mire is a wire that is mserted mio a acceptance by DOE of the spent fuel for manufactured generally contain arrencium-tube runninb ihe length of the reactor core storage and eventual disposal. (See sa FR 241 Arneticwm 241 is also used in a wide B-9

Federal Register / Vol. 52. No.' 39 / Friday February 27, 1987 / Proposed Rules 6001 m venety of other industnal opphcations such are dithcult to project. However, it is as hit level gauges beheved that the largest volume of this waste - Neutron sources produce neutrons for consists of sealed sources which cannot be applications such as reactor staP r well recycled. plutonium 238 and amencium-241 logging. mineral exploration, sna cht mal source manufacturing scrap and waste calcium measurement These sources contaminated with carbon 14 contain alpha enitting radionuclides such as Sealed sources as a waste form are americium-241 plus a target matenal discussed above. Manufacture of large (generally bery; tium) which generates plutonium 238 and americium-241 sources is neutrons when bombarded by alpha concentrated in only a few facihties from i particles. Neutron sources can contain up to which the seneration of waste exceedmg approximately 20 cunes of activity. Class C concentration hmita is beheved ta { tt is difficult to protect potential weste total only a few hundred it8 per year, sealed source quantities and activities, since Approximately 10 ft 8 per year of carbon 14 sealed sources as wastes are not routmely waste is generated as a result of generated as part of heensed operations. In radiopharmaceutical manufacturing addition. sealed sources only become waste Other wastes. Although the above when a decision is made by a heensee to discuned wastes are beheved to be the j treat them as such. In many instances sources principal westes that are expected to exceed J held by hcensees mey be recycled back to the. Class C concentration hmits, other wastes manufacturer when they are no longer usable, may occasionally also be generated. For and the radioactive macenal recovered and example, relatively small quantities of such j fabncated into new sources. Finally, source wastes are currently being generated as part manufacturers are hcensed by the NRC and of decontamination of the Three Mile Islend. NRC Agreement States to manufacture 6 Unit 2. nuclear power plant. However these ] particular source design up to a specified wastes art being generated as a result of an 1 radioisotope cune hmit. Most actual sources, accident, are therefore considered abnorinal. however, contain activities considerably less and are bems transferred to DOE under a 1 than the design lumt. memorandum of understanding with NRC. NRC staff estimates that hcensees Wastes exceeding Class C concentration j currently possess approximately 10.000 limits and generated as part of the West encapsulated sources having activities above Valley Demonstration Project are also being a few thousandths of a cune and containir's transferred to DOE for storage pending amenclum 241 or plutonium-238. Given the disposal. hypothetical case that all these sources were Scaled sources and other waste containing condidates for disposal. the total discrete quantities of radium 228 may also consciidated source volume would be only exceed Class C concentrauon hmits. Products 4 about 35 ft 8. After packaging for shipment, containing radium-226 have been l however, the total disposed waste volume inanufactured in the past for a variety of would te significantly increased. The total industrial and medical a ppbcations. Such activity contained in the sources is estimated wastes are not regulated by NRC but to be approximatch 70.000 curies. occasionally have been disposed at hcensed W I I** M i* Radioisotope product manufacturing

  • W """ugaung"the impacts of cumnt invu wastes. Wutes exceedmg Class C dispose of such waste in order to provide concentration, hauts are occasionally guidance to States and other interested generated as part of manufacture of sealed

""I sources radiopharmaceutical products. and other matenals used for industnal. educational, and medical applications. [FR Doc. 8N129 Filed 2-26-87. 8 45 am] Volumes and charactenstics of such wastes anweso coos tsaa.ows i 1 B-10

i i l APPENDIX C i MIXED WASTE I Introduction Commercial low-level radioactive waste, as defined in the LLRWPAA, is regulated by the NRC and NRC Agreement State programs under the Atomic Energy Act, as amended. Hazardous waste, as identified in 40 CFR Part 261, is regulated by the U.S. Environmental Protection Agency (EPA) and EPA authorized states under the Resource Conservation and Recovery Act (RCRA), as amended. Certain low-level waste may also contain chemical constituents which are hazardous under EPA regulations. Such waste is commonly referred to as mixed low-level radio-i active and hazardous waste, or mixed waste. NRC regulations control the radio-logical component (byproduct, source, and special nuclear material) of the mixed waste; EPA has the authority and continues to develop regulations to control the hazardous component of mixed waste. However, when the components are combined to become mixed waste, neither agency has exclusive jurisdiction. This overlap of agency jurisdiction has led to a situation of dual' regulation where both agencies, NRC and EPA, regulate the same waste. Jurisdictional Issue Compliance with dual regulation is possible if the requirements are compatible. However, there are legislative and regulatory differences between the two agencies which are perceived to make the regulation of mixed waste complex and burdensome for both regulatory agencies and licensees. The principal differ-ences between the two agencies that need to be addressed in order to resolve the issue of dual or conflicting jurisdiction are summarized below: 1. Overall Performance Requirements: 10 CFR 61: Design waste migration to stay within dose limits at disposal site boundary. Maintain effluent releases as low as is reasonably achievable (ALARA). Provide protection to inadvertent intruders following loss of institutional control over the disposal site. Design and operate the disposal facility to achieve long-term stat ility. j RCRA: Design for no migration from disposal unit for as long as the waste remains hazardous. 2. Overall Design Requirements: 10 CFR 61: Minimize contact of water with waste during disposal and contact of standing water with wastes after disposal. Design minimum need for active maintenance of disposal cells. C-1

RCRA: Install two or more liners, leachate collection, and treatment system. Such a system could result in waste contact with standing or percolating water. Also may result in-long-term and active maintenance programs. 3. LLRWPAA and RCRA Schedules: LLRWPAA: Sets forth milestones with stringent financial penalties for not meeting them. Require states and compact regions to develop and submit siting plan by January 1988. RCRA: Also establishes deadlines, but does not impose sanctions for I -failure to meet them. Location standards still developing with completion currently scheduled for September 1988. Studies on Mixed Waste The NRC has sponsored several studies in an effort to better understand the problem of mixed waste. The Brookhaven National Laboratory and the Oak Ridge National Laboratory provided technical assistance in these efforts which are summarized in the following documents (see Appendix D for ordering information from the U.S. Government Printing Office). 1. An Analysis of Low-Level Wastes: Review of Hazardous Waste Regulations ) and Identification of Radioactive Mixed Waste. Final Report, i NUREG/CR-4406, December 1985. j 2. Management of Radioactive Mixed Waste in Commercial Low-Level Wastes, Draft Report for Comments, NUREG/CR-4450, January 1986. j I 3. Document Review Regarding Hazardous Chemical Characteristics of Low-Level j Waste, Final Report, NUREG/CR-4433, March 1986. j l 4. Nonradiological Groundwater Quality at Low-level' Radioactive Waste Disposal j Sites, Final fieport, NUREG-1183, April 1986. j 5. Evaluation of Potential Mixed Wastes Containing Lead, Chromium, Used Oil, or Organic Liquids, Final Report, NUREG/CR-4730, January 1987. The significant conclusions from the above studies are: 1. There are three potentially mixed waste streams generated by academic, biomedical, industrial, and reactor waste generators: (i) waste containing organic liquids; (ii) lead-containing waste; and (iii) chromium-containing waste. These waste streams make up less than three percent of all low-level waste materials and less than one-tenth of one percent of all hazardous waste shipped for disposal in 1984. 2. Mi0 ration of hazardous chemicals including lead, chromium, toluene, and xylene into groundwater at the Sheffield Low-level Waste Disposal Facility (not operating) and the Barnwell Waste Management Facility (operating) is at or below detection limits or at background levels. C-2

L 3. Recent compliance sampling at the Hanford Low-Level Waste Facility j '(operating) shows no hazardous materials in groundwater attributable to the disposed radioactive waste. ' Current Status Since May'1986,.the NRC and EPA staffs have been working together'towards an

administrative resolution of the dual jurisdictional issue.

The efforts under -progress have been. directed towards the resolution of: (i) technical differ-ences between 10 CFR 61 and RCRA regulations, and (ii) inconsistencies between LLRWPAA milestones and EPA's schedule for issuing the remaining RCRA implement-ing regulations.- To minimize the burden of dual regulation, the two agencies have adopted:the approach of developing and issuing joint guidance on several-

topics to address the mixed waste problem.

The following two documents are available from: Public Document Room (PDR) US NRC Washington, DC 20555 (202)634-3273 '(Letter or telephone requests are accepted. There is a copying fee for each

document. 'For price information, call the PDR.)

1. Guidance on the Definition and Identification of Commercial Mixed Low-Level-Radioactive and Hazardous Waste and Answers to Anticipated Questions. Approved on January 8, 3987, and noticed availability in Federal Register dated April 7, 1987. (WM-3-870108) 2. Combined NRC-EPA Siting Guidelines for Disposal of Commercial Mixed Low-Level Radioactive and Hazardous Wastes. Issued to the States and Compact Regions as a Generic Letter dated March 13, 1987. (WM-3-870313) NRC and EPA'are also developing guidance on conceptual designs for commerc'il mixed waste facilities and a comparative analysis of NRC/ EPA regulations. Both agencies tecognize that implementation of dual regulation is complex at every stage including licensing, inspection, and enforcement. NRC and EPA staffs will continue to resolve technical differences between their regula-tions, and are committed to simplifying procedures for dual regulation wherever practical, such as through jointly developed permitting, licensing, inspection, and enforcement procedures. 1 C-3

APPENDIX D FUNCTIONAL CHART DIVISION OF LOW-LEVEL WASTE MANAGEMENT AND DECOMMISSIONING l l l l l l

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u ovt a ey e e n g n e c s i R 'C i i n 'o t i r gi naseeLW net a eadi npi R t no h N t ciii nl e pn un estfot - n atgsoi oel oycni ta)miwbiv is scitiil nieicb L. e nsel ics a t H dn eisf )ae fdfD 3n lu r ia r2 a ah sms o 1 o f t r poeo t e p a t g ie m f ao-s P epa h n e isitit c) 1;g o tf s h s eD unwtio r n e1sen e nie vd a si seamirt n wi cot el nh esv ec e tdri psh aetl t ed a 's c icd ce ot sit s c car n eatf ai x oi o u n h la e o t la icde pll r cd sis n s o o n s e n R sl ef i fd ark a Ue apt de n ttiB r rtc r al e e e B o e e ps o n t csa f sd ga e o a t 9 n n s 'oie h t ndo weidt s s e sged I n tea arf T io spc enct eis n a a rpt R t in s a e sW v a m t i er h r pi lt nir o nt ns eo t o a el n e nt u f ,e ne vf s eh s A r c at e oi e t mtit a s n ct so ie r M p iv 's g c g ef e e ao at e C O la t ot ntlai erdAt a) tit n e l e d ci as d f e l5 n c a smec eaty gn laiad r d i f claa vri e id oge nu a a me o i e n r t no e ypsdltlac adf afIs i t f un mn o e e tg A sg awqa e te tei n t e n, nRi spes tc a sl ;e. su el didnf n f t sa l e m N asdi ne dt nso ie ci i n A na anw nnoeis e t 's a i e t 'y t A at n o s at - el et sa r er y G st ee sr m a n u gi ecit ( R vntl ei n r el r npi ne te O renl s vre ecaeaof gf e eiei1 noi)pi v nrrf oa h St sep ef t3 ol eE upOcs C 8 Ct -v I j'

=_-__ _ __ - _ - __ l 1 i 1 1 APPENDIX E. NRC PUBLICATIONS ON DISPOSAL OF LOW-LEVEL WASTE, ]f BRANCH TECHNICAL POSITIONS AND DRAFT REGULATORY GUIDES- 'The'.following reports may be ordered from: Public Document Room (PDR)' US NRC Washington', DC 20555 (202)634-3273 Letter or telephone requests are accepted. There is a copying fee for each document. For price. information, call the PDR. -WM-7902 Low-Level Waste Burial Ground Site Closure & Stabilization, Revision 1,.May 1979 (update planned for September, 1987). WM-8204' Technical Position--Waste Form,-May 1983. WM-8205 Technical Position on-Radioactive Waste Classification, May 1983. WM-8206 Funding Assurances for Closure, Postclosure and Long-Term Care of a Low-Level Waste Disposal Facility, June 1982. WM-8207-Near-Surface Disposal Facil'ity Design and Operation, November 1982. WM-Environmental Monitoring,-draft planned for August 1987. WM-408-4 Draft Regulatory Guide for Selecting Sites for Near-Surface Disposal of Low-Level Radioactive Waste, May 1987. WM-Draft Regulatory Guide on Waste Form Stability, August 1987. NL' REG REPORTS lThe following reports may be purchased from: Superintendent of Documents U.S. Government Printing Office P.O. Box.37082 Washington, D.C. 20013-7032 I (202)275-2060 or 2171 ATTN: Ann Butler E-1

NUREG-0217 NRC Task Force Report on Review of the Federal / State Program for Regulation of Commercial Low-Level Radioactive Waste Burial Grounds, March 1977. NUREG-0456 A Classification System for Radioactive Waste Disposal - What Waste Goes Where?, June 1978. I NUREG-0782 Draft Environmental Impact Statement on 10 CFR Part 61: Li-censing Requirements for Land Disposal of Radioactive Waste (Vols. 1 - 4), September 1981. NUREG-0868 A Collection of Mathematical Models for Dispersion in Surface i Water and Groundwater, June 1982. NUREG-0879 Environmental Assessment for the Barnwell Low-Level Waste Disposal Facility, January 1982. j NUREG-0902 Site Suitability, Selection and Characterization, Branch Technical Position - Low-Level Waste Licensing Branch, April 1982. NUREG-0945 Final Environmental Impact Statement on 10 CFR Part 61: "Li-i censing Requirements for Land Disposal of Radioactive Waste" (Vols. 1 - 3), November 1982. NUREG-0959 User's Guide for 10 CFR 61 Impact Analysis Codes, January 1983. NUREG-0962 The Role of the State in the Regulation of Low-Level Radio-active Waste, March 1983. NUREG-1101 Onsite Disposal of Radioactive Waste: Vol. 1 - Guidance for Disposal by Subsurface Burial, March 1986. Vol. 2 - Methodology for the Radiological Assessment of Disposal by Dispost.1 by subsurface Burial, February 1987. Vol. 3 - Estimating Potential Groundwater Contamination s December 1986. NUREG-1183 Nonradiological Groundwater Quality at Low-Level Radioactive Waste Disposal Sites, April 1986. NUREG-1199 Standard Format and Content of a License Application for a Low-Level Radioactive Waste Disposal Facility, January 1987. NUREG-1200 SRP for the Review of a License Application for a Low-Level Radioactive Waste Disposal Facility, January 1987. E-2

I NUREG-1213 Plans and Schedules for Implementation of U.S. Nuclear Regu-Rev. 1 latory Commission's Responsibilities Under the Low-Level ) Radioactive Waste Amendments Act of 1985 (P.L. 99-240), July 1987. 4 NUREG-1241 Licensing of Alternative Methods of Disposal of Low-Level j Radioactive Waste, January 1987. NUREG-1268 Staff Analysis of Public Comments on ANPRM for 10 CFR 30, 40, 61, 70, and 72 (Accidents), September 1987. NUREG-1300 Environmental Standard Review Plan for the Review of a License Application for a Low-Level Radioactive Waste Disposal Facility, April 1987. NUREG/CP-0028 Proceedings of the Symposium on Low-Level Waste Disposal (Vol. 1--Site Suitability Requirements), September 1982; (Vol. 2--Site Characterization and Monitoring), December 1982; (Vol. 3--Facility Design, Construction, and Operating Practices), March 1983. NUREG/CP-0030 Symposium on Unsaturated Flow and Transport Modeling, September 1982. NUREG/CP-0085 Meeting with States on the Low-Level Radioactive Waste Policy Amendments Act (LLRWPAA) of 1985, February 1987. NUREG/CP-0055 Proceedings of the State Workshop on Shallow Land Burial and Alternative Concepts, October 1984. NUREG/CR-0130 Technology, Safety and Costs of Decommissioning a Reference Pressurized Water Reactor Power Station (Vols. I and 2), June 1978. NUREG/CR-0308 Preliminary Screening of Alternative Methods for Disposal of Low-Level Wastes, November 1978. NUREG/CR-0680 Evaluation of Alternative Methods for Disposal of Low-l.evel Radioactive Wastes, July 1979. NUREG/CR-0707 Evaluation of Isotope Migration - Land Burial: Water Chemistry at Commercially Operated Low-Level Radioactive Waste Disposal Sites, Progress Report No. 9, April-June 1978, February 1979. NUREG/CR-1005 Radioactive Waste Disposal Classification System (Vol. I - i General, Vol. II Detailed), September 1979. ] } l l l E-3 )

L NUREG/CR-1289 Evaluation of Isotope Migration - Land Burial: Water Chemistry at Commercially Operated Low-Level Radioactive Waste Disposal Sites, Status Report Through September 30, 1979, March 1980. 1 -NUREG/CR-1358 Vegetational Cover in Monitoring and Stabilization of Shallow Land Burial Sites, Annual Report, October 1978 - September 1979, August 1980. .j i NUREG/CR-1565 General Investigation of Radionuclides Retention in Migration Pathways at the West Valley, New York Low-Level Burial Site. Final Report, October 1978 - February 1980, October 1980. ] 2 NUREG/CR-1683 Characterization of Existing Surface Conditions at Sheffield Low Level Waste Disposal Facility, August 1980. NUREG/CR-1759 Data Base for Radioactive Waste Management (Vols. 1, 2, and 3), November 1981. j Nt! REG /CR-1793 Study of Chemical Toxicity-of Low-Level Wastes (Vols. 1 and 2), November 1980. NUREG/CR-1832 Research Program at Maxey Flats and Consideration of Other Shallow Land Burial Sites, March 1981. 4 NUREG/CR-1862 Evaluation of Isotope Migration - Land Burial, April 1981. l NUREG/CR-1963 System Analysis of Shallow Land Burial (Vol. 1 - Code Manual, I Vol. 2 - Technical Background), March 1981. i NUREG/CR-2101 Evaluation of Trench Subsidence and Stabilization at Sheffield Low-Level Radioactive Waste Disposal Facility, May 1981. NUREG/CR-2206 Volume Reduction Techniques in Low-Level Radioactive Waste l Management, September 1981. NUREG/CR-2212 An Evaluation of Ground Penetrating Radar for Assessment of Low Level Nuclear Waste Disposal Sites, February 1982. NUREG/CR-2478 A Study of Trench Covers to Minimize Infiltration at Waste Dis-posal Sites (Vol. 1 - Task I Report), March 1982; (Vol. 2 - Task II Report), July 1983, (Vol. 3 - Final Report). J NUREG/CR-2502 Users Guide and Documentation for Adsorption and Decay Modifi-cations to the USGS Solute Transport Model, January 1982. NUREG/CR-2589 A Ground-Penetrating Radar Survey of the Maxey Flats Low-Level Nuclear Waste Disposal Site, Fleming County, Kentucky, June 1982. E-4

NUREG/CR-2700 Parameters for Characterizing Sites for Disposal of Low-Level Radioactive Waste, May 1982. NUREG/CR-2705 Training Course No. 1: The Implementation of FEMWATER (0RNL-5567). Computer Program, June 1982. NUREG/CR-2706-Training Course No. 2: The Implementation of FEMWASTE (ORNL-5601) Computer Program: Final Report, November 1982. 1 NUREG/CR-2721 Scoping Study of the Alternatives for Managing. Waste Containing Chelating Decontamination Chemicals, February 1984. NUREG/CR-2785 Irradiation of Zeolite Ion-Exchange Media, May 1983. NUREG/CR-2808 'GWNBWL 1: A Computer Model for Groundwater Transport of Radio-active Isotopes and Dose Rate Calculation, November 1983. NUREG/CR-2813 Development of Low Level Waste From c"iteria festing of Low Level Waste Forms, November 1983. NUREG/CR-2830 Permissible Radionuclides Loading.for Organic Ion Exchange Resins from Nuclear Power Plants, October 1983. NUREG/CR-2862 Geomorphic Processes and Evolution of Buttermilk Valley and Selected Tributaries, West Valley, New York, July 1982. NUREG/CR-2870 Characterization of the Radioactive Large Quantity Waste of the Union Carbide Corporation, November 1983. NUREG/CR-2917 Review of Ground-Water Flow and Transport Models in the Unsat-urated Zone, November 1982. NUREG/CR-2969 Solidification of Irradiated EPICOR-II Waste Products, May 1983. NUREG/CR-2977 Tests of Absorbents and Solidification Techniques for Oil Wastes, November 1983. NUREG/CR-3018 Characterization of Class B Stable Radioactive Waste Packages of the New England Nuclear Corporation, December 1983. NUREG/CR-3032 Studies of Transport of Waste Radionuclides Through Soil at the Maxey Flats, Kentucky, Waste-Burial Site, March 1983. NUREG/CR-3038 Tests for Evaluating Sites for Disposal of Low-Level Radio-active Waste, December 1982. NUREG/CR-3084 Low-Level Nuclear Waste Shallow Land Burial Trench Isolation, March 1983. E-5

NUREG/CR-3125 Current Practices for Maintaining Occupational Exposures ALARA 1 at Low-Level-' Waste Disposal Sites, December 1983. NUREG/CR-3130 Influence of Leach Rate and Other Parameters on Groundwater Migration, February 1983. NUREG/CR-3144 Trench Design and Construction Techniques for Low-Level Radio-active Waste Disposal, February 1983. NUREG/CR-3164 Subsurface Monitoring Programs at Sites for Disposal of Low- 'l Level Radioactive Waste, April 1983. NURC3/CR-3168 Technical Considerations for High Integrity Containers for the Disposal of Radioactive Ion-Exchange Resin Waste, October 1983. j j i NUREG/CR-3207 Geologic and Hydrologic Research at the Western New York j Nuclear Service Center, West Valley, New York. Annual i Report, August 1981 - July 1982, March 1983. NUREG/CR-3210 Low-Level Waste Risk Methodology Development, May 3983. i NUREG/CR-3343 Recommended Radiation Protection Practices for Low-Level 1 Waste and Uranium Mill Tailings Disposal Facilities, June 1983. 4 NUREG/CR-3356 Geotechnical Quality Control: Low-Leve1' Radioactive Waste and Uranium Mill Tailings Disposal Facilities, June 1983. NUREG/CR-3381 Evaluation of the Three Mile Island Unit 2 Reactor Building Decontamination Process, August 1983. NUREG/CR-3383 Irradiation Effects on the Storage and Disposal of Radwaste Containing Organic Ion-Exchange Media, April 1984. l NUREG/CR-3390 Documentation and User's Guide: USAT2 - Variably Saturated Flow Model (Including 4 Example Problems), December 1983. NUREG/CR-3444 The Impact of LWR Decontamination on Solidification, Waste Disposal and Associated Occupational Exposure (Vol.1, q Annual Report), January 1984; (Vol. 2), February 1984. NUREG/CR-3554 Radionuclides Migration in Groundwater. Annual Progress Report for 1982, January 1984. NUREG/CR-3570 Low-Level Nuclear Waste Shallow Land Burial Trench Isolation Annual Report, October 1982 - September 1983, December 1983. E-6

1 { o l NUREG/CR-3583 De Minimis Waste Impacts Analysis Methodology, February 19114'. NUREG/CR-3620 Intruder Dose Pathway Analysis for the Onsite Disposal of ) Radioactive Wastes, October 1964. NUREG/CR-3712 Radionuclides Migration ih Groundwater. Annual Report for FY 1983, Vol.1, Decen! er 1984; the ONSITE/MAXII Computer b Program, Vol. 2, July,1986. NUREG/CR-3774 Alternative Methods fori9isposal of Low-Level Radioactive Wastes: Vol.1 - Task 1: DescHption of Methods and Assessment of i Criteria, April 1984. { Vol. 2 - Task 2a: Technical Requirements for Belowground Vault Disposal of Low-Level Radioactive Waste, October 1985. Vol. 3 - Task 2b: T,echnical Requirements for Aboveground Vault Disposal of Low-Level Radioactive Waste, October 1985. Vol. 4 - Task 2c: TechAical Requirements for Earth Hounded Concrete Bunker' Disposal of Low-Level Radioactive Waste, October 1985. Vol. 5 - Task 2e: Technical Requiremer.+.s for Shaft Disposal of Low-Level Radioactive Waste, October 1985. Vol. 6 - Task 2d: Technical Requirements for Mined-Cavity j Disposal of Low-Level Waste, December, 1986. NUREG/CR-3838 An Initial Review of Several Meteorological Models Suitable a for Low-Level Waste Disposal Facilities, June 1984. NUREG/CR-3973 Alternative Containers for Low-Level Wastes Containing Large Amounts of Tritium, Jan e y 1985. NUREG/CR-3985 Organic Complexant-Enhanced Mobility of Toxic Elements in Low-Level Wastes, An1ual Report, July 1983 - June 1984, November 1984. NUREG/CR-3993 Geochemical Investigations at Maxey Flats Radioactive Waste Disposal Site, October 1984. ] NUREG/CR-4062 Extended Storage of Low-Level Radioactive Wastes: Potential Problem Areas, December 1985. NUREG/CR-4069 Analyses of Soils From an Area Adjacent to the Low-Level l Radioactive Waste Dispcsal Site at Sheffield, Illinois, j March 1985. l l l l E-7

l 4-NUREG/CR-4083 Analyses of Soils From the Low-Level Radioactive Waste Disposal Sites at Barnwell, SC, and Richland, WA, March 1985. NUREG/CR-4150 EPICOR-II Resin Degradation Results From First Resin Samples of PF-8 and PF-20, July 1985. NUREG/CR-4201 Thermal Stability Testing of Low-Level Waste Forms, May 1985. NUREG/CR-4370 Update of Part 61 Impacts Analysis Methodology (Vol. 1, Method-ology Report; Vol. 2, Codes and Example Problems), January 1986. NUREG/CR-4406 An Analysis of Low-Level Wastes: Review of Hazardous Waste Regulations and Identification of Radioactive Mixed Waste, December 1985. NUREG/CR-4443 Document Review Regarding Hazardous Chemical Characteristics I of Low-Lvel Waste, March 1986. NUREG/CR-4450 Management of Radioactive Mixed Wastes in Commercial Low-Level Wastes; Draft. Report for Comment, January 1986. NUREG/CR-4592 Leaching of Solutes from Ion-Exchange Resins Buried in { Bandelier Tuff, December 1986. NUREG/CR-4498 Field Testing of Waste Forms Containing EPICOR-II Exchange i Resins Using Lysimeters, July 1986. NUREG/CR-4601 Technical Considerations Affecting Preparation of Ion-Exchange Resins for Disposal, June 1986. NUREG/CR-4608 EPICOR-II Pnsin Degradation Results from Second Samples of PF-8 and PF-20, December 1986. NUREG/CR-4615 Modeling Study of Solute Transport in the Unsaturated Zone: Information and Data Sets Vol. 1, July 1986. NUREG/CR-4622 Validation of Stochastic Flow and Transport Models for Unsaturated Soils: A Comprehensive Field Study, September, 1986. NUREG/CR-4637 EPICOR-II Resin Waste Form Testing, November 1986. NUREG/CR-4720 Compilation of Field-Scale Caisson Data on Solute Transport in the Unsatteated Zone, December 1986. E-8

I APPENDIX f i i FEDERAL REGISTER NOTICE f ON TECHNICAL ASSISTANCE AVAILABILITY i i i l l

/J s ? i 38f>6 Fedetr.1 Register / VoL5L h 20 ' Thursday, January 30,1%6 / Notices m Radioact!ve Weste; low-Level Waste ACTtON: Notice of NRC Low-inel For tk h.lc ar Regulatory Commisr.ien. y Cornpacts;NRC Technical Assistance Waste Technical Assistance ProFrem. G. Wayne kerr. 7 threr for. O*fa # State rrogroms hvaHabWty

SUMMARY

This notice is to inform t<e Attachsent A-Nudent Regulatory AGENCY: Nuclear Regulatorv public of the Nuclear Regulators C"""" " ""

Commission. ~ Commission's (NRC) ongoing ret datory assistance program to provide techrM Janang a m guldance io States and compact All Ayeement und NonAgreemem States $r ^#" *I """'" 'A'""' A #"' fat na ew om e e rad c1ive waste ILLW) disposal facOtie. Th As you an. swam. the 7 ew hel purpose of 'his NRC techniud adioactne Wute pole.3 Art. as amended. i asostance e' fait is to promote imit y suigns states the ress onsib.hty to proude imf rtaentat:on of the Low-Lesel for disp i.al ef comp *rd&I 1.LW, and ? ikkoactive Waaie P&y Act. as encourages the form.aon e,f mterstate amended. which assigns States the compacts tn meet this re sponsibihty. State , re& pons'bihty to provide for J.5posal of actmty fol'owing passage of the onginal commeecwl LLW. Assistan as is Pohcy Act m 19ao has gerwr.dly loc s<d on sit adable to State and courg. entities formatior. of compacts and consideration of with disposal capacPy devtlyment appmu hes for designatmg S%tes to host new LLW disposal facihtes Lerunn Sues responsibihfies, to N#1C Nement have elected to develop then ewn deposal State programs with regultry capacay ra.her than i m na a compact.The responsibihtics, and to States intendin8 cntical measure of success m impementmg to establish Agreement State status. Due the Low Level Radioactive Wte Pohcy Act to resource limitations. NRC will target is the estanhshment of new dsposol capacity 'echnical assistance to those States and ir. mose Staies and compct tepons that are compact regions in which substantive currently witt'out such capacny. progres6 is taking place toward the NRC amends, wahin P.s stantorr siting and development of new LLW responsioihty. to mmimise sacertairty and promote predictabihty m the M nsmg and duipohul facihties. regulation of new LLW facihties. The NHC AJsi tance will be avaddhle on a also recognizes that timely and V OATES: s continuing basis. understandable regulatory guidance is needed ic as ist States and compacts as they

I ADDRESSEE
Com fents ryttdmg this Proceed raward the development of new notice maY be dirvred to the Rules and disposal facilities. States that plan to espand Procedures Branch.% vision of Rules their regulato.T programs m response to low and Records. Office of Adtnimstrutton.

level waste disposal responsibehg mey also U.S. Nuclear Regulato*y Commissnn. need NRC assistance and aduce The purpose of this letter is to bghhgne FO8WUFTHER INFORMATION CO@ TACT: evadabihty o! NRC regulatory a metance. to D /,ald A. Nussbaumer. Asestant describe the r.ature of nach anntarce and to 15rsctor. Office if State Programs. U.S. further encourage Agreement St.:tes and A clear Re;tolavry Commission. those non. Agreement States anucmatma low thshtigton DC70555. Yeicphone 301-level waste regulatory authonty under a 274b 4 6 7767, agreement in contact NRC *o faciblate anistann retivnics, NRC staff has met with $Ut%EW.LMTA RY INFORM A flON:The o tais fmn a vancty f States and LLW Low-Level Radioactive Waste PohcY compacts in the past several months to Act, as amended. assigns States the descWhe the type arad Dvel of assista ice NRC responsibility tt: vovide for deposa!( ( is preparmi to provide. Alsu. ongomg commercial LLW. and encoura ces t13 sechnical assistance actmties are underway formation of interstate compacss M meq in several States this responsibility. NRC inteads. within The scope of available NRC technical assistence indudes regulatory related topn.s its statutory responsibil ty, to rninimize associated with disposal site selection. uncertainty and promote predictabihty demun, bcenair.g and operatsoo } or in the hcensing and regulation of fiew ^8"""'"' 6" "' 6' " '"N I * / LLW facihtha NRC will assist 5tatra waste regulatory authonty under a 274b and compact opnizationdnvolved in agreement assistance may incbde but would developmg and regulating disposal sue not necessary be hmiied to: development. Attachment I in the fretter

1. Cmdance m assessms staff technnat sent to all Agreement State ori rion-capabihty needs and overall stafhng Agreement htote tepulatory prof,r me requirements;
2. Assistance m es atualmg contractor highhghtii.e the NRC Low.Lesel Write Technical Assistence Program and capabihties and/or proposals; 3 ^"'C' 'n evaluatmg disposal sue Attechment B is the letter sent to the

'"*M"""'"d""""**' . I ow inel Radioactne Waste C. ompacts assessments. and ac d 11+se States not presently 5"

4. Auessment of the performance of umque ccwpotta on the same subject.

w.mes m the dmw&nvnner.ent. bated m Dethnda. Maryland. this Ord day NRC erstends 6 mthate sta techmcal of january tw6 ansat.cice actmtwe mth tSe Department of F-1 J --x

Federal Register / Vol. 51. No. 20 / Thursday, January 30, 1989 / Notices 3067 F.nergy low level Waste Managemeni

1. Relicensing guidance on the Program to help ensure that relevant data apphcabihty of existmg NRC regulatory and analyses developed by the two Federal requirements to alternative 11W d sposal agencies are shared with States. compacts, methods:

and other parties interested in successful

2. Guidance on development of site implementation of the low 4evelRochoactive selection criteria consistent with the NRC to Waste Policy Act as amended.

CFR Part 81 regulation. and apphcation of Please contact the NRC Regional State such cntena to site screenmg studies: i Agreement ftepresentatsve for your State to

3. Gusdance on charactenzmg candidate i

explore si scihc technscal assistance needs. ! disposal sites and preparing environmental. would be pleased to receive any general impact report documents: comments you may have regardmg NRC's

4. Guidance on disposal site modalmg and effort in this a ea.

performance assessment; and G. Wayne Kerr.

5. Guidance on heense apphcation content Director. O/ rice o/ State Pmgrams.

}"he AR l'oes not intend to provide Attachment B.-Nuclear Regulatory technical assistance for developing regional Commission management plans nor designation of States January ::2.1980 to host new 11W disposal facihties. %e NRC also will not undertake detailed engineerms Memorandum For. Addressees design work nor resserch on reference I i t rom: G. Wayne Kerr. Director. Office of concept designs for commercial esposal l State Programs facibiles. These developmental activities are Sublect: NRC tow-Level Waste Technical considered inconsistent with NRC's Assistance Program regulatory role. Rather. NRC anticipates The critical measure of success in providmg detailed regulatory analyses of implementing the few. level Radioactive vanous &sposal facibiy design concepts that Waste Pobey Act, as amended,is the may be submitted by compacts or by estabhshment of new disposal capacity in individual Statas to NRC. We anticipate that those States and compact regions that are NRC guidance would be most usefulin cases 1 currently without auch sepacity. where detailed information is provided by ) NRC intends, withm its statutory those entities pursuing esposal site j responsibihty to mmimize uncertamty and development. i promote predictabshly in the hcensing and NRC intends to cooperate clor ely with regulation of new 11W facihtees. The NRC States and compacts pursuing (usposal site also recognine that timely and development. NRC also intends to coordinate understandable regulatory guidance is its technical assistatice activtbes with the needed to assist States and compacts as they Department of Energy Imw4sves Waste proceed toward the development of new Management Program to help ensure that d sposal facihtles. States that plan to espand relevant data and analyses developed by the their regulatory program in response to low. two Federal agencies are shared with States, level waste deposal responsibihties may also compacts, and other parties interested in i need NRC assistance advice, successfulimplementation of the Low-Level The purpose of this letter is to highhght the Radioac'ive Waste Policy Act as amended. ] availabihey of NRC regulatory assistance. to Please contact your NRC Regional Stata describe the nature of such assistance, and to Liaison Officer (RSLO) to explore specific further encourage States and compacts to technical assistance needs. I would also be contact the NRC to facihtete assistance pleased to receive any general commems you activities. NRC staff has met with officials may have regardmg NRC's efforts in this l from a variety of States and 11W compacts area. m the past several months to describe the G. Wayne Kerr. type and level of assistance NRC is prepared Director Office o/ State Progmms. to provide. Also. ongoms techmcal assatance activities are underway in several States. [FR Doc. 86-2102 Filed 1-29-M 8 45 am) The NRC Intends to concentrate bmited " C# """ staff resourt.es on those specific States and compacts m w hich substantive progress toward siting and development of new dmposal facihtees is takmg place Assistance may be provided through staff meetmgs to escuss technical and licensmg topics, supplying NRC staff as resource personnel to advisory bodies or LLW symposia, development of technical studies and relabd regulatory guidance documents addressing specific inytunes, and other means capable of effectively meetmg State needs. Your comments ve invated on the aasistance considered to be most relevant to your needs. The scope of available NRC technical assistance mcludes regulatory re'ated topics associated with disposal site selection, desigrdcensms and operation For States and compact eraaties with developmental responsibilitms. this may include but would not necessanly be hmated to: F-2

'l APPENDIX G FEDERAL-REGISTER NOTICE ON FORMAT AND CONTENT GUIDE AND STANDARD REVIEW PLAN 1 . '.EA. -. -....

' ages Federal Register / Vol. 52. Nc. 20 / Friday January 30, 1937 / Notices NUCLEAR REGULATORY which should t e provided in the license CotthetBS40N application and also establishes a uniform format for presenting that Low-Level Memoeotive Weste Disposal information. To aid the applicant and to Facety; Avogoldity of Pulpilosoons promote efficient review of the Concoming Lloonee appea=8eans application by NRC staff, the format 0 maamm Nuclear Regulatory yy, p ,,,'of the ' Commission. Standard Format will: (1) Help ensure aCnoec Notice of Availability. that the license application contains the aussanany:%e Nuclear Regulatory information required by to CFR 61. (2) Commisalon (NRC)is announcing the and the applicant in ensuring that the availability of two pubbcations information is complete. (3) help persons conceming license applications for a reading the application to locate low-level Radioactive Weste Disposal information and (4) contribute to Facility.These publications specify the shortening the time required for the infonnation needed by NRC to perfore, review of a license application. By its safaty review and explain the denning h contents of a complete I technical review p application, this document provides the basis for mairins findings pursuant to aaaa=aa Copies of NUREG-1199 and sections S(e)(1)(C) and (D) of tne NUREG-1200 may be purchased by LLRWPAA of 1905. ca!!ing the U.S. Government Printing Office. (202) 275-2ee0 or 2171 or by The Standard Review Plan (SRP). writing to the Superintendent of NUREG-1200.is prepared for the Documenta US Government Prmting guidance of staff reviewers in Office. P.O. Box 37082. Washington, DC performing safety reviews of applications to construct and operate a 200 3-7082, low-level waste disposal facihty. The pon puermsa eromanaT>ow CostfaC71 principal purpose of the SRP is to assure Clayton L Pittiglio. Jr 14w Level Waste tne quality and umformity of staff and Uranium Recovery Projects Branch, reviews and to present a well.oefined Division of Waste Management. Office base from which to evaluate proposed of Nuclear Matenal Safety and changes in the scope and requirements Safeguards. US Nuclear Regulatory of reviews. It is a'so a purpose of the Commission. Washington, DC 20555. SRP to make information about Telephone:(301) 427-4793. regulatory niatters widely available and supptmasastrany esposasanosc Section to imyove corntr anicattor. and 61.10 of Title to of the Code of Federal understanding of the staff review Regulations (10 CFR Part 81.10) apecifies process by States. Compacts. interested the general contents of a license merabers of the public and the industry. application for a Low-level Radioactive The SRP consists of11 Chapters Waste Disposal Facility. The Nuclear containing approximately 80 individual Regulatory Commission's safety review SRP sections. The.SRP sections identify is primarity based on the information who performs the review the matters provided by the applicant in the license that are reviewed, the basis for review, application.ne Standard Fonnat and how the review is performed, and the Content.NUREG-1190, specifies the conclusions that are sought. This 6nformation which should be provided to provides assurance that NRC can perform the review and definas an review and process a license application efficient format for presenting that within is months and meet the information. The Standard Review Plan. requirements of sections 9(1) and 9(2) of NUREG-1200, defines the technical the low-level Radioactive Waste Policy review procesa.These documents Amendments Act(LLRWPAA)of1985. provide a definition of a complete Deted at Silver Spring, Maryland. this 23rd license application and review day of January. tes7 procedures to assure that NRC can For the Nuclear Reguistory Commission. review and process that applicatic3 Malehm R ICampp, within 15 months in order to meet the Chief. Low levelwasteandumniwn requirements of Pub. L 99-240. the Low Recovery Projects Branch. Division of Waste level Radioactive Weste Policy Monoserrient O# ice o/NuclearMorerial Amendments Act (LLRWPAA) of1985 E,ofery andSofeguards. De Standard Format and Content. [nt Doc. 87-1764 Filed 1-29-47. e 45 amj NUREG-1199 specifies the information sa.uas coca now.= G-1

t 1 } ) .) i G-2 L -

,___---__-__-,r APPENDIX H FEDERAL REGISTER NOTICE ON EMERGENCY ACCESS 1

1 1eu q red-ai a+w Proposed Rules Vol. 52. No.10 l Thuredey, lanuary 15. 1987 l Tlus secton of the FEDERAL REGtSTER "the threat cannot be mitigated by an For the Nuclear Regulatory r%=anaa on. contema notees to the putAc of the alternative consistent with the public samuel chilk, proposed neuence of rules and ' health and safety. Including storage of Secresery of the Commisason. mqpdaeone. The wpose of Owee nodoes low. level redoactive waste at the site of IFR Doc. 87-e45 Filed 1 16-e7; a:45 aml ,g", generetion or in a storage facility m,,,,,,,. O obtaining access to a disposal facility by ,m pnar a the adoption of the mal voluntary agreenient, purchasing uisa. disposal capacity available for assignment or ceasing the activities that - NUCLEAR REQULATORY generste the low-level waste." ne CUBBISSION regulations will identify the information and certifications that must be 10 CFR Part 62 submitted by a LLW generator or a State to support a request for emergency intenHo Oewtop Regutenone to accesa. The regulations will also M CrHerte ensi Procedures for establish the NRC review procedmse Evatusting Aequesta for Emergency and the criteria that will be used by the Acosas to Low-Lewi Radioece" Commission to make the determinations Caste Disposal Feomnes required by section 6 of the LLRWPAA. i Amassev: Nuclear Regulatory Consistent with both the spirit and the Commission. letter of the LUtWpAA. the NRC plana AcTeose Notice ofintent to develop to set strict requirements for granting emergency access. NRC intends to regulations. authorize emergency access to LLW sussasAmy:The Nuclear Regulatory disposal facilities only in those cases Ccmmission(NRC)is announcing its where the low-level waste generators or intent to develop regulations to establish States requesting emergency atz:ess criteria and procedures for evaluating provide certification to NRC with clear requests for emergency access to non-and convicing evidence that an. F:d:rallow level radioactive waste immediate and eenous threet to the (11W) disposal facilities.The public health and esfety or the common regulations will be promulgated defense end security will reedt if such pursuant to the Commission's acones is denied. Camerstars or States responsibilities under section 6 of the will also have to provide NRC with Low-Level Radioactive Waste Policy d-==atatson demonstrating that the . Amendments Act of1985(LLRWPAA) situation could not be antipated by any tnd will identify the information and alternative. includsag ceasing to certification that must be submitted by a generste the weste. in a mannar which LLW generetor or a State to support a would be consiesent with the public request for emergency access. besith and safety. poa rustruta essPonesation contact: In addition to this information. States Janet Lambert. Division of Waste regoesting emergency access will have Management. Office of Nuclear Material to address the adequacy of their efforts Safsty and Safeguards. Nuclear to meet the suuestones established in the Regulatory Commission. Washington. LutWPAA for siting a LLW disposal DC 20555,301-427-4000. facility. LLW generators in States that may be

Background

demed ama== to the axiadng 11W Pursuant to its responsibilities under disposal facihties should plan for that section 6 of the LLRWPAA. the NRC is contingency.Eridence of such advanced developing regulations to be used by the planning will be reqtared as part of the information that must be submitted with Crmmission in evaluating requests for emergency access to non. Federal LLW e request for emergency access, disposal facilities. Section 6 of the Requests for furtner intarmation. or LLRWPAA authorizes the NRC to grant. any issues or concerns identified emergency access to any non. Federal relative to emergency accesa, shon!d be LLW disposal facility,if the NRC brought to the attention of the staff dstIrmines that such action "is

contact, nicessary to eliminate an immediate leeuance of the proposed rule is planned for and senous threat to the public health Septrmt,er of 193?.

and safety or the common defense and Dened at Washiratom. DC thsa 12th day of secunty", and if NRC determines that January.1987. H-1

i l APPENDIX I FEDERAL REGISTER NOTICES ON ALTERNATIVE METHODOLOGIES 3 l

397 Rules and Regulations r d ai a+i r Vol. 52. No. 3 Tuesday January 6.1987 This sechon of the FEDERAL REG; STER combined with the above mentioned contans mgulatory cocuments hovmg NRC contractor report fulfills the general appiacaciipy and legal effect, most requirements of section 8(a) of Pub.1.

  1. "D'ch are keyed to and cWied in 99-240. the Low-Level Radioactive the Code of Federal Regulations, wrech is Weste Policy Amendments Act (LLRWPAA) of 1985.

The Code of Federal Re0utations es sold ADORESS: Copies of NUREG-1241 may by the Supenntendent of Documents be purchased by calhng the U.S. Pnces of new m em loned m the Goverrunent Pnnting Ofhce on (202) fut FEDERAL REGISTER inaue of each 27b2000 or 2171 or by writing to the Supenntendent of Documents. U.S. Government Pnnting Office. ATTN: Ann NUCLEAR REGULATORY Butler. P.O. Box 37082 Washington, DC 2001 >7062. COMMISSION Post PURTHER IssPOstesATIOss Cost?ACT: 10 CFR Port 61 Clayton 1. Pittiglio, Jr. Low. Level Waste and Uranium Recovery Projects Branch. Technical Position Statement on Division of Waste Management Office Llooneing of ANeamthm Methods of of Nuclear Materia: Safety and D6eposal for Low-Level ReWoective Safeguards, U.S. Nuclear Regulatory Weste Coramission. Weshington, DC 20555. Telephone: (301) 427-4793. Ao4NCE Nuclear Regulatory Commission. Deted at Silver Spnng. Maryland, this 4th dey 1 AcTeoer Notice of Availability. Rhm wh p ="a= aan This technical position Malade R. Knapp, staterr,ent identifies and describes Bmnch Chief 1.ow.lavel waste and Uranium speellic alternative methods of disposal RecoveryProjects Bmach.Dmsion of Waste currently being considered as Management. Office o/ Nuclear Moreno/ alternatives to shallow land burial, &fety andWeguoMs. provides general guidance on these (m Doc. 87-77 Filed 14-87; 8:45 am) methods of disposal, and recommends malase cootrene o as procedures that willimprove and simphfy the licensing process.The statement provides answers to certain questions that have arisen regardmg the apphcability of to CFR Part of to near-surface disposal of waste, using methods that ir, corporate engineered barners or structures, and other alternatives to conventional shallow land burial disposal practices. This position also identifies a recently published NRC contractor report that addresses the applicability of 10 CFR Part 61 to a range of genene dispcsal concepts and which provides technical guidance that the staff intends to use for these concepts. As a result of comments received on the pubhshed draft of this position (51 FR 7806. March 6.1986) as well as input at workshops and State meetings, the NRC has decided to focus on alternative methods that utihre engineering material with earthen cover (for example, below ground vaults and earth. mounded concrete bunkers). Consequently, NRC will expend minimal resources on above ground vaults and mined cavities. This position statement I-1 ..... 1

7806 Federal Register / Vol. 51, No. 44 / Thursday, March 0,1986 / Pmposed Rules NUCLEAR REGULATORY FOR FURTHER iNFORMATION CONTACT: be hcensed under the existma COMMISStON Dr. R. John Starmer. Low-Level Waste requirements in 10 CFR part til, and Uranium Recovery Projects Branch. "lacensmg Requirements for Land to CFR Part 61 Division of Waste Management. Office Disposal of Radioactne Waste". The Branch Technical Position Statement of Nuclear Material Safety and answer to the question is. "yes". This on Licensing of Alternative Methods of Safeguards U.S. Nuclear Regulatory technical position statement is further D6sposal for Lo+ Level Radioactive Commission. Washington. DC 20555 prompted by the receipt of general % ste Telephone (202) 427-4170. rernests for guidance on alternatne sumptaMENTARY $NFORMATION:This d posal methods. Thew requests. AGENCv:Nuclea: RegWatory statement would provide technical however, have been mdef, nite regarding Commission. guidance for hcenmg and regulation of the disposal methods of specific interest, ACTION: Draft brand techr.ical position alternative methods for near-surface and the extent and type of regulatory statement: requests for comments. land disposal of LLW, The statement guidance desired The NRC staff has met desenbes general design concepts for with a number of different State and sumuARY:This draft branch technical several ahernative disposal methods Regional Compact officials over the past position statement proposes to answer and discusses rela ted hcensing six months to discuss regulatory licensing questions regarding the land considerations. For the purpose of this guidance needed for the development of disposal of low level radioactive waste statement, alternative disposal methods new disposal sites. Such discussions (LLW) and improve and simphfy the are defmed as disposal facility designs will contmue and we hope they will hcensing process. This statement would or disposal concepts which incorporate begin to focus more sharply on specific provide answers to certain questions engmeered bcrriers or structures, or technical questions as States and that have arisen regarding the otherwise differ from the past and Regional Compacts reach decisions on apphcabihty of to CFR Part 81 to near. present methods of near-surface land choice of disposal method. A major surface disposal of waste, using disposal of LLW by shat!ow land burial purpose of this technical position methods that incorporate engineered With the enactment of the Low Level statement is to provide guidance in barriers or structures, and other Radioactive Waste Policy Amendments response to requests recewed to date alternatives to conventional shallow Act of 1985 (Pub. L 99-240), on January and to help ensure that States and I i land burial disposal practices. Also, 15,1986, the NRC is reqdred, in Compacts are able to mal e timely i there have been general requests for consultation witn the States and other decisions. The specific mformation regulatory guidance on alternative mterested persons. to identify methods contained in this technical position is disposal methods. The specific for the disposal oflow level radioactive intended to: alternative methods of interest to the waste other than shallow land burial. . Clarify the scope of disposal requesters, however, are undetermined, and estabhsh and publish technical methods included withm the meaning of as is the type and extent of desired guidance regardmg licensing of facilities the term "near surface disposal", guidance. This statement identifies a that use such methods. These actions . Define the characteristics of recently published NRC contractor are to be completed by January 1987, alternative land disposal concepts report which addresses the applicability Further. the Act requires that by January considered to be withm the framework of to CFR Part 61 to a range of generic 1988, the NRC, agairs in consultation of the existmg regulatory requirements disposal concepts and which provides with the States and other interested in 10 CFR Part 6L guidance that the staffintends to use for persons, identify and publish all . Provide general guidance regarding these concepts. To ensure prompt and relv ant technicalinformation regarding the varous components of the disposal meaningful regulatory guidance during such alternative disposal methods that system for alternatae near-surface land the development of new disposal must be provided to the Commission in disposal concepts which may present capacity for LLW. NRC staff encourages order to pursue such methods. For the problems in hght of the performance early and contmuing interactions NRC to meet these statutory ot>pctwes oho CFR part fm between the NRC and other entities requirements in a timely manner,it must . Encourage early and continuing mvolved in efforts to develop or regulate immediately hear from the Smes and interactions between potentiallicense new LLW disposal sites. Finally, this other interrsted parties as to what applicants, the LLW disposal service notice schcits the States and other additional alternatives should be iiidustry States. ether governman' interested persons to identify any identified, as bcensmg guidance must be agencies, and the NRC regarding efforts additional Mternative disposal methods developed and published over very to develop and regulate new disposal that thes may be considering, so that short time frames Alternatives capacity for LLW; they can be included in NRC actions to identified after the comment period will . Encourage design engineers, fulfill the requirements of section 8(a) of be noted, but licensing guidance for vendors, and prospectne hcenu } Pub. L 99-240, the Low Level them not be available within the applicants to submit detai!cd technical Radioactive Waste Policy Amendments statutory time frames. information on proposed disposal Act of 1985. Draft Branch Technical Posltion matheds as far in advance of license DATts:The comment period empires Statement on Licensing of Alternative application as possible: and M,iy 5. N80. j Methods of Disposal for Low Level . Enoourage focus on the fewesi j Acositssts: Send written comments to Radioactive Wasle possible approaches to ensure the Director, Division of Waste standardization and resultant abihty to Management. Office of Nuclear Material A. Introduction g,se limited NRC resources most Safety and Safeguards, U.S. Nuclear This technical position statement on effectively. j Pcgulatory Commission Washington, alternatne methods ofland disposal of The NRC staff will apply existing DC 20555. Copies of all comments low level radioactive waste (LLW) is licensmg criteria. performance received by the NRC may be examined provided in respoast to the question of objectives, end most of the technical at the NRC Public Document Room,1717 whether dkposal methods employing requirements of 10 CFR Part 61 to 11 Street, NW, Washington. DC 20555. engineered stru; tures and barriers can proposed alternatm disps sal methods l I-2 i i

J h detal Register / Vol St. No 44 / Thursday. March 6.1980 / Proposed Rules 7807 errpleyin,, amvered strut tures and dispor al me. hods. could. howes cr. be W thods for Disposst of Low Level 1 barries 1L NRC staff bekvcs it wdl mu d and bcensed on a facility-speafic Radioactive Wasies"(NUREC/CR-I e possible ne complete rniews of liaus under existing te gulatory 3774P was pubbshed in five volumes: tbspos.) nWnahves with an provimons in part 61

  • Volume 1. "Desenption of Methods expectation of ful'y resolving the and Asseesment of Cnteria." published C. Position hcensing qunnons that may anse in the April 1984. exacuned the apphcability of rev1ew process prouded tha' aa.

L n,3.ulotory frameworA 10 CFR Part 61 require.nente-sitmg. adequate prmbcensmg d alogue is The mim frmod estabbshed design. operatmns and closure, and estabbshed in 10 CFR Part 61 covers all phases of mo umnnHo five ge senc design B. Backsmund Considerations waste disposal from site selection concepts for ehernatne disposal methods.The five demgn concepts are As a part ofits work m de elup:n810 through facihty design. licensmg. below-ground vaults. above-g*ound operations closure, and post-closure vaults. ea*th-mounded concrete bunkers. CI'R part 01 and its supporti i stabihzation, to the end of the penod of environmentalimpact stat m nt. NRC ined cavities, and augered ho es active institutional control Thn tonducted a study of alk: native low, clober framwork nf regulations estabhahes the vny 2 5 pub ishe level waste disposal n ethods Th:s was miended to help ensi e that all viable procedures, criteria. terms and P disposal methods we re cnnsidered and conditions formmg the basis upon which assessment of the apphcability of existing criteria for near surf ace that the initialissuance of the regulation the NRC willissue and renew licenses disposal (Subpart D.10 CFit Part 61) to ar.d subsequent amendments would be for the land disposal of LLW. four of the five alternative disposal based on the disposal methods most Subparts of the rule covering general methods covered in Volume 1. The four likely to be used The results of studies provisions and procedural licensing methcds covered in the reports were q and public cornments m response to the aspects, as well as those subparts Adiunce Notice of Proposed covermg performance objectives, below-ground vaults, above-ground 4 vaults, earth-maunded concrete bunkers, f nancial assurances. State and Tribal Hulemaking for part 61 led NRC to and shaft disposal (Note that mined e:uncentrate its efforts to develop partscapation. and records, reports, tests cavity disposalis bemg evaluated but regulations on land disposal motbods. and inspections apply to all methods of band disposal methods readily divide land disposal of LLW, both near-surface the work is incomplete at the preser.t U"4 into two categ<ues: Tr.ose that take and at greater depths. The techmcul 'Ihe authors concluded that the sitmg place near the earth's surface and those requirements in Subpart D are specifted and site design operations, closure, and that involve deeper disposal Near. only for near-surface disposal methods monitormg enteria of Subpst! D.10 CTR i urface disposal encom;> asses the full with reserved sections for other than range of technology that can be applied near surface. As discussed in Sectwn 5. Part 61, should app!y to the four alternative disposal methods. The staff to low level waste disposal near the the NRC staff believes that, except for earth's surface; that is. shallow land the potential need to develop site agrees with those conclusices, differing with the contractor a report on only a burial, deeper burial at depths up to 30 specific alternative waste form and few mim interpretive pomts c,f the meters, and the use of engmeered ch ossification requirements. the structures. barners. and other concepts. technical requirernents in Subpart D regulation.The findings of these reports and clanficatson of the ways the criteria some of which may be partial:y above should apply to alternative me' hods of the surface, near-surface disposal using engineered should be interpreted will be Specific requirements for deeper land berriers or structures. These alternative incorpora ted into future regula tory disposal methods such as mined methods include, for example, disposal guidance. This guidance sinl! be issued based on considerstmo of any specific mities either natural or man-made, by emplacement in below ground disposal alternatives that may be were not considered m the trutial engmeered vaults, partially abeve-received for review, and analysis of ) rulemaking effort. This farology ground engineered vaults. earth. ir.volves considerate : ' tting one mounded ergmeered bunkers. lined parbcular design features of the genetic fehty design. opera: %. and closure shafts or boreholes, caissens or pipes. disposal concepts that have al.eady been studied Staff expects to issue tne whmh are sufficier.tly different from and (oncrete. walled trenches guidance as modifications to a standard ihose for near surface dupos,il. that

2. Evoluodon of Alternata e Daposc/

format and content guide being prepared certain technical requirements in ods for shallow land bunal applications Subpart D of 10 CFR part 61 do not apply. Such methods were lef t to be This techmcal positmn is guided by under Part 61. addressed m action on a specific the background of knowledge and The NRC basis for selecting the appbcation, subsequent guidance, and expenence re'lected in the rulemaking conceptual desans for first study by the rulemaking effort. if rulemaking is w hich cuinunated in the issuance of to Army C)rps of Engmeers was that each warranted. It was also recornzed that CFR Part el. Both draft and fmal method appears to be under practicei other disposal methods such as ernronmentalimpact statements for the consideration by other countnes. U.S. bydrotracture and deep welliniection rule address alternative disposal agencies, or States. One of these her been used le p. by the Department methods. Alternative disposal facilit) concepts. mined cavstics. does not of Energy m Ouk Ridge.Tennesseel design and operaimg practices wcre lhese two alternahves were not also ernong the subjects covered in the ' cop.r. of Numm/chrt4 m, t e purth-d specifically addressed in the initial part backaround studies and mformahon 'n"wh the u s coverne ni Prmnus ffwe tw o tit rulemaking effort smce they are considered in the rulemakmg. ['g,2jnyg[p"gp'jf suited to a very narrow range of uitsle Smre the pubhcation of part 61 m w,%,,,,on oc axnum: copw. m, so b, j types and require specific gealeric and December 1982, the staff has con *murd parchamt from the Neimn. Tecnn cas informarmn h)drogeologic conditmns Consequently, to es aluate alternatne disposal Mu U 5 Deportowns of cens eru s2as Port i d 4"nstead v A :nst cocies ere "0"' """$"1$7 *"NMN '" they also were left to be addressed at a methods. A NRC contracto' report INgYp later time,if nercasary Mmed cauty. prepared by the U S. Army Corps of hydrnfracture, or dei p-w cli m+runn F.ngmeers. entitled "Alternam e vv w..niriesan. t)c snsss l 1-3 l

7808 Federal Register / Vol. 51, No. 44 / Thursday, March 6,1986 / Proposed Rules apnear to be under serious domer c waste disposal operations in the United The NRC intends, commensurate with v ceas41eration at this (kne, Further, as States and other countries. It is its statutory responsibihties, to improve ratec trher, mined cavity disposal anticipated that alternative disposal and simplify the hcensing process and reprewnts a significant departure from methods may offer an enhanced margin provide stability and predictability in the experience, data and knowledge of protection for the public 'nd the the regulation of new LLW disposal base used in formulating the environment. If the alterns se design is facilities. To help accomphsh this requiren,ents for Part 6L The NRC staff is currently evaluating the coupled with innovative operations (e.g., objective, the NRC staff encourages the recommendations made by the Corps of automated handling and emplacement earliest possible interaction between Engineers regarding technical or more conservative waste forms. potentiallicense apphcants. the waste requirements for mined cavity disposal content, or packaging. it may also offer disposal service mdustry. States, other prior to publication of a separate volume an enhanced margin of protection for government agencies, and the NRC. This l of NUREC/CR-3774 on that disposal workers. Tradeofis on worker exposure, should also serve to provide all operations, and waste form should be interested parties, including the public. abrnathe' C has studied design factored into design $r o as indicated in with timely and obiecove assessments W hile NR i concepts for alternative disposal Section 4 which foll

s. The NRC of the public and environmental methods. NRC cannot complete detailed particularly encourager daign protection aspects of ;wposed design work or developmental research innovations which increase safety and alternative waste dispmd methods.

on new concepts or specific designs for reliabihty and which generally are

4. Descriptions of Ahernative Diyosol facilities that would have the effect of supported by a proven Whnology or Concepts establishing or developing their one which can be demonstrated by a commercial potential. These activities satisfactory technology development Each of the desyn concepts described are developmental rather than program' below has either been evaluated as a regulatory in nature and should be Early review of facility design can be waste disposal alternative to shallow supported by the entities responsible for requested on an individual applicant land burial or is currently being used or establishing new waste disposal basis. However, the NRC beheves that considered for that purpose in other capricity or, on the Federallevel, by the there are advantages to standardized countries. Descretions of these desiy Department of Energy, approaches to weste disposal. Standard cc,cepts are mduded nwe to help J. GeneralGuidance disposal design features un benefit detine the range of desun pubhc and environmental protection by characteristics considered to be within concentrating the resources of waste the framework of the eusting reguletory Section 9 of the Low-Level Radioactive Waste Policy Amendments requirements of 10 CI'R part 61.The management engineers and vendors on Act of 1985 requires that, to the extent practicable, NRC complete all activities particular approaches, and by concepts are described in more detailin NUREC/CR-3774 associated with the review and stimulating standardized programs of
a. Below ground Vou/rs. The term p

ssing of any nse application construction practice and quality b1 8 ""d ' I ' assurance.Tte use of standardized enc o[ed ergine d cture built a pilcatio e NRCla m ving head a so act itate ore et ive a d l to provide Information which will help efficient licensing and inspection to en ure the ti e revie low-level processes. To this end, staff plans to oufd p o ru s ctur bove the applications. llowever, the NRC staff give higher priority and focus resources will also evaluate innovative disposal n those approaches which are of natural surface grade. A below. ground vault could be fabricated from the designs that might later be reflected in a greatest interest t States. Therefore, the license application. To promote timely NRC staff strongly encourages industry engineering materials dncussed below regulatory decisions, designers, vendors, and the States to pursue standardization for above-ground vaults. The vault and prospective license applicants are in developing alternative waste disposal be built with engineered walls and roc!; the floor could be natural soil er rock, encouraged to submit detailed technical methods. Procedures for reviewing treated soil or rock, or engineered s n des a could be patterned information on proposed dispoPal facility designs in advance of formal after the procedures for reviewin8 materials. The vault, as an integrated structure, also has the characteristic of license apphcation. This will permit standard designs for reactors in NRC.taff to evaluate fundamental Appendix 0 to 10 CFR Part 50. limited access to its interior space, such as a doorway or portal or batch opening. safety and d... s aspects and The pubhc should note that pre. Operational access to the vault from the i provide pre.hcenstng guidance. application requests for NRC review surface may be in the form of an tiowever, such information should only that also request approval by NCR excavated ramp, which is built and then be submmed when the designs are a involve fees. There are two ways for covered over at closure. During part of a specific application being NRC to give approval. Both involve fees operations, however, the vault may have prepared, repmsent work sponsored by under 10 CFR Part 170. Requests that are more extensive access. depending on its a potential applicant, or are based on suitable and submitted as Topical design. See Volume 2 of NUREG/CR-some other type of commitment by a Reports involve a $20.000 fee. If the 3774 tor a more complete description of I potential hcensee. Advance review, and request is not suitable and not submitted variations in conceptual design and where feasible, approval of designs and as a Topical Report, part 170 requires operation of below ground vaults, related technical information can reduce full cost recovery as a Special Project

b. Above ground Voults. An abcve-considerably the time needed for license (see 10 CFR 170.31, item 12) Also see 10 ground vault disposal unit is an j

application review. CFTt 170.1t[b) which allows the engineered structure or building with Dcsigns for alternative disposal Commission to consider exernptions i;oor, walls, roof, and limited access methods should reflect both the benefits from the fearequirements when openings on a foundation near the ol significant research and development consistent with law and the public ground surface. At least some portion of i 1 work and the experience gained from interest. the structure would be above the final I-4 j i __-____---a

l l i rederal Register / Vol. 51. No. 44 / Thursday, March 6,1986 / Proposed Rules 7809 j pont4 tosure surface grade.The 5auh as detaikd 'echnicalinformation on Thus. Staies are encouraged to huilt from engineered structural designs are submitted. the NRC staff proceed expeditioury with their materials. Fabrication could be of behev es that regulatory guidance must disposal siting programs whde NRC masonry blocks. fabricated inetal be sufficiently general to avoid placing develops supplemental standard fonnat rhapes. remforced cast in-plare or unnecessary constraints on the and content guidance for alternative sprayed concrete, pre. cast conuse. or development of new design concepts. methods. plashc or fluid media molded into The nature of my new NRC regulatory

b. Design of Disposal Unns. The j

sarious sohd shells. All of these require-cois will be based on the disposal site design requirements of j materials have been used to construct event to which an individual proposed i 61.51 are sufficiently flexible to apply vaults. There are no existing regulatory esposal design is shown to conform to to alternative disposal methods which constramts on material selection or the existing technical requirements of fall within the four concepts described shape of the vault as fung as it can be Part 61 or is compatible with meeting the in section 4 of this statement. Although demonstrated by the hcense apphcant performance objectives set out its Part 61 little experience concerning waste that the performance objectives of10 when combined with other components disposal in engineered structures is J CFR Port til can be achieved. See of the disposal system. available the technology exists to Volume 3 of NUREG/CR-3774 for a The following general guidance is construct buildings and stucturer that j more complete description ch ariation provided for features and characteristics will last for centuries. There are in conceptual design and operation of of various alternative disposal concepts structures in use today that were built above ground saults. which may present problems in hundreds and even thousands of years

c. Eanh mounded Concrete Bun Aers.

demonstrating compliance with the 10 ago. However, procedures are not well The design of earth-mounded concrete CFR Part 61 performance objectives. developed for obtaining assurance that bunliers may include features of Requirements to reassess and structures will be left alone or will trenches. below. ground vaults. and potentially modify other components ui survive intact over the pered required earth mounds. This disposal method the disposal system are also discussed. to safely isolate emplaced wastes from may also reb on mandatory This guidance is intended to assist the human environment after the loss of requirements on waste form or site waste disposal engineers. license institutional controls. Designs which operation. such as specialized pacMing appheants. and States in identifying a actively rely on engineering should be and encapsulation, The basic design of preferred waste disposal design. evaluated for deterrence of intrusion an earth-mounded concrete bunker and also the consequences of intrusior 5 Design Considerations and failure of the structure sooner than currently used in France segregates w antes accordmg to level of Land disposal facilities must be sited. expected. radioactivity. Wastes with higher levels designed. operated, closed and Waste retrievabiDy is not required or of radioactmty are embedded in controlled after closure to achieve the prohibited by to CFR Pert 01. If waste concrete below ground. Waste packages performance objectives set forth in retrievability is proposed as a design with lower levels of radioactivity are Subpart C of Part 61. The combination of feature severalimportant factors should emplaced above ground at natural grade performance objectives and technical be considered. Retrievability should not in carthen mounds (tumuh).Thus, an requirements estabhsh a systems compromise or otherwise lessen the carth-mounded concrete bunker may approach to waste disposal. The abihty of the combined features to meet insolve both above-ground and below. components of the " system" include the the performance objectives of Part 61. ground construction, and may include site and its characteristics, the facility The designer should be sure that wante encapsulation and backfilhng and disposal unit design, the waste, retrievability measures do not result in with both concrete and earth. See facility operations and closure, intruder increased problems in protecting the Volurne 4 of NUREG/CR-3774 for a barriers, and institutional controls. inadvertent intruder,if the retrievabihty more complete description of variations Environmental monitoring is used to concept requires action by the custodial in conceptual design and operation of assess the system's performance. agency during the active institutional carth-mounded concrete bunkers. Reliance is not placed on any one control period to assure long-term

d. Short Disposal. The term shaft component of the system. Rather, all performance (e g., grouting around disposal refers to a near. surface interact in achieving the performance packages). fundmg and institutional disposal alternath e in which wastes objectives. Desigr of the facihty and commitments for the action should be would be disposed of in. hafts or duposal umts plays an important role in included.

borrboles ausered. bored or sunk by the performance of the waste disposal

c. Waste Classification. The abihty to conventional constructmn methods. The system.

dispose of all Cls is A. B, and C LLW. as shafts could be kned or unkned and be

a. Sti!!ng The disposal site suitabihty currently specified in Subpart D of Part of various sins. Lmmg could be of requirements of I 61.50 are minimum 61, may have to be reassessed for the ioncrete, metal, or other suitable common sense requirements and apply specific concept finally developed.

atructural matenal. See Volume 5 of to silms of all near surface alternative Existing concentration limits for Class NUPEG/CR-3r74 for a more complete disposal methods. The first critical step. A. E. and C are based on associated descriptmn of variations tn conceptual as with any disposal facihty,is to select waste form and other components of the ) design use, and operations of shaft a site where natural conditions favor system to determine critical pathways. j disposal dispoul. Certain disposal methods and if spenhc disposal facihty designs are f ng neered structures and barners associated operations may not biought to the MC for esaluation. the should not be newed as a planned accommodate all classes of LLW or NRC will provide pre.hceniong guidance substitute for a suitable site. Rather. In parts of one or more classes An to help ensure that key issues will be conjunctmn with other disposal system alternative waste classification system idenlihed and resob ed prior to h< ensmg components. the engineered features may be prorsed by the applicant and that NHC s regulatory requirements should olier enhanced confidence in because of tne types of waste generated are in orporated into the appbcant's proicction fer the pubhc and withm the region sened by the provin ilow mr. until such time as ens ironmen t proposed f acility, the specific design of I-5

7810 Federal Register / Vol. 51. No. 44 / Thursda, March 6.1980 / Proposed Rules disposal units, or other factors. The their application than is included in this all research, data. and technical applicant may propose a waste position. evaluations necessary to support a classification eystem dillerent from that g EnvironmentalMonitoring:The specific license application. NRC desenbed in i 61.55, provided the requirements for monitoring specified in conducts research only to provide the system is compatible with the 161.53 will apply for alternative technical bases for rulemaking and performance objectives of Part 61 and disposal methods. The specific regulatory decisions to support the concentrations of radionuclides in parameters to be monitored and the licensing and inspection activities, to the eystem proposed do not exceed the measurements and observations to be assess the feasibility and effectiveness values specified in i 61.55 for Class C reade may very significantly between of safety features and to increase our waste. Alternatives to current waste below ground and abnve ground understanding of phenomena for which classification requirements can be disposal umts and, for above-ground analytical methods are needed to carry considered under the flexibility in units, between earth covered and out regulatory responsibilities. { l 61.58. Ilowever, alternative waste ancovered units. Provisions for 1 classes have the potential to confuse monitoring should be included in design D. Questions waste generators. Staff beheves that considerations. A number of basic issues have been uomg other options such as more

h. Institutions / Requirements. The identified by NRC staff in the course of restrictive waste forme or packagmg or land ownership and institutional control its evolution of alternative disposal alternative emplacement methods would requirements of i 61.59 will apply to methods.The staff requests comments

{ minimize waste generator confusion. alternative disposal methods. Existing from States and all other interested

d. Intruder Barriers. Part 61 requires requirements related to active parties on these questions as well as J

Class C waste to be disposed of in such institutional controls may have to be any other aspect of this proposed j a marmer that the top of the waste is a modified by license to accosnmodate technical position. minimum of five rneters below the top some engineered structure disposal

1. Are there any alternative disposal surface of the cover over the waste or concepts, such as those built above methods under serious consideration that intruder barrien sre included that gr und without cover. For example, the that do not represent a variation or are f esigned to protect against an wastes may be more readily awilable combination of the four concepts l

inadvertent intrusion for at least 500 for exposure, so additional controls and evaluated in Volumes 2 through 5 of years ($ 61.42, i 61.52). Alternative a more comprehensive program to, NUREG/CR-37747 disposal methods coupled with exclude the public from the site durmg

2. With the publication and sitemative weste classification systems the active institutional control period endorsement of NUREC/CR-3774 and should provide a level of protection for may be necessary. Part 61 provides LMt plans for modified guidance on the the inadvertent intruder equivalent to ache inathutional cmtmls cannot be content of applications for altemative the existing requirements.

relied on f r more than 100 years. Part methods, what additional specific

e. Woste Chometeristics:The 61 does not prohibit longer peliods of regulatory guidance is needed regarding minimum requirements on waste active controls However,langer periods alternative disposal methods?

characteristics specified in i 61.56(a) shouM only pmMe aWional

3. To concentrate the resources of will apply for alternative disposal assurances and should not be necessary designers, engineers, and vendors on t assure long. term performance methods. The applicant may use the particular approaches, and permit a flexibihty on stabihty requirements in to a Summry more effective and efficient hceneing CFR 61.56(b)(1)If waste stability is to be The NRO staff should be ir. formed as process, should NRC's regulatory provided by the engineered structure in early as possible of new design concepts program include active solicitation and

) which the waste is emplaced. However. under developruent by the industry or review f a reference design conwpt? proposed designs may need more under consideration by States and The staff could review and approve a strmgent minimum waste forms or Compacts that do not represent a submitted generic design for most (or a paciagmg to protect workers or design variation on the four concepts in major portion) of a near-surface land featuras to accommodate planned Volumes 2 through 5 of NURIX;/CR-disposal facihty outside the context of a operations (e g., weight or size limits)- 3774. New disposal concepts may application for a she-specific bcense. Suppiernental requirements should be involve technicalissues that would be (An cpproval design may be referenced reasonable enough so that generators identified and resoleed in order to in later applications.) If so. what aspecta and processors can be relied on to assure timely regulatory actior s on of a disposal facility design are ] comply with the requirements. license applications. NRC researces are amenable to standardization? Alternatives to current waste limited and their use must be planned 4.'Io promote a more effective and characteristics requirements can be and focused on real needs. Recant efficient beensing process, should NRCs considered under i 61.58. legislation also requires that licensing regulatory approach include early pre-

f. Facihty Opemtions and Closuret guidance on alternatives be prepared appbcation review of site suitabihty The requwements for facihty operations and published by January 1967. Also,if issues relating to the development of a and closure in i 61.52 will be apphed to design questions on specific proposals low-level radioactive waste disposal the alternative disposal methods raise serioue problems in meetmg the facihty separately from and prior to the deocnbed in tbis statement. Die specific requirements of 10 CFR Part 61, the most appbcation for a license to construct application of the individual cost. effective decision on the part of the and operate such a facihty? Such early requirements may vary with a particular appbcant may be to eliminate a review and documentation of staff alternative. disposal design. Worker particular alternative or design feature findings could be patterned after the exposure and safe operations should from further consideration. Early procedu es for reactor construction r

obviously be a factor in developing consultation with the appropriate permits m Appendix Q to 10 CFR Part designs. Volumes 2 through 5 of licensmg authority will aid timely

50. If s,, wnat provisions m Appendix Q NUREG/CR-3774 cor.tain a more decisions.

should t)e included or deleted? complete explanation and discussion of Prospective appheants should Dw i et sitver spnna Marvtand. thm sh individual requirements of i 6152 and understand that they are responsible for dav of Febmarv te I-6

1 1 APPENDIX J FEDERAL REGISTER NOTICE ON ENVIRONMENTAL STANDARD REVIEW PLAN l i l 1 t

1 i I 1 20068 Festarel Register / Vol. 52. No. 87 / Wednesday May 6,1987 / Notices Low 4evet amassethe leaste Disposal also enable NRC to complete the Paomy; Aumauemy of Puhticomon environmental component of licensing a Concernhag Espetresonantal Protection low level radioactive waste disposal facility within the 15-month time frame m Nh Regulatwy specified by the Low. Level Radioactive Waste Policy Amendments Act of1985. suennassv:The Nacisar Regulatory Bect use Regulatory Guide 4.18. Conneussica (NRCIis amuncing the " Standard Format and Content of availabslHy of NUItEG-laco-Environmental Reports for Near.Su+ce . Environmental Standard Review Plan Disposal of Radioactive Weste." r s l for the Review of a License Application prepared before to CFR Part 51 was i for a tow.iswei Radioactive Waste revised, the data and information Disposal Facility.This document requirements in NUREG-1300 are not ' Provides Ane= to staffin conducting necessarily consistent with the guidance j the envirammmental soview associst:4 contained in Regulatory Guide 4.18. The with a 16e==== appbcation for a low-level NRC staff anticipates preparation of e radioactive waste A=pa==l facility and revised " Standard Format and Content also makes information about NRC's of Environmental Reports for Near- ] comphance with the National Surface Disposal of Radioactive Weste" Environenestal Policy Act of 1989 that will accurately reflect the ESRP ) (NEPA) more readily avs11able to the uisements for data and information Public States had Rapocal Compacta. to supplied in an applicant's and the reipstated cosassunity, environmental report. maa==== Copies of NUREC-1300 may In addition to the aforementioned be purchased by calling the U.S-purposes, the Environmental Standard Govemment Prin'ing Office at (202) 275-Review Plan will help to assure quality 2000 or 275-2171 or by writing to the and uniformity of staff reviews and Superintendent of Documents. U.S. make information about the Governmaet Printing Office. P.O. Box envirorunatalcomponent of the l 37082, Washio6 ton DC 20013-70a?- licena-piocess more readily availsble i ron swsmenn espasuaatsoes coortAct and trieby improve the understanding George Pangburn. Operations Branch. of this process among the public. States Division oflow-Isvol Waste and Regional Compacts and the . Management and Decommissioning. regulated community. . Offim of Nuclear Material Safety and Dated at Silver Spring. Maryland, this 30th Safeguards. U.S. Nuclear Regulatoli day of Aprt1.1987 Corrunission. Waskington. DC 2055t;- Paul H. th 1 Telephone:(301) 427-4180. Acting Chief. Opemtions Bmach. Division of SUIspLeamestaNY 81sPOfMBaTMpec SeCinn Low 4eral WasteManagement and 61.10 of Title 10, Code of Federal Decommissioning. Office ofNuclear Meterial Regulations requires that each sofery endsofesuords. Application for a license to dispose of [FR Doc. 87-1(nao Flied bS-tr7; 8:45 sm) low. level radioactive waste be saAssa caos m.es cocompanied by an environmental report (ER) prepared in accordance with 1 Sebpart A of to CFR Part 51.The tppucant's ER serves as the basis for the NRC staff to prepare an environmental statement (ES) as required by 10 CFR Part 51. I $1.20 (b)(11). The Environmental Standard l-Review Plan (NUREG-1300) provides guidance to the staffin reviewing the ER, making the necessary independent analyses and evaluations and preparing the formal ES. NRC regulations on environmental protection (to Cnt Part 51) were revised substantially in 1984 to take into tccount the Council on Environmental Quelity's 1978 regulations implementing the National Environmental Policy Act (NEPA). The Environmental Standard Review Plan (ESRP) was prepared in accordance with the revised to CFR Part 51 and will help to assure that licensing decisions made by NRC conform to the requintments of NEPA.The ESRP should J-1

I APPENDIX K FEDERAL REGISTER NOTICES ON RADI0 ACTIVE WASTE BELOW REGULATORY CONCERN i j

l Federal Register / Vol. St. No.168 / Friday. August 29. 1986 / Rules And Regulations 30839 j i The documenta dercribe the kind of Pub. L 97-415. 96 Sia1. 2o73 (42 U.S C. 2239). information petitioners should file to Sections 2.200-2.20s also issued utider secs. { lee 234. So Stat. 955. 83 Stat. 444. as amended allow timely Commission review of the (42 U.S.C. 2236. 2282). sec. 206. to Stat.1246 ) petition. They s!so describe decision (42 U.S C. 5648). Sections 2mo-2.000 also criteria the C, ommission will use and the issued undgr sec.102 Pub L 91-190. 83 Stat. administrative procedures to be a53. es amended (42 U.S.C. 4332). Sections followed in order to permit the 2.700s. 2.M9 also issued under 5 U.S.C. 554. f Commission to act upon the petition in Sections 2.754. 2.760. 2770 also issued under 5 I an expedited manner.These documents U.S.C. 557. Section 1700 elso inued under respond to a mandate in the Low Level sec.103,66 Stat. 936. as amended (42 U.S C. Radioactive Waste Policy Amendments 2133) and 5 U.S.C. 552 Sections 2.a00 and Act of 1985 and are being published as 2.806 also issued under 5 U.S.C. 553. Section 2.809 also issued under s U.S C. 553 and sec. Appendix B to 10 CFR Part 2.

29. Pub. L 65-256. M Stat. 57c. as amended EFFECTIVE DATE: October 27.1986.

(42 U.S.C. 2039). Subpart K also issued under AooREssts: Send any written comments sec.189. 68 Stat. 955 l42 U.S.C. 2239). sec.134. or suggestions to the Secretary of the Pub. L 97-425. 9e Sta t. 2230 (42 U.S.C.10154). i Commission. U.S. Nuclear Regulatory Appendix A also issued under sec.6. Putt L 1 Commission. Washington. DC 20555: 91 5a0. M Stat 1437 (42 U.S.C. 2135). Attention: Docketing and Service Appendix B 4s also issued under sec.10. Pub. Branch. Comments received within 60 L 99-24o,99 Stat.1842 (42 U.S.C. 2o21b et "4I days would be most helpful. Copies of comments received by the Commission

2. Add the following policy statement may be examined or copied for a fee at as Appendix B to Part 2:

the U.S. Nuclear Regulatory Commission Appendia B to Part 2--General Statement (NRC) Public Document Room.1717 H of Pohey and Procedures Conceming Street NW Washington. DC 20555. Petitions Pursuant to 12m2 for Disposal of FOR FURTHER INFORM ATioN CONTACT: Radioactive Waste Streams Below Kitty S. Dragonette. Division of Waste Regulatory Concem: Management. Office of Nuclear Material I. introduction and Purpose Safety and Safeguards. U.S. Nuclear !!. Standards and Proceduru Regulatory Commission. Washington. III. Agreement States DC 20555 telephone:(201) 427-4300. IV. Future Action $UPPt.EMENTARY INFORM ATioN:

1. Introduction and Purpose List of Subjects in 10 CIR Part 2 The low Leve; Radioactive Weste Pohey Amendments Act of 1985 (the Act)(42 U.S.C.

Administrative practice and 2021b et seq ! was enacted lanuary 15.1988 procedure. Classified business Section to of the Act addresses dispc4al of ~ informa tion. Freedom of information, wastes termed % tow regulatory concern" NUCLEAR REGULATORY Hazardous waste. Nuclear maten,al, that would not need to be subject to i COMMISSION Nuclear power plants and reactors, regulatory control to assure adequate i protection of the pubhc health and safety Perialties. Sex discrimination. becauw of their radioactive contant.The goal f 10 CFR Part 2 for the reasons set forth below and of this section of the Act is for the I under the authority of the Atomic Commission to make practical and timely Radioactive Waste Below Regulatory Energy Act of 1954 as amended, the decisions to determine when wastes need not ) Concern; Policy Statement Energy Reorganization Act of1974, as so to a licensed low-level weste disposal site. AGENCv: Nuclear Regulatory amended, and 5 U.S.C. 553, the NRC is These decisions will be expressed through Commission. adopting the following amendments to rulemaking. Ahernative dispool would ACTION: Final rule: policy statement. 10 CFR Part 2. conserve space in the existing aAs w! isle j new sites are estabbshed and reduce the

SUMMARY

This notice ohntains a policy PART 2-RULES OF PRACTICE FOR costs of disposal. Rulemaking petitions may statement and staff imp"ementation plan DOMESTIC UCENSING PROCEDURES play a role in the national low-level waste strategy outhned by the Act. The Act regarding expeditious handling of
1. The authority citation for Part 2 is prondes that the Commission estabhsh f

petithns for rulemaking to exe:npt revised to read as follows: procedures for actmg expeditiously on specific radioactive waste streams from P' tit'*** '* **"P' 'pecific radiosetive-I I disposal in a licensed low level waste Authority: Sees tet.181. os Stat. Ms. 953.

      • t' 'tr'*ms from the Comminion's s emended (42 U.S C 2201. 2231t ne.191. as I

disposal facility. For the Nuclear resgats u of this statement and d . e Stat 4 142 Regulatory Commission !NRC) to grant [*3]d'u u these rulemaking petitions, the wasie amended (42 U.S C. 5841). 5 U.S.C. 552. eccompanyms implementation plan is to j estabhsh the standards and pmcedures that strezms must be sufficiently low in Section 2.101 also issued under uca 53 62, Will ermit the Commission to act upon i P j concentration or quantities of 63.81.103,104.105.os Stat. 930, 932. 933. 935. radionuclides for the Commission to find s36. 937. 93a. as amended i42 U.S C. 2073. rulemaking peittions in an expeditious manner as called for la the Act.This pohey ( i that they may be disposed of by 2o02. 209121:1. 2133. 21u. 2135): sec.102. Pub L 91-1% 83 Stat. 851 as amended (42 statement does not require petitioners to cit;rnative means without posing an U.S C. 4332): nc. 3ct. 88 Stat.1246 (42 U.S C-Present all the information outhned or undue risk to public health and safety. 58tti Sections 2.102. 2 to3. 2.1o4.1105. 2.721 demonstrate that the decision criterie for Die policy statement and plan are in the also inued under secs 102.103.104,105.183, expedited handhng can be met,if such nature Of regulatory guidance for 199. 68 Sta t 938 937. 938. 954. 955. se expedited handhng is not wanted For implementing emisting requirements for amended 142 U.S C. 2132. 2133. 2154. 2135. exemple, petitions requesting esemption of rul: making petitions in to CR 2.802. 2233,2230) Section 2105 also issued under concentrations of radionuchdes that might j S-0 4999 0005(00K28-AUO410.31:43) F4700.Fhfr...(16.30].. 445-86 K-1

30840 Federal Register / Vol. 51 No.168 / Friday. August 29. 1986 / Rules and Regulations l result in individual exposures highe than 6 The waste is compatible with the IV. Future Action 1 those recommended in the decirnor entena prcposed treatment and disposal options. anay be submitted. but expediied handhns

7. The exemption as useful on a national The Commission will conduct a genenc rulemaking on waste streams below cannot be assured scale,i c.,it is hkely to be used by a category regulatory concern based on a number of Fmally, this pohey statement and of hcensees or at least a sigmficant porhon of factors The factors includepublic comments accompanying implementation plan are a category, received on the statement, the number and intended to facihues handhng of rulemaking 8 Tne radiological properties of the waste types of petitons for rulemaking received. and petahous for streams from multiple producers stream have been characterized on a national and do not apply to indmdual hcensina basis. the vanabihty has been proiected. and how effective thg statement is m enabhng timely processms of petitions. A genene actions on s.ngle producer weste Individual the : ange of vanahon will not invahdate rulemaking is warranted to provide a more hcensees who seek approval for dmposal of their umques wastes may contmue te submit 3,pomng on.g g,5-efficient and effective means of y

8 The waste charactenzation is based on i their disposal plans under 10 CF R 20.302(a) accomplishing the goals reflected in Section tate on real wastes. 10 of the Act An advance notice of proposed II. Standards and Proudures

10. The dispesed form of the waste has rulemaking will be pubbshed within 90 days.

The standards end procedures needed to neghgible potential for recycle. Furthermore, the Commission may I handle petitions expeditiously fall mio the

11. Licensees can estabhsh effectivD-periodic elly review all rulemakings in crder followmg three categones (1)Information C""

8n pect8 e Pro 8r8m8 to. assure that the relevast parameters have

  • H pn r Nnsfer to dm n8tra petitioners should file in support of the not chang ed significantly and may ask the petitions, (2) standards for assessms the C c mphance.

petitioner 10 submit updated mformanon to adequacy of the proposals and providmg 12 The offsite treatment or disposal assist in ti'e review.The Commissan would petshoners msight on the decision entena the medium (e g. samtary landfill) does not need also have to confirm that approved Commission intends to use so that all to be corrtrolled or monitored for radiation exemptions are consistent with any general relevant mformationalissues will be protection purposes. standards issued by EPA. addressed m the petition, and (3) the miernal

13. The methods and procedures used to NRC admimetrative procedures for handhng manage the wastes and to assess the impacts Dated at Washmaton. DC this 25th day of August.1986.

hed i ff " " ' appledi e n con m sted For the Nuclear Regulatory 4cmmission. add d in the att implementation plan The staff plan was

    • "'Ie are no regulatory or legal

" ' " b developed in response to Commission 14 Ther Secretary to the Commission. direction to provide detailed guidance nn obstacles to use of the proposed treatment or implementing the general approach outhned dispos al methods. Editorial Note: The staff implementation plan will not appear in the Code of Federal in this pohr :tatement. Although staff may Ill. Agreement States Regulshon. The lewlevel Radioactive Waste Pohey Nuclear Regulatory Commission Staff a ed n a ng e i t an outhnes a reasonable basis for accotnphrhing Amendments Act of1985 estabhshes a Irnplernentation of Nuclear Regulatory the approach Staffis to pubbsh revmons as nahonal system for deshng with low-level Commission Policy on Radioactive NUREC documents and notice the wasie disposai ne system assigns to the availabihty of the revisions in the Federal States re8ponsibhty for disposal capacity for Waste Below Regulatory Concern lowlesel wastes not exceeding Class C

1. Introduction Register'ractical matter, the primary As a p wastes as defined m to CR 61.55 Sect on 10 11 Information to Support Petition:

information for lusufymg and supportmg of the Act encourages a reduchon m volume A General pelihone must be supphed by the pehuoner if of such wastes subsect,to State responsibbtiy 1.10 CFR Part 2 Requirements the Commission is to act in an expedited for disposal through the ophon of determmms

2. Environmental impacts manner if the petitioner wishes to assure that certain wastes need not go to existmg
3. Economic impact on Small Entities expechted action, the supportmg information hcensed disposal facilities or new sites 4 Computer Program sho.4d be complete enough so that hcensed under 10 CR Part el or equivalent
5. Scope Commission schon is primarily hmited to State regulshcns if radiological safety can be B Waste Charactinsation j

independent evalushon and administrahve assured auch dmpoul would conserve space

1. Radiological Properties processmg in the existmg sites whi:e new sites are
2. Other Considerations Decision entens for judgmg whether to developed. and would serve as an important
3. Totals grant a pennon involve the overallimpacts of adjunct to volume reduction efforts in 4 Bam the proposed action, waste properties. and meeting ti e waste volume allocation hmits
5. As Low as Reasonably Achievable implementation of the proposed exempuon.

set forth in the Act Thus. these rulemak~ as (ALARA) m ne following enlens addren these areas. should and the States m fulfilhng their C. Weste Management Options Pehtions which demonstrate that these responsibihbes under the Act. Equity also D Analyses enteria are met should be suitable for suggests that all waste generators be able to

1. Radiological impacts expedited action.

take advantage of below regulatory concern i Other impacts

1. Dispossi and treatmer.i of the wastes as ophons as part of their waste management 1 Regulatory Analysa specified in the petition will result m no strategies Generators m both Agreeement E Recordkeepmg and Reportmg significant impact on the quahty of the and non. Agreement Sta tes will be competmg L Surveys human environment for space in the existmg sites and the concept 2 Reports
2. The maximum expected effective do,,

should be apphcable nationwide. F. Proposed Rule squivalent to an individual member of the Agreement States will play an important 111. Decision Cnteria pubhc does not exceed a few milbrem per role m ensurms that the system works on a !V Administrative Handhng t year for normal opershons and anticipated national basis and that it remains equitable. svente States have been encouraging findmas that gg g 3 he collechve doses to the enhcal certam wastes are below regulatory concern Section 10 of the Low-1Avel populahon and general populahon are small and do not have to 39 to low 4evel waste. Radioactive Waste Pohey Amendments 4 The potent al radiological consequences sites The States have been voicmg this view of accidents or equipment malfunchon for a number of years through forums such as MdNNMhWh involving the wastes and intrusion into the Conference of Radiation Control Program Regulatory Commission (NRC) to disposal sites after loss of normal Directors P.ulemakmgs grantmg pehtons will develop standards and procedures for mettivhonal contro's are not significant. be made a matter of compatibihty for expeditious handhng of petitions for 6 %e.esemphon will result in a significant Agreement States Consequently rulemaking rulemaking to exempt dispostl of reduchon in societal costs. will be cooitimated with the States radioactive waste determmed to be S-ON9W 0006NOK28 AUO-86-10 $146) F4700.FMT.. 0 8.30).. 415-86 K-2

Federal Register / Vol. 5L No.168 / Friday. August 29. 1986 / Rules and Regulations 30841 below reguistory concern.The Act also When a rulemaking action is likely to When alternate calculational requires NRC to identify infonnation have a significant economic impact on a methodologies are used. the petitioner petitioners should life. The Commission substantial number of small entities. the should provide all the specific input Policy Statement provides general Regulatory Flexibility Act requires that needed to calyze the waste stream in guidance on how to meet the the irnpacts on these small entities must the petition using IMPAC"TS-BRC and requirements of section to of the Act. be specifically addressed. (The provide a rationale for all parameter cutlines the overall approach to be Commission's size standard for selections.The Commission may clarify followed. and lists decision criteria to be identifying a small entity is $3.5 million or modify the computer code from time ustd. Implementation of the general or less in annual receipts except for to time. Petitioners choosing to use epproach and decision criteria of the p*ivate practice physicians and NRC's code should be sure to use the Commission Policy Statement involves educationalinstitutions where the current revision. The National Energy divsloping more detpiled guidance and standard is $1 million or less in annuaI Sof tware Center will provide changes to procedures. In accordance with receipts for private practice physicians persons obtaining the program from the Commission directior.. the NRC staff has and 500 employees for educational Center. Users are encouraged to diveloped more detailed guidance and institutions. See 50 FR 50214. December comment on the code so that their procedures forimplementation of the 9.1985.) For any rulemaking. the experience can be factored into future Commission Policy Statement.This staff Commission must either certify that the revisions. guidance and procedures cover:(1) rule will not economically impact or will

5. Scepe. The petitioner should defme Information petitioners should file in have no significant economic impacts on the geographic area to which the support of petitions to enable expedited small entities, or present an analysis of proposed rule should apply and the processing. (2) discussion of the decision alternatives to minimize the impacts.

reasons supporting any area less than criteria, and (3) administrative Because rulemakings on below national in scope. It might be possible to procedures to be followed. regulatory concern should provide relief justify limiting the scope to a lov4!evel f,*p';','m II. Information to Support Petitions t ses action f t is requirement ta ion is ues uch as port or A. Genem/ should be straightforward but it must be export of wastes outside the compact or t making state should be addressed in the

1. M CFR Port 2 requirements, ne

'] diu og 'I "'I codified information requirements for proposed rule responding to the petition. petitions for rulemaking are outlined in d th2 Commission's regulations in to CFR afuati n o the e ti ae economic 2.802(c). These regulations require the impacts on small entities The

1. Radiologicolproperties. The pTtitioner to identify the problem and evaluati n should include estimates of minimum radiological properties that propose solutions, to state the the costs for small entities in terms of abould be described are the petitioner's grounds for and interest in staff time and dollar costs. Any concentration or contamination levels th:e action, and to provide supporting alternatwes that could accomplish the and the half lives. total quantity. and information and rationale. As a practical bjetive of the petitioner's proposed identities of the radionuclides present.

mattst, the information demonstrating rule while minimizing the economic The chemical end physical form of the that the radiological health and safety impact on small entities should be radionuclides should be addressed. All impacts are so low as to be below presented.The evaluation should radionuchdes present or potentially reguistory concern must be provided by include an assessment of the present should be specified including the petitioner if the Commission is to act incremental recordkeeping and reporting radionuclides identified as trace in an expedited manner.1 etitions for e sts that would be associated with the constituents. The distribution of the j ( ruirmaking should therefore be Petitioned rule change. radionuclides within the wastes should j submitted following the staff's

4. Computer pmgmm. He computer be noted (e g.. surface or volume 1

supplemental guidance and procedures program (IMPACT-BRC) the distribution). Mass and volume average to casure expedited action. Commission intends to use to concentrations should also be

2. Enrimamentalimpacts. Petitions independently evaluate petitioners, presented. For incineration. the must snable the Commission to make a assusunts fimpacts is based on,,De radioactive content of the ash and finding of no signif: cant impact on the quality of the human environment. Such g;'

P a noncombustible fraction should be U described.The variability as a function Commissia t findmgs must be based on Pubbshed February 1984., Petitioners of process variation and variation en Environmental Assusment that complies with to CFR 51.30 and must $$n em ng icensees should be addressed 8u and bounded. mut the requirements of to CFR 5142. Commission's information needs. The 2.Merconsidemuons. An These requirements include addressmg IMpACThBRC program will be understandmg of ryonradiological the need for the proposed action. distributed by the National Energy properties of the waste stream is needed idInti! ing alternatives, and assessing Software Center on floppy diskettes for 3 t assure that they are consistent with the potential environmentalimpacts of use on IBM-PC and compatible the proposed disposal method and to the proposed action and alternatives. computers. The Center's address is 9700 evaluate the adequacy of the analysis of Consistent with 10 CFR 5141, the South Cass Avenue. Argonne National petitioner should submit the inforrnation 1.aboratory. Argonne. Illinois 60439. The the radiological impacts. (NRC's needsd to meet these requirements and users guide for IMPACTS-BRC will be deregulation of the radioactive content would not relieve licensees from the do so in a manner that permits pubhshed as a draft Volume II of applicable rules of other agencies which independent evaluation by the NUREG/CR-3585. Petitioners may Commission of the data and evaluate the impacts of the proposed cover the nonradiological properties.) methodology used and the conclusions activity using NRC's code,if desired. The petitioner should provide a detailed re:ched. description of the weste materials,

3. Economic impact on smallentitiel
  • Footnoies et end of artmle including their origin. chemical i

5-09999 ocohows-AUG-66-lo 5149) F4700.FMT. 416.30].. 415-80 1 K-3 1 l

30642 Federal Register / Vol. 51. No.168 / Friday. August 29, 1986 / Rules and Regulations composition, physical state. volume, and estimated for the petitioned scope. A Considerable data and experience mass-concentration distnbution would be a should be available to allow The term stream" only means wastes helpful tool in characterizing the waste characterizing the radiological content produced from a common set of stream. For example, the petitioner and composition of the waste stream circumstances and possessing common could indicate that 10% of the wastes being addressed in the petition:The i characteristics. it does not mean fallin the range of1-10 picocuries per same principles outhned in 10 CFR " liquid" although the stream may be in a gram. 60% fall in the 10-100 range. and 61.55(a)(8) may be applied. i.e., values liquid form (e.g., waste oil). The wastes 30% in the 100-1.000 range. Such based on direct measurements. indirect may be resin beads. laboratory distribution would permit more realistic methods _related to measurements, or glassware. or any other form. Weste assessment of impacts in addition to material accountability. lorm includes packages or containers conservative bounding estimates using

5. As low as is reasonably achievable used to mansge (i.e. store. handle. ship, maximum vs. lues. In any case, the (ALARA). The Commission's ALARA or dispose) the wastes. The vanabihty typical quantiths produced per requirement in 10 CFR 201(c) applies to and potential changes in the waste form generator and an estimate of the efforts by licensees to maintain as a function of process variation should geographic distribution of the generators radiation exposures and releases of be addressed.The variation among should be described.

radioactive materials in efflutnts to licensees should be described and

4. Basis. The basis for the waste unrestricted areas as low is reasonably bounded.

stream charactenzation should be achievable.10 CFR Part 50. Appendix 1 Compatibility with requirements provided. The basis for characterization describes ALARA for radioactive associated with the proposed of the wastes and the total quantities management options should be carefully produced should be described. materials in light water reactor effluents. presented. For example. if the petitioner Monitoring. analytical data. and Licensee compliance with to CFR 20.1(c) proposes that the wastes be incinerated. calculations should be specified. Actual is a precondition to acceptance by NRC of any waste stream as exempt. the waste form should be shown to be measurements or values that can be compatible with the temperatures. flow related to measurements to confirm Therefore, a description should be rates, feed rates. and other operating calculation.: are troportant. The provided of reasonable procedures that parameters of typicalincinerators that desenption of the bases should include waste generators would be expected to may be used The petitioner should quality assurance aspects. For example, use to minimize radiation exposures identify the minimum requirements an the petitioner should describe the resulting from the disposal of the incinerator must meet to assure number of samples measured, the exempt waste, e g.. removal of surface adequate combustion. The form and representativeness of the samples, and contamination.These procedures are volume of the ash and other residue the appropnateness of the instruments aseumed to apply prior to characterizing from incineration should be desenbed. used. The statistical confidence in the the waste to be exempted. Similar consideration for disposal at estimates should be evaluated. If the C. Waste Management Options samtery landfills or hazardous waste petitioner conducted any surveys of sites should be addressed. For example, licensees or relied on surveys by others The management options that the waster that include components or to help quantify t)- amount and content Commission can deal with expeditiously properties that would qualify the waste of wastes, they sh be described. are those described in NUREC/CR-3585. as a harardous waste under EPA rules Market information.ght be usefulin Onsite options include incineration and in 40 CFR Parts 200 through 265 should characterizing waste generation on a burial. Offsite options are municipal not be proposed for disposal at a national basis. Designation as a trace waste disposal facilities (sanitary municipal landfill. concentration, should be related t landfills). municipal wa ste incinerators, The potential for recycle should be specified detection limits but detection hazardous disposal facilities. and presented. Possible treatment. such as limits themselves are not sufficient hazardous waste incinerator shredding. the would reduce the recycle reason to dismiss trace concentrations Retreatment, e.g, shreddmg of potential should be described Itoth the when methods exist to infer otherwise potentially recyclable resource value (e g.. salvageable metals) concentrations. materials,is a potential adgunct to either and the functional usefulness (e.g.. For estimates of the radionuclides ensite or offsite options. Combinations usable tools) should be addressed. Both content of the waste stream, the of these options can also be evatusted. short. and long-term potentials for petitioner may take advantage of For example, wastes may be incinerated recycle are of significant concern to the licensee experience in classifying on site and the ash shipped to a sanitary Commission. wastes for disposal at low level waste landfill. The fa vored disposal options

3. Tuto/s. A subsequent rulemaking sites. For sexample, the transuranic should be identified and fully described.

based upon an accepted petition is radionuclides content of the wastes The petitiener should evaluate a full generic, and the exemption willlikely be would likely be below detection limits. range of options. The practicality of the used nationwide. Therefore, to the but licensees have already established proposed option (s) should be presented. extent possible, the petitioner should scaling factors for estimating the Weste compatibihty discussed earber is satimate the number of NRC and trane.ranic content of wastes as part of one aspect. The national availability Agreement State licensees that produce complying with to CFR Part 61 waste and distribution of the option is another. the waste. the annual volumes and classification requirements. Waste Updates on national regulations and mass. and the total annual quantities of generators use generic scaling factors laws pertaining to the proposed option each radionuchde that would be and factors established for their specific should be described and might have to disposed of. The estimates should wastes through sophisticated analyses. be considered in selecting acceptable include the current situation and the The scaling factors are used to infer the options. likely variability over the reasonably presence and concentrations of many p, Anaj,,, foreseeable future. lf the petition is for a radionuclides based on measurement of y proposed rule that will be limited to less only a few nuclides. The classification To support and justify the submittal, than national scope (e g a state or scheme in 10 CFR Part 61 has been in each petitioner should include analyses compact region), the totale should be effect since December 1983. of the radiologicalimpacts associated 5-on999 caos(oox28-AUC-86-io si.52) F470C.FMT...(16.30].. 415-86 K-4

Federal Register / Vol. 51. No.168 / Friday. August 29. 1986 / Rules and Regulations 30843 with handling. transport. and disposal of indicate how likely the extreme case may b~e higher on an mdividual besis but the specific wastes Any incremental may be) In addition, the petitioner's the exposures and the number of nonradiological impacts should be analysis should also address potential exposed individuals are more essessed. Also the petitioner should use exposures from handling and transport predictable and the exposures are short. the analyses to prepare and submit a accidents. The petitioner's analysis of term. The critical group should be the dit:iled regulatory analysis with the accidents should include all segment of the population most highly petition. assumptions, data, and results to exposed exclusive of radiation workers. f

1. Radiologico/ impacts. The facihtate review. The potential for The other part is the general population i

evaluation of radiologicalimpacts shipment of the entire waste stream to where the expcted exposures and size should distinguish between expected one or a few facilities should be of the exposed population are less { cod potential exporures and events. assessed. This scenario currently existo predictable, potential individual impacts should be assessed for the for 10 CFR 20.306 exempted liquid exposyres are probably much smaller, sxpected concentrations and quantities scintillation wastss and might result and exposu es may extend over longer of radionuclides.The petitioner should from very limited numt>ers of treatment timeframes. Presentation of the quantitatively evaluate the impacts from facilities or decontamination services. population exposures in these two parts the proposed waste for each option The analysis ol impacts for transport, should contribute to a more meaningful requested. The petitioner should clearly handling, and disposal should include cost / benefit analysis. relIte the analytical findings to specific evaluation of this potential circumstance

2. Otherimpacts. The NRC action to provisions in the recommended rule unless it can be clearly ruled out.

exempt the radiological content of the ch:nges. For example. the basis for each As suggested in Paragraph 89 on page wastes would not relieve persons r commended radionuclides limit should 20 of ICRP Publica tion 46 8: handling, processing. or disposing of the be clearly explained? Exception from regulation and wastes from requirements applicable to The radiological impacts included in requirements on these bases should not be the nonradiological propertigs. The NUREG/CR-3585 and in NRC's used to make it possible to dispose of large petition should demonstrate : hat the computer program (IMPACTS-BRC) quantities of radioactive matenalin diluted nonradiological properties of the cov2r exposures to workers and form. or in divided portions, causing radioactive waste are the same as the individual members of the public and widespread pollution which would eventually nonradioactive materials ncimally cumulative population exposures. The build up high dose levels by the addition o[ handled and disposed of by the program calculates both external direct "g" hd to e proposed methods.If the npt vi i a t. nonradiological properties are similar g mma exposures and exposures from isolation or treatment, have been made ingested or inhaled radionuclides. NRC's temporanly harmless but that imply large and the volumes of exempted weste ccmputer program can be used to potential for release and could give noe to would not impact the normal operations, calculate the expected radiological high individual doses or high cel!*ctive doses there should be no incrementalimpacts. imp 7 cts frnm generator activities. The analysis of expected radiological if the petitioner is aware of other impacts whi-b should be considered for transportation, treatment, disposal impacts should clessly address: opemtions. and post disposal inputs -The rnaximum individual exposures. the specific w;rtes in the petition, the The program can analvr.e a wide range -The c-itical group exposures petitioner s..ould also address the of rnanagement options includink -The cumulative population additional impacts.

3. Regalotory onelysis. In order to onsite treatment and disposal bv the exposures.

generator, shipment to municipal uaste The maximum individual exposure expedite subsequent rulemaking if the management facihties, and shipment to evaluation should include exposures to petition is granted. the analysis should hizardous waste management facilities. all members of the pubhc who may be also address the topics NRC must The program covers impacts beginning exposed beginning with the initial address in a Regulatory Analysis (e.g.. with initial handling and treatment by handling at tne generator's facility see NUREC/BR-0058. Revision 1. the generator through final dispont of through post-closure. Botn internal " Regulatory Analysis Guidehnes of the c!! the radionuclides contained in the uptake and external exposures should U.S. Nuclear Regulatory Commission").8 l waste stream. Sequential treatment. be included. The individual may be a Following the Regulatory Analysis j I sorting, and incineration onsite and at member of the general population (e.g.. format will structure the analytical, municipal and hazardous facilities can consumer of contaminated ground fmdmgs. present the bases for decisions, be essessed. Disposal of resulting ash water) or a person receiving the and address the environmental end residue is included. Post-disposal exposure from his or her occupation, assessment requirements. The topics I imp: cts that con be calculated include Anyone who may be exposed and is not ere: l releases due to intrusion. ground water a radiation worker should be considered (1) A statement of the problem. This migration, erosion. and leachste a member of the public. For example, a topic is the need for determining which eccumula2 ion. The program thus worker at a sanitary lanFill or a wastes may be safely disposed of by addresses both expected and potential commercial trash truck driver would not means other than shipment to licensed i post disposalimpacts-be a radiation worker. However. Iow level waste sites j The petitioner's analys:t of transport occupational exposures to radiation (2) Alternatives All reasonable imp: cts should be based on a workers should be evaluated and af ternatives to the proposed action rea onably expected special distribution considered in the cost / benefit analysis should be described. The no action or cflicensees and waste treatment and of the incrementalimpacts between status quo alternative should always be disposal facilities which will accept the disposal at a licensed facility and the included. wastes.The petitioner should address requested disposal options. (3) Consequences. This topic calls for parameters such as average and The total population exposures can be an analysis of the impacts of each extreme transport distances.The estimated and summed in two parts. alternative described. The factors the petitioner's analysis should address the One part is the smaller critical group petitioner should address include costs basis for parameter selection and (usually the occupationally exposed and benefits and practical or legal charactenze the expected patterns (e s.. population) where potential exposures constramts. Cost / benefit considerations i 5-ON999 0000(00x2s Avo-s6.Io.5154) K-5 1

K,%;, federal Register / Vol. 51 Nc.168 / Friddy. August 29, 1986 / Rules and Regulations and constraints are discussed more fully to implementation. For most radioactive address whether changes in technical after this listing of topics. matenals, the general DOT threshold specificat" ions or licenses may be (4) Decision rotiono/e. This topic is a limits of 0.002 microcuries per gram needed. conclusions statement that explains why apply. However, the DOT issued a final the preferred alternative (s) should be rule on June 6.1985 (50 FR 23811) that F. Proposed Rule adopted. amended 49 CFR Part 173 to exempt low (5) /mplernentation. This topic covers specific activity wastes as described in The petition should include the text the steps and schedules for actual NRC's rules in 10 CFR 20.306. (Note that for the proposed rule (see 10 CFR implementation of the proposed rule. DOT emphasized that the wastes remain 2.802(c)(1)). The proposed text should The petitioner should address the topic subject to the provisions related to other cover at least the4ollowing-from the weste generator's perspective hazards; see 49 CFR 173 425(d).) (1)The quantity and/or concentration and include surveys discussed under limit for each radionuclides present Topic Ill.A 5. Recordkeeping and E. RecordAceping and Reporting. (trace radionuclides could be lumped Reporting together with a totallimit); A cost / benefit discussion is an

1. Surveys. Existing regulations in l 10 i

essential part of both environmental and CFR 20.201 establish general NRC (2) A method to deal with radionuclides mixtures; regulatory impact considerations and is, requirements for performing surveys as therefore, essential to expedited necessary to comply with Part 20. (3) The nonradiclogical specifications handling. The discussion should focus Licensees would have to conduct necessary to adequately define the on expected exposures and realistic surveys of the waste properties prior to waste; and concentrations or quantities of release for exempt disposal to verify (4) The specific method (s) of exempt radionuchdes. The cost / benefit that the waste meets the prescribed disposal. discussion should include the hmits.Such survey programs might if practicable, and if the supporting differential exposure and economic consist of (1) fairly comprehensive information indicates the need. the text costs between disposal at a heensed initial sampling and saalysis to confirm should also address other features such low. level waste disposal site and the that the licensee's wastes will fa!! below as annual limits on each generator in proposed option (s). It may also include the limits. (2) periodic unalysis as part of terms of volume, mass. or total qualitative benet ts. Reduced hazards a process or quality control program to radioactivity, and administrative or j i frorn not stormg hazardous or confirm the initial findings. and (3) a procedural requirements including combustible materials might be a routine survey program prior to release process controls, surveys. etc., that have benefit. Ehmination or reduction of the of wastes to monitor for gross been discussed. The text should not hazardous properties (e g.. by irregularities. To show that licensees include the various dose limits used to incineration) cculd be another. can be expected to conduct compliance justify the proposed radionuclides limits. Detrimental costs might also be surveys prior to waste trapsfer, the j qualitative such as loss of space in petitioner should describe a sample Ill. Decision Criteria municipal or hazardous waste sites.The survey program. The three components economic impact on the licensed site just discussed should be included, if The Commission policy statement operations (i.e.. loss of income from appropriate, for the waste stream. establishes that the folle ving criteria diverted wastes) and its potential effect Records of the surveys would be should be used by staff as guidelines for on the availability of economic and safe maintained for inspection. acting en a petition. Each criterion is disposal should be addressed. Costs of surveys and verifying comphance

2. Reports. "'he petitioner shouH repeated and staff views on discussed under Topic II.E.

assume that annual reports on disposals implementation sia discussed. Recordkeeping and Reporting should will be required and that associated

1. Disposal and treatment of the also be covered. The cost / benefit should recordkeepmg to generate the reports wastes as specified in the petition will also reflect ALARA considerations.

will be imposed. Minimum information result in no significant impact on t, e n Radiation worker exposure. public in the annual.eports initially might quality of the human environment. exposure. and environmental releases include the t>pe of waste. its volume.its Discussion Unless this finding can be might be appropriate in ALARA estimated cune content. and the place made during information submitted by considerations. In weighing the and mar.ner of disposal. increased the petitioner, the Commission must exposure costs and econornic costs for recordkeeping and reportme prepare an Environmental Impact hght water-cooled nuclear reactor requirements would address Statement to more Mly examme the wastes the petitioner could use, for uncertainties in projecting future proposed action. alternatives to the perspective, the $1.000 per person rem volumes or amounts of wastes and proposed ection, and associated guidehne in to CFR part 50. Appendix !. NRC's responsibility to consider the for effluent releases from these facilities. cumulative impacts of multiple potentialimpacts of alternatives. Preparation would likely involve The petitioner should identify any exemptions. When these requirements legal or regulatory constraints that might are proposed. Office of Management contractual support and would likely impact implementation of the petitioned and Budget (OMB) approval is required. take 2 years or more to complete.The change.The compatibility of the waste To facihtste NRC filing for OMB Comtnission could not act in the petition with the proposed method of disposal approval, the petitioner should include n an expedited manner. was c'iscussed under Topic !! B.2. Other any duplicating or overlapping reporting 2 e i ective constraints might stem from Department requiremenir,. the number and type of 9 of Transportation (DOT) labeling. expectH respondents, suggestions for member of the public does not exceed a placarding. and manifesting miramizing the burden, estimates of the few millirem per year for normal requirements for radioactive matenals. staff hours and costs to prepare the operations and anticipated everits. Since the receiving facility will not be reports and keep the records. and a brief Discussion:ne effective done licensed to receive radioactne description of the basis for the equivalent means the ICRP Publication materials, this cculd be an impediment estimates The petitioner should also 26 and 30 s sum of the dose from $.o74999 001000sds-A UG. s6-10 5157) F4700FMT...[16.30].. 4-15-86 K-6 U

30846 Federal Register / Vol. 51. No.168 / Friday. August 29, 1986 / Rules and Regulations

8. The waste is compatible with the and projected waste characteristics, expeditious action on the petitions. In proposed treatment and disposal reporting on the wastes actually addition, the Handbook notes general a ptions.

transferred for below regulatory concern scheduling advice that proposed rules to Discussion:This criterion relates to disposal will be important and should grant petitions should be published in 6-tha nonradiological properties of the be practical. 12 months after acceptance and wastes. For example. disposal of

12. The offsite treatment or disposal publication for comment. Proposed rules radioactive wastes that also qualify as a medium (e.g., sanitary landfill) does not will be forwarded to the Commission on nonradiological hazardous material need to be controlled or monitored for a 6 month schedule to the extent should be proposed for disposal radiation protection purposes.

permitted by resource limits, the nature msthods in accord with epa regulations Discussion: The evaluation of and extent of public comments, and (2.g. incineration or disposal at a expected exposures abould providg the intemal Control of Rulemakings hizzrdous waste facility). Also. wastes basis for meetmg this criterion. procedures. Rulemakings involving proposed for incineration should be However, this is an area where NRC power reactors must be reviewed by the combustible and wastes proposed for will have a continuing responsibility as Committee on Review of Ceneric Isndfills should be appropriate for multiple petitions are processed. Requirements prior to publication. disposa! in typical landfills anywhere in Reporting on actual disposals will help Proposed rules involving reactors will tha nation. NRC address this responsibility and therefore be forwarded to the

7. The exemption is useful on a monitor the adequacy of the limits Commission on a 7 month schedule to national scale,i.e.,it is likely to be used included in the exempted disposals.

the extent permitted by resources, by a,fcategory of licensees or at least a 13.The methods and procedures used comments, and approval procedures. In si r.! icant portion of a category. to manage the wastes and to suess the both cases, every effort will be made to Discussio::: Rulemaking is usually not impacts are no different from those that publish proposed rules no later than 12 warranted for wastes involving a single would be applied to the corresponding months after noticing for public lic:Insee, whether a continuing disposal uncontaminated materials. comment. activity or a one. time disposal. Such Discussion: Since the receiving facility Although the procedures in Part 11 of proposals by individual licensees are will not be licensed for radioactive NUREC/BR-0053 include fast track normally processed as licensing actions materials, special handling or measures processing, the nature of the anticipated under 10 CFR 20.302(a). should not be required at the processing petitions do not full comply with the

8. The radiological properties of the or disposal sites because of the decision criteria to follow this waste stream have been characterized radioactive content of the westes.This
  • g,**d"]he key features of the en a national basis the variability has criterion also means that realistic g,,,f been projected, and the range of assumptions about the disposal methods handling procedures include the variation will not invalidate supporting have been made in estimating following steps for complete and fully cnalyses.

exposures. Discussion One of the merits of 14.There are no regulatory or legal supported petitions. dealing with specific waste streams is obstacles to use of the proposed

1. Petitioners may confer on that the actual properties of the waste treatment or disposal methods.

procedural matters with the staff before stresm car: be relied upon in estimating Discussion: To have practical use, the filing a petition for rulemaking. Requests co" 'b I ma ejs 'd impsets rather than conservative disposal option must be available. For ddr I' D beunding parameters.The specific example,if all hazardous waste of Rules and Records. Office of pathways that must be considered can facilities that accept offsite wastes are be limited to manageable numbers.The closed or are not reasonably distributed. Administration. U.S. Nuclear Regulatory expected fate can be credibly limited the practicahty of an exemption to allow Commission. Washington. DC 20555. based on the properties. disposal at such sites is questionable. Attention: Chief. Rules and Procedures Branch. 9.The waste charseterization is based Since the receiving facility will not be on data on real wastes. licensed for radioactive materials.

2. Psiitions should be addrened to:

q ) Discussion: Actual data on real waste shipments to landfills or hazardous The Secretary. U.S. Nuclear Regulatory provide reasonable assurance that the waste facilities should not require Ccmmission. Washington. DC 20555, waste characterir.ation is accurate. Identification as radioactive materials, attention: Docketing and Service 10.The diaposed form of the waste Branch. In keeping with to CFR 2.802(f). has neghgible potential for recycle. IV. Administrative Handling petitioners will be promptly informed if Discussion: Eliminating the Agency procedures for expeditious the petition meets the threshold uncertainties associated with recycle is handling of petitions for rulemaking requirements for a petition for necessary to expeditious handling. were initially pubbshed in 1982 in rulemaking m to CFR 2.802(c) and can Sp$cifying specific westes and specific NUREC/BR-0053. " Regulations be processed in accordance with this methods of disposal narrows the Handbook."8 The procedures are implementation pian. Ordinarily this p6thways and timeframes to contained in Part 11 of the Handbook detenninstion will be made within 30 manageable numbers. and were most recently revised in days after receipt of the petition.

11. Licensees can establish eflective.

September 1985. Becaute of resource

3. Following this determination, the licensable, and inspectable programs for limitations and other factors, these petition will be noticed in the Federal

( the weste prior to transfer to procedures have not been fully Register for a public comment period of demonstrate compliance. implemented. Petitions for rulemaking at least 80 days. Discussion: Survey programs and submitted in accordance with the

4. The petitioner will be provided quility control progranis will be needed Commission's policy statement and this copies of all comments received.

13 provide reasonable assurance that staff implementation plan will be scheduling information, and periodic cetu 1 wastes disposed of under an procened in full compliance with these status reports. sumption rule meet the specified procedures. These procedures coupled The procedures in NUREG/BR-0053 parameters. Since disposal would be with agency policy to complete all also include the process for denial and sxempted based on both established rulemaking within 2 years will provide withdrawal of petitions. S-ouse9 0012(cox28-AUG-86-lo.52cn l F4700.FMT...[16.30).. 415-86 K-7 b

Fedstil R2gistir / Vol. 51. No.168 / Friday. August 29. 1986 / Rules end Rigulstions 30847 Footnotes:

  • Copies of NUREC/BR 0053. NUREC/BR-0068 and NUREG/CR-35a5 may be purchased through the U.S. Government Printing Offia by calhng (202) 275-2080 or by writing to the

- U.S. Government Printing Office. P.O. Box 37082. Washington, DC 20013-7082. Copies may also be purchased from the National Technical informa tion Service. U.S. Department of Commerce. 5185 Port Royal j Road. Springfield. VA 22161. Copies are cvailable for inspedion and/or copying for a fee in the NRC Pubhc Document Room.1717 H Street. NW Washmston. DC 20555. 'ICRP Pubhcstion 46 " Radiation. Protection Principles for the Disposal of Solid Radioactive Waste." adopted July 19u5. i 'lCRP Publication 28. " Recommendations sf the International Commission on Radiological Protection." adopted January 17. 1977. ICRP Publica tion 30. "lJmits for Intske of Radionuchdes by Workers." adopted July 1978.

  • Copies of the United Kirigdom'a document ere available for inspection as enclosures to SECY-45-147A (relating to 10 CFR Part 20) 1 dated July 25,1985 in the Commission's

] - Public Document Room.1717 H Street NW. J Washington. DC 20555. The United Kingdom documents are available for sale from: Her Majesty's Stationery Office. P.O. Box 589. London SE19NH. United Kingdom. as Advice document ASP-7 and a related technical report.~fhe Significance of Small Doses of Radiation to Members of the Pubhc. NRPS-R175.

  • Copies of the Canadian document are available for inspection as an enclosure to SECY-45-147A (relating to 10 CFR Part 2o]

dated July 25,1985 in the Commission's Pubhc Document Room.1717 H Street NW. Washington. DC 20555. 'The Canadian document was issued as Consultative i Document C-45. "The Basis for Exempting the Disposal of Certain Radioactive Materials i from Ucensing" by the Atomic Energy 1 Control Board. P.O. Box 1048. Ottawa, Ontario. Canada. K!P ESS. e ICRP/85/G-03. " Statement from the 1985 Ports Meeting of the International Commission on Radiological Protect."1985-04-36. lFR Doc. 96-1955o F0ed 8-28-46. 8.45 am] i salmes coot tse64s-as K-8

i ( Federal Register / Vol. 51, No. 231 / Tuesday..Decertt$rm % 1986 / Proposed Rules 43367 NUCLEAR REOULATORY in a licensed low-level waste disposal impacts are no different from those thal - COMMISSION facility (51 FR 30839). The pecy would be applied to the corresponding statement and staff implementation plan - uncontaminated materials. 10 CFR Parta 2 and 20 were published as Appendix B to 10

14. There are no restlatory or legal CFR Part 2. The policy statement and obstacles to use of the proposed Radioactive Weste Below Regulatory plan are in the nature cf regala'ory treatment or disposal methods.

Concern; Generic Rulemaking guidance for implementing existing The policy statement and staff requirements for rulemaking petitiorts implementation plan responded to the Aossocy: U.S. Nuclear Regulatory contained in 10 CFR 2.802. These six-month mandate in the Low Level Commission, documenu describe the kind of Radioactive Waste Policy Amendments ACTiow: Advance notice of proposed informaibn petitioners should file to Act of 1985 which required NRC to ruitmeking. allow expedited Commission review of establish standards and procedures for aussesAsnr:The Nuclear Regulatory the petition as well as the decision expedited action on below regulatory Commission (NRC)is considering criteria that should ensble expedited ' concern waste disposal petitions. rmending its regulations to address actica on petitions tmd upon which NRC However, the Commission realizes that disposal of radioactive wastes that would base its judgments, a generic rulemakm on the issues contain sufficiently small quantities or Commenters should r.onsult the associated with fin mgs that certam, e x mp ed m fu e low concentrations of radionuclides that August 29,1986 Federal Register notice ystes ma thrir disposal does not need to be for assistance in formutoung their e risk blic wif sinkan undjd regulated as radioactive. The NRC comments on this issut However, the d recently published a policy statement decision criteria listed in the pobey issues to be considered in individual that provides guidance for filing statement are repeated here for the rulemakings on specific wastes. Generic reat er's convenience. petitions for rulemaking to exempt rulemaking could also address broader specific waste streams. Generic

1. Disposal and trestrnent of the issues associated with the general issue tultmaking might provide a more wastes as specified in the petition will cmcient and effective means of dealing result in no significant impact on the of slightly contaminated radioactive materials. The six-month mandate in the with disposal of metes below NRC quality of the human environment.

Act effectively precluded rulemaking as regulatory concern. A generic approach

2. The maximum expected offective an initial approach but the Commission could potentially reduce the burdens dose equivalent to en inuisidual can now consider the matter more casociated with disposal of radioactive member of the public does nm exceed a carefully.The policy statement and staff waste by all Commission licensees. For few milbrems per year for normal implementation plan will be used in the NRC to find that wastes may be operations and anticipated events!

nterim while the Commission considers disposed of without regard to

3. The collective doses to the cntical rulemaking in the area. Publication of r:dioactive content.,the disposal must population and general population are this notice should in no way discourage not pose an undue nsk to public health sm.ill peutioners from making use of the and safety or the environment. Generic
4. The potential radiological opt on for petitions for expedited rulemaking would supplement the conwquences of accidents or equipment rulemaking on specific waste streams.

earlier policy statement response to a malfunction involving the wastes and The NRC requests public comment on m:ndste in section 10 of the low. Level intrusion into disposal sites after loss of the general question of whether and Radioactive Waste Policy Amendments normal institutional corttrois are not how to proceed on the matter of Act of 1985 (Pub. L 9b240). significant. exemptmg slightly contaminated =ctir.: The comment period expires

5. The exemption wilt result in a radioactive materials from its March 2.1987. Comments received efter significant reduction in societal costs.

requirements for disposal. The NRC also thie date will be considered if it is

6. The waste is compatible with the seeks public comment with respect to practical to do so but assurunce of proposed treatment and dispostil the following issues and questions. (In consideration may not be given except options responding. commenters are encouraged as to comments received on or before
7. The exempuon is useful on d to progide specific suggestions and the this date.

national scale ie itis likely to be used basis for suggestions offered.) Aoonesses: Mail comments to b,y a category of IJeensres or at least a Of!n the past. the Commission has Secretary. U.S Nuclear Regulatory signincant podion of a category. concluded that consideration of 8 e radio p p s te Commission. Wa shington. DC 20555, en e d exempting wastes from regulation on,a Attention: Docketing and Service waste stream.by. waste-stream basis is Branch. or deliver comments to the on a national basis, the variability has 'he most practical way to proceed and ct h ang o NRC's Public Document Room.1717 H e[nj willlead to exemptions most useful for . j Street NW., Washington, DC between licensees. Assuming this course of j ""a;, g. he waste charactenzation is based action. what type of rulemakins would 1 &15 a.m. and 5:00 p.m. weekdays. ron runtutR imponssation cowtAcT: on data on real wastes. facilitate exemption of waste streama? Kitty S. Dragonette. Division of Waste

10. The disposed form of the waste F r example.

Management. Office of Nuclear Material has negl%ble potential for recycle. (a) Should the decision criteria listed Safety and Safeguards U.S. Nuclear

11. Licensees can establish effective, above from the Commissien policy i

Regulatory Commission. Washington. licenssMa and inspectable programs for statement be codified as rules instead of DC 20555. Telephone: (301) 427-4300. the waste prior to trari fer to guidance? j surettaeENT ARY INFOResAT10ec On demonstrate compliud a (b) Should the decision enteria in the August 29.1986, the NRC published a

12. The ofYsite treatment or disposal Commission policy statement be policy statement and staff medium (e.g., sanitary landfill) does not quantified where possible and then be implementation plan regarding how it need to be controlled or monitored for codified to facilitate processing plans to expedite handling of petitions radiation protectm purposes.

pet 2tions? for rulemaking to esempi specific 13 The methods and procedures used (c) Should additional enterie be added radioactive waste streams from dispcsal to rnanr~ the wastes and to assess the or criteria be deleted before they are ( K-9 I

-m l tii i 43368 Federal Register / Vol. St. No. 231 / Tuesday. December 2,1906 / Proposed Rules I' quantified and codified? EPA requested comments on standards (2) Should the NRC take an entirely for residual activity in buildings and different approach than that reflected in soils of facilities being decommissioned. the policy statement? For example, Should NRC defer entirely, or only in (a) Should the NRC try to establish part, to EPA standards development in concentrations or quantities of this area? l radionuclides that are below regulatory. (6) Are there othet.~ -kat or concern regardless of the form or international standard. ; Nadards I i disposal circumstances? In the past, the development activities ths *.RC should Comnussion has concluded that such encourage or support that could negate concentrations or quantities would be so or minimize the need for further NRC low or small that they would be of no action? practical value to licensees. Factors List of Subjects such as the uncertainty in potential pathways and f'arther uses or recycle of 10 CFR Part 2 the contaminated materials and the Administrative practice and consequent conservatism that must procedure. Antitrust, Byproduct therefore be co sidered have material Classified information, contnbuted te ' nis conclusion. Environmental protection, Nuclear Innovative id*as form commenters on materials. Nuclear power plants and how to deal with these uncertainties reactors, Penalty. Sex discrimination, I would be welcome. Source material. Special nuclear (b) Should NRC develop a risk or dose material. Waste treatment and disposal. value that would represent generic regulatory cut-offlevels for an 10 CFR Port 20 l individuallicenve's waste (e.g. 0.1,1. Byproduct material. Licensed or 10 millirems per year)? If so. how material. Nuclear materials. Nuclear would a licensee demonstrate that its power plants and reactors Occupational disposal practices do not result in safety and health. Packaging and rnembers of the public being exposed in containers. Penalty. Radiation excess of the established limit? For protection. Reportmg and recordkeeping example. can computer codes be requirements. Special nuclear material, developed that licensees would have to Source material. Warte treatment and use to demonstrate compliance with a disposal. generic below regulatory concern risk or dose value? What survey, Authonty:Sec.181.es Stat see es recordkeeping, and reportir.g amended (41 U.S.C. 22 ell; sec. 201 as Stat. requiressents should be included in such 1242. as amended (42 U.S.C. so41L $ abons? Dated at Washington DC, this 26th day of (3) How can NRC most effectively address the potential for exposures of For tht%clest Regulatory Commission. \\ members of the public from multiple Samuel 1. Chn, l disposal practices or sources that are Secretary to the Commission. each below NRC regulatory cencern? (FR Doc. 86-27055 Filed 12-1-88; 8:45 amJ This concern has been addressed an.uma coot rsasn.w internahonal}y and in the staff implementahon plan published with the Commission's policy statement by limiting the wvinum potential exposures froen mdividual practices. Under this approach inadvertent exposure of a member of the public to five or ten individual disposal practices would still be of no regulatory concern. How can this aspect of below regulatory ) concern be best addressed in waste-stream.by. waste-stream or more generic epproaches? (4) Should NRC develop additional guidance instead of rulemaking? If so, what guidance would be most helpful? (5)'Ite Environmental Protection Agency (EPA) has issued notices on two aspects of shght}y contaminated radioactive wastes. In its ANPRM on low level wastes (48 FR 38563; August 31,1983). EPA asked. "Are there some types or classes of radioactive waste which do not need regulatory control to protect f.Ae public?"In its ANPRM published June 1e.1986 (51 FR 222G4), K-10

/ _.o>v._ _ ,_,_......_.,..c ,,s.._ u. ""o',"Es BLIOGRAPHIC DATA SHEET NUREG-1213 i Pev. 1 us NsvauctiohioN T i nevea 211T LE AND Sutil1Lt J LE Avg BLANn Regulatory Commissio I r Implementation of U.S. Nuclear Plans and Schedules M responsibilities Under the Low-Level Radioactive ste Policy Amendments Act of l anc; In I co_nni l ^" Julf .1987 . Aumo <, i /(,,,,,t,,' " " " "l" " " " ',,, M. M. Dunkelman sugus 1987 85 parr ae le C.#el 8 [JtcT/1 Assuvvohn UN,i NUMatm 7 P't M ORMING ORGAN 14 Al EON NAME AND MAsLING AD u Division of Low-Level Waste nagement and Decommissioning / . 0ffice of Nuclear Material Sa ty and Safeguards P + 'N oa

  • AN' NvMa a U.S. Nuclear Regulatory Commis.on Washington, D.C.

20555 10 5<ONSONING ORGAN 62 ATION NAME AND M AIL.NG ADDRE$$ ff gap coa.s i ts T YPE OF REPOH1 Regulatory l-Same as 7. above. ~ ,,...,0 0 co v.. o,,,,,.. i2 sureaMau Aa, Nou. 13 A85ffeACT (2:10 sweres., i.est l The purpose of this document is to k available to the States and other interested parties, the plans and hec 'les for the U.S. Nuclear Regulatory Commission's (NRC's) implementati of responsibilities under the Low-Level Radioactive Waste Polify Amend nts Act of 1985 (P.L. 99-240) (LLRWPAA). Thisdocumentidenfiesthe 'ovisions of the LLRWPAA which identifies. hat the NRC must do to fulfill affect the programs of the NR each of its requirements und the LLRWPAA, nd establishes schedules for carrying out these requirem ts. Revision 1 f this document includes the accomplishments and schedu revisions made NRC since July 1, 1986. + l I u nacvMie ANAL o,s...i maaou c.,,vo. A,,.,sA. w, Waste Policy Amendments Act of 1985 Low-level Radioacti 1 Low-Level Waste Public Law 99-240 Radioacti Disposal Unlimited Radioactive Waste NRC '* " co"'" c'^a ' 'c a"oN LLRWPAA Compacts Nuclear Regulatory Commission y' *]' . oiNr... as>o,eN e hne o, u, ,r.,,,,.,,,e Unclassified o NvMua o..Aca 'e Psm.g

  • U. S.C0r( AN8tEh? Pa lhf ihC Of f JCE 1987 161 697:60703

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