ML20247B047
| ML20247B047 | |
| Person / Time | |
|---|---|
| Issue date: | 12/16/1988 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Brennan J HOUSE OF REP. |
| References | |
| REF-WM-3 CCS, NUDOCS 8903290269 | |
| Download: ML20247B047 (2) | |
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December 16, 1988 The Honorable Joseph E. Brennan United States House of Representatives Washington, DC 20515
Dear Congressman Brennan:
I am rcsponding to your November 4,1988 letter to Chairman Zech, in which you inquired about who would be legally responsible for low-level radioactive waste disposal sites after 100 years of institutional control.
The responsible party would be the Federal or State government agency that owns the low-level waste disposal facility. NRC regulations, 10 CFR Part 61, (copy enclosed), require that the f acility may only be located on land owned by the Federal or a State government. This requirement is intended to provide for long-term government control of the land used for disposal of low-level waste.
In tddition, two types of institutional control, termed active and passive, are associated with government land ownership.
Each is discussed further below.
Also, assuming that the Comprehensive Environmental Response, Compensation, and Liability Act is in effect after the 100 year institutional control period, other responsible parties may be identified.
10 CFR Part 61 provides for active institutional control of a closed low-level waste facility by the Federal or State landowner for a 100-year institutional control period, af ter facility closure. During that time, the regulation requires that the facility's custodial agency be licensed either by NRC or the appropriate Agreement State, pursuant to compatible Agreement State regulations.
Further, the custodial agency must control access to the At the end of the institutional control period, if the facility has facility.
performed satisfactorily, the license may be terminated in accordance with the terms of 10 CFR Section 61.31 (or comoatible State regulation).
Beyond the 100-year active institutional t.ontrol period, no license is required. Passive institutional control of the site would be exercised by the government landowner through continued government land ownership and control of the site, appropriate restrictions on the property deed to restrict future land use, and the transfer of records detailing the location and quantity of In the wastes contained in the site to local, state and federal agencies.
development of Part 61, NRC considered that active institutional controls should not be relied on after 100 years tc protect the public health and CCS2
't FULLTEXT ASCU ggg 8903290269 881216 PDR COMMS NRCC CORRESPONDENCE PDC
4 The Honorable Joseph E.' Brennan 2
saf ety. After 100 years, continuing assurance of safety is provided by radioactive decay, the use of stable waste forms and barriers for higher 1
activity wastes and the continuance of the passive institutional controls mentioned above.
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i I hope thdt this has been responsive to your inquiry.
I Sincerely, CV J yr 7
6 F<7 / T'c.//
. p V1(tor Steflo, Jr. /
Executive Director for Operations l
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