ML23342A028

Draft Supporting Statement for 10 CFR Part 61

ML23342A028
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Issue date:	02/23/2024
From:	NRC/OCIO
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Download: ML23342A028 (15)

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DRAFT OMB SUPPORTING STATEMENT FOR 10 CFR PART 61 LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE (3150-0135)

EXTENSION

Description of the Information Collection

The Nuclear Regulatory Commission (NRC) regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 61, establish the performance objectives, proced ures, criteria, and terms and conditions upon which the NRC issues licenses for the land disposal of Low-Level Radioactive Wastes (LLW) containing byproduct, source, and spec ial nuclear material received from other persons. The regulations are issued pursuant to the Atomic Energy Act of 1954, as amended, and Title II of the Energy Reorganization Act of 1974, as amended. The supporting statement lists the information needed to support the applicati on and operation of a land disposal facility that is required to be submitted under 10 CFR Part 61 by the applicants for or licensees of LLW disposal sites to ensure the adequate protecti on of public health and safety, common defense and security, and the environment during the dis posal sites licensing period.

A. Justification

1. Need for and Practical Utility of the Information Collection

10 CFR Part 61 requires information submissions in the form of applications, reports, and records. The NRC or Agreement State staff needs this information to ensure adequate protection of public health and safety, comm on defense and security, and the environment. The information collection need s relative to requirements imposed by specific sections of 10 CFR Part 61, ar e provided in Appendix A to this Final OMB Supporting Statement.

2. Agency Use of Information

The general, technical, institutional, and financial informatio n included in the applications will be used by the NRC or Agreement State to dete rmine whether the proposed activities can be conducted safely without harming common defense and security and constituting an unreasonable risk to t he public health and safety or the environment.

3. Reduction of Burden Through Information Technology

The approach throughout 10 CFR Part 61 was to specify the neces sary information but not to specify how the information must be main tained. For example, no application form is specified, and section 61.80(c) explicitly allows the use of microfilm for recordkeeping. However, section 61.80 (l) requires each LLW facility operator to store manifest and other information p ertaining to receipt and disposal of LLW in an electronic recordkeeping system. In addition, the operator must report pertinent manifest information to the NRC or Agreement State on a computer-readable medium. As a result, the NRC esti mates that 100% of the manifest information and other information pertaini ng to receipt and disposal of LLW is maintained and reported electronically. How ever, because of the types of information and the infrequency of submission, oth er information collections under 10 CFR Part 61 are generally not submitted el ectronically.

The NRC has issued Guidance for Electronic Submissions to the NRC which provides direction for the electronic transmission and submitta l of documents to the NRC. Electronic transmission and submittal of documents ca n be accomplished via the following avenues: the Electronic Informa tion Exchange (EIE) process, which is available from the NRC's Electronic Su bmittals Web page, by Optical Storage Media (OSM) (e.g., CD-ROM, DVD), or by email. It is estimated that approximately 100% of the potential responses ar e filed electronically.

4. Effort to Identify Duplication and Use Similar Information

The collection of the information required is not a duplication of other information.

No sources of similar information are available and there is no duplication of requirements. Section 61.21 specifically provides an opportuni ty for the applicant to avoid repetition in filing licensing submittals by referenci ng previously submitted material.

5. Effort to Reduce Small Business Burden

Applicants for operation of a disposal site may be small busine sses. However, the total number of applicants is expected to be small, and the information needs are the same for both large and small entities. As such, it is not possible to reduce the burden on small businesses by less frequent or less complete reporting. The NRC staff estimates that none of the four licensees subject to 10 CFR Part 61 are small businesses.

6. Consequences to Federal Program or Policy Activities if the Collection is Not Conducted or is Conducted Less Frequently

Not conducting the information collection or less frequent info rmation collection would compromise NRCs ability to make licensing decisions and monitor the continuing safety of disposal operations. Applications are sub mitted only when a license is requested or for renewal. License reports are requi red annually on financial status and site operations. Less frequent reports wo uld not give early warning of potential problems.

7. Circumstances Which Justify Variation from Office of Managem ent and Budget Guidelines

Section 61.9a (b) requires that an applicant or a licensee subm it a notification to the NRC in less than 30 days from the date of identifying infor mation having significant implications for the public health and safety, the environment, or the common defense and security, which is not covered by other repo rting requirements. The requirement to provide notification within t wo working days following the identification of the information is necessary to ensure that the NRC

2 is made aware of the significant safety information in order to take prompt effective action to protect the public health and safety, the e nvironment, or common defense and security.

Section 61.20 requires applicants to maintain the capability to generate additional copies of the application for distribution in accordance with i nstructions from the NRC. This allows the NRC to request additional copies for Stat e and local governments, Indian tribes, other Federal agencies, and other p ersons or entities affected by the application. However, current licensees and ap plicants are in Agreement States. Therefore, the NRC has not used the provisio n to generate additional copies of those applications. In addition, the NRC does not anticipate receiving any applications in the next three years.

Section 61.24(k) requires that licensees submit a notification to NRC in less than 30 days from the date of filing of a petition in bankruptcy. T his notification is necessary to ensure that the NRC is made aware of the bankruptc y so as to take effective action to protect the public health and safety, the e nvironment, and common defense and security. Allowing a period of 30 or more d ays to elapse might preclude the NRC from becoming aware of the licensee's di stressed financial circumstances in time to prevent the development or a ggravation of a potential hazard. Moreover, the United States Code contains re quirements regarding notification of creditors in bankruptcy. Notifying t he NRC promptly after the filing of the petition would, in fact, be less of a burden on the bankrupcy than a separate notification later in the proceedings. These record s would be transferred to a specified local, state, or Federal government official.

Sections 61.30(a)(3), 61.31(c)(3), 61.53, and 61.80(f) require retaining records longer than 3 years. Specifically, the records are required to be retained for the duration of the license. This retention period is required due to the length of time the LLW remains hazardous. Specifically, the long half-lives o f some radionuclides require information about the radionuclides, thei r location, arrival and disposal dates, and packaging well beyond 3 years to adequa tely protect the public health and safety, the environment, and common defense a nd security.

8. Consultations Outside the NRC

Opportunity for public comment on the information collection re quirements for this clearance package was published in the Federal Register ().

9. Payment or Gift to Respondents

Not applicable.

10. Confidentiality of Information

Confidential and proprietary information is protected in accord ance with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b).

However, no information normally considered confidential or pro prietary is requested.

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11. Justification for Sensitive Questions

None.

12. Estimated Burden and Burden Hour Cost

There are four low-level waste disposal facility licenses that have been issued by the Agreement State regulators that are still in effect (SC, TX, UT, and WA).

NRC has no existing disposal facility licensees, and no NRC app lications are expected in the next three years. The burden estimates in this document reflect the burden on these four licensees.

The following table documents the total burden for the four lic ensees under 10 CFR Part 61. For a breakdown of reporting and recordkeeping burden, please see Table 1 and Table 2, respectively.

NRC Licensees Agreement State Cost at $300/hr (hrs/yr) Licensees (hrs/yr)

Reporting 0 56 16,800

Recordkeeping 0 5,316 1,594,800

Total 0 5,372 1,611,600

The total burden of 10 CFR Part 61 for Agreement State licensee s to respond to the information collection activities is estimated to be 5,372 hours0.00431 days <br />0.103 hours <br />6.150794e-4 weeks <br />1.41546e-4 months <br /> (56 Reporting

+ 5,316 Recordkeeping). The total cost is estimated to be $1,6 11,600 ($300/hr x 5,372 hrs). Costs are estimated based on the rate used in NRC s license fee rule.

The $300 hourly rate used in the burden estimates is based on the Nuclear Regulatory Commissions fee for hourly rates as noted in 10 CFR 170.20 Average cost per professional staff-hour. For more information on the basis of this rate, see the Revision of Fee Schedules, Fee Recovery for Fiscal Year 2023 (88 FR 39120, June 15, 2023).

13. Estimate of Other Additional Costs

The NRC has determined that the records storage cost is roughly proportional to the recordkeeping burden cost. Based on a typical clearance, t he records storage cost has been determined to be equal to 0.0004 times th e recordkeeping burden cost. Therefore, the storage cost for this clearance is estimated to be

$637.92 (5,316 recordkeeping hours x 0.0004 x $300/hr).

14. Estimated Annualized Cost to Federal Government

There is no estimated annual cost to the Federal government for reviewing applications and reports, responding to notifications, and insp ecting applicable records. Because the four licensees are in Agreement States, t he States in

4 which they are located are responsible for these functions.

The staff has developed estimates of annualized costs to the Fe deral government related to the conduct of this collection of informa tion. These estimates are based on staff experience and subject matter expe rtise and include the burden needed to review, analyze, and process the collected information and any relevant operational expenses.

15. Reasons for Changes in Burden or Cost

There is no change in burden, the overall burden for this renew al remains unchanged at 5,372 hours0.00431 days <br />0.103 hours <br />6.150794e-4 weeks <br />1.41546e-4 months <br />. However, the staff time hourly rate increased from

$279 to $300 per hour in June 2023, resulting in a small increa se in the overall costs ($112,812).

16. Publication for Statistical Use

None.

17. Reason for Not Displaying the Expiration Date

NRC is not requesting any exemptions from OMB criteria.

18. Exceptions to the Certification Statement

None.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

Statistical methods are not used in this collection of informat ion.

5 Table 1 Annual Reporting Requirements Under 10 CFR 61

Section Description No. of Responses Total Burden Total Respondents per Responses Hours per Annual Respondent Response Burden (Hrs) 61.3(b), 61.11, License 0 0 0 18,000 0 61.12, 61.13, required, 61.14, 61.15, General 61.20, information, 61.22(b), specific, etc.

61.24(b) 61.6 Exemptions 0 0 0 2 0 61.9a(b) Completeness 0 0 0 1 0 and accuracy of information 61.10 Content of Included in 61.3(b) above or in 10 CFR Part 51, OMB No. 3150-0021 application 61.16 Other Included in 61.3(b) above or in OMB Clearances 3150-0009 or 3150-information 0002 61.24(k) Notification of 0 0 0 0.5 0 bankruptcy 61.26 Amendment 0 0 0 500 0 of license 61.27, 61.28, Renewal, 0 0 0 2,500 0 61.30, 61.31 closure, transfer, or termination of license 61.61, 61,62 Applicant 0 0 0 2,000 0 qualifications, assurances, and funding.

61.55(a)(2)(iv) Greater than 0 0 0 2,000 0 Class C waste 61.58, 61.63 Alternative 0 0 0 1,000 0 requirements for waste classification and characteristics and financial assurance for institutional controls

6 61.72 State and 0 0 0 2 0 tribal government consultation 61.80(g),(j) Maintenance Included in OMB Clearances 3150-0017, 3150-0020, and 3150-0009 of records, reports, and transfers 61.80(h) Filing of 4 1 4 1 4 annual financial report 61.80(i) Submission of 4 1 4 9 36 annual report on site activities 61.80(l) Reporting of 4 1 4 4 16 manifest information Total 12 56

NOTE: The four respondents indicated are Agreement State licen sees (SC, WA, TX, and UT).

The NRC has no existing disposal facility licensees, and no NRC applications are expected in the next three years.

Table 2 Annual Recordkeeping Requirements Under 10 CFR 61

Section Description No. of Burden Hrs per Total Burden Record Recordkeepers Recordkeeper (hrs/yr) Retention 61.53 Environmental 4 960 3,840 Duration of monitoring License 61.80(e)&(f) Maintenance 4 369 1,476 Duration of of records, License reports, and transfers 61.80(k) Maintenance Included in OMB Clearances 3150-0017, 3150-0020, and 3150-0009 of records, reports, and transfers 61.80(l) Maintenance Included in 61.80(f) and 10 CFR Part 20 Appendix G of records, reports, and transfers Total 4 5,316

7 Table 3 Annual Third-Party Disclosure Requirements Under 10 CFR 61

Section Description No. of Responses Total Burden Total Respondents per Responses Hours per Annual Respondent Response Burden (Hrs)

$300/hr 61.30(a)(3) Records 0 0 0 4.5 0 transfer to disposal site owner 61.31(c)(3) Records 0 0 0 5.5 0 transfer to disposal site owner and NRC 60.80(e) Maintenance 0 0 0 5.5 0 of records, reports, and transfers Total 0 0 0

NOTE: The four respondents indicated are Agreement State licen sees (SC, WA, TX, and UT).

The NRC has no existing disposal facility licensees, and no NRC applications are expected in the next three years. Also, the NRC does not anticipate any of these facilities transferring or terminating their licenses in the next three years.

Total Overall Responses = 16 (12 responses for reporting + 4 re cordkeepers)

Total Burden Hours = 5,372 (56 reporting + 5,316 recordkeeping)

Total Cost to Respondents = 1,611,600 (5,372 burden hours x $30 0/hr)

8 Appendix A

DESCRIPTION OF INFORMATION COLLECTION REQUIREMENTS CONTAINED IN 10 CFR PART 61

Section 61.3(b) requires that an application be filed, and lice nse be obtained before commencement of construction of a land disposal facility.

The information submitted in the application pursuant to this s ection and other sections described below is reviewed by various NRC organizatio nal units. The NRC review determines the adequacy of the applicant's disposal facility, equipment, organization, training, experience, procedures, and plans relative to the NRCs goals of protecting t he public health and safety, common defense and security, and the environment. The NRCs review and findings w ill form the basis for NRCs decisions concerning t he issuance, modification, or revocation of licenses for land disposal of radioactive waste.

Section 61.6 provides that the Commission may, upon application by any interested person, or upon its own initiative, grant any exempt ion from the requirements of the regulations as it determines is authorized by law, will not endanger life or property or the common defense and security, a nd is otherwise in the public interest.

Section 61.9a (b) requires that an applicant or licensee notify the Commission of information which the licensee recognizes as having significant implications for the public health and safety or the common defense and security. This requirement applies only to information which is not covered by other reporting or updating requirements. The information must be provided within two working days.

This requirement is necessary because there may be some circums tances in which a licensee possesses some information which could be impo rtant to the protection of public health and safety or the common defense an d security, but which is not otherwise required to be reported. The codificati on of this full disclosure requirement should not result in significant additio nal burdens on applicants or licensees. No formal program is required. What is expected is that licensees will maintain a professional attitude toward safety a nd that if some potential safety information is identified by the licensee, the information will be provided freely and promptly to the NRC so that the agency can evaluate it and act on it if necessary.

Section 61.10 requires that an application contain information as set forth in Sections 61.11 through 61.16 and indicates that an environmenta l report in accordance with 10 CFR Part 51 must also accompany the applicat ion.

Section 61.11 outlines general information needed to clearly id entify the applicant, to describe the applicant's qualifications, and to p rovide an overview of the proposed disposal facility and disposal activities. This i nformation is used to determine the appropriate responsible parties, and to understan d the scope of the proposed activities.

9 Section 61.12 specifies that the information required to be sub mitted concerning the disposal site, includes: (a) natural and demographic site c haracteristics; (b) design features of the land disposal facility and the disposal units; (c) principal design criteria and their relationship to the performance objec tives; (d) design basis natural events or phenomena and their relationship to the principal design criteria; (e) codes and standards applied to the design and whi ch will apply to construction of the facilities; (f) construction and operation of the facility; (g) site closure plan; (h) natural resources at the site that could attr act exploitation; (i) radioactive material to be disposed of; (j) quality control pro gram for design, construction, operation and closure; (k) radiation safety progr am for control and monitoring of radioactive effluents; (l) environmental monitori ng program and plan for corrective measures; (m) administrative procedures to be applied to control activities at the land disposal facility; and (n) a des cription of the land disposal facility electronic recordkeeping system. This inform ation is needed to permit NRC to determine that the performance objectives of Subp art C of 10 CFR Part 61 and the technical requirements of Subpart D will be met.

Section 61.13 specifies additional technical analyses that must be submitted, including: (a) protection of the general public from releases o f radioactive material by various pathways; (b) protection of individuals fro m inadvertent intrusion; (c) protection of individuals during operations; and (d) natural processes, such as erosion, settlement of wastes, and drainage, that affect the need for ongoing active maintenance after closure. This inform ation is also required to determine that the performance objectives of Subpar t C will be met.

Section 61.14 specifies the information required to be provided by the site landowner or potential landowner to enable the Commission to de termine whether adequate institutional arrangements have been made for long-term care of the disposal site.

Section 61.15 requires the submission of financial information sufficient to demonstrate that the financial qualifications of the applicant are adequate to carry out the activities for which the license is sought and me et other financial assurance requirements specified in Subpart E of 10 CFR Part 61. This information is needed for NRC to determine that there will be s ufficient funds to safely carry out disposal and long-term care of the disposal fa cility.

Section 61.16 specifies information concerning physical securit y measures, and safety information, including cr iticality that may be required regarding special nuclear material. This section primarily reflects existing req uirements in other parts of the Commission's regulations concerning special nuclea r material and is needed since Part 70 licenses are no longer issued waste dispos al licenses. The information is reviewed by the NRC staff to ensure safety, secu rity, and accountability of special nuclear material.

Section 61.20 requires that an application for a license under this part, and any amendments, must be signed by the applicant or the applicant's authorized representative under oath or affirmation, and, if the document is in paper form, must be the signed original. Applicants are required to mainta in the capability to generate additional copies of the application for distribution in accordance with instructions from the NRC.

10 Section 61.22(b) requires the applicant to supplement or update their application as necessary prior to issuance of a license. This requirement is needed to ensure that the Commission receives the most up-to-date informa tion concerning the proposed activities including any new information regarding the proposed activities.

Section 61.24(b) provides that NRC may require further statemen ts before termination of the license to enable NRC to determine whether a license should be modified or revoked. Such additional information is sometim es needed to rectify deficiencies in proposed or existing programs for prote ction of the public health and safety, the common defense and security, or the envi ronment.

The additional information submitted is reviewed by various NRC organizational units to assess the adequacy of the applicant's disposal facili ty, procedures and plans to protect the public health and safety, common defense a nd security, and the environment. The NRCs review and findings will form the b asis for NRCs decisions concerning the modification, suspension, or revocatio n of licenses.

Section 61.24(k) requires that a licensee immediately notify th e appropriate NRC Regional Administrator in writi ng following the filing of a ban kruptcy petition by or against the licensee or a controlling or affiliate entity. No action is required of a licensee unless, and until, a petition for bankruptcy is filed.

This information is needed because a licensee who is experienci ng severe economic hardship may not be capable of carrying out licensed a ctivities in a manner which protects public health and safety, common defense and security, and the environment. In particular, a licensee involved in ban kruptcy proceedings can have problems paying for the proper handling of radioactive material, decontamination, and decommissioning of the facility in a safe manner.

Improper materials handling or decontamination activities can l ead to the spread of contamination throughout a licensee's facility and the poten tial for dispersion of contaminated material offsite. Financial difficulties can also result in problems affecting the licensee's waste disposal activities.

The information provided by the notification would be used by t he staff to initiate a need for prompt NRC response or regulatory action in the even t of a potential hazard to public health and safety, common defense and security, and the environment posed by a licensee, who does not have the resource s to properly secure licensed material or clean up possible contamination. I n addition, prompt notification would allow the Commission to take timely and appr opriate action in a bankruptcy proceeding to seek to have available assets of the l icensee applied to cover the cost of decommissioning before funds are disbursed an d become unavailable.

Section 61.26 requires that an application for an amendment of a license be filed in accordance with Section 61.20 and must fully describe the ch anges desired.

This information is reviewed by the NRC staff to ensure that th e desired amendments will provide adequate protection of the public healt h and safety, the common defense and security, and the environment.

11 Section 61.27 requires that an application for renewal or site closure must be filed in accordance with Sections 61.10 through 61.16, 61.20, a nd 61.28. This information is reviewed by the NRC staff to ensure protection o f public health and safety, the common defense and security, and the environment.

Section 61.28 specifies the information required in an applicat ion for site closure following disposal operations. The information will be reviewe d by the NRC staff to determine whether there is reasonable assurance that the lon g-term performance objectives of Subpart C of 10 CFR Part 61 will be m et.

Section 61.30 specifies that the licensee may apply for an amen dment to transfer the license to the site owner. The application will be reviewe d by the NRC staff to make necessary findings to ensure that the license for the s ite can be safely transferred from the site operator to the site owner. The site owner provides licensed institutional control and care of the site.

Section 61.30(a)(3) requires the licensee to transfer any funds for care and records required by Sections 61.80(e) and (f) to the disposal s ite owner upon transfer of the license to the disposal site owner. This trans fer of funds and records is necessary to ensure that adequate funding and inform ation will be available to maintain the disposal site.

Section 61.31 specifies that, following the period of instituti onal control, the licensee may apply for an amendment to terminate the license. The application will be reviewed by the NRC staff to make necessary findings th at institutional control requirements have been met, that any additional require ments resulting from new information developed during the institutional control period have been met, and that permanent monuments or markers warning against in trusion have been installed.

Section 61.31(c)(3) requires the licensee to send the records r equired by Sections 61.80(e) and (f) to the party responsible for institut ional control of the disposal site and a copy to the NRC Regional Office immediately prior to license termination. Forwarding site records is necessary to ensure th at adequate information will be available to maintain the disposal site aft er it has been closed.

Section 61.53 requires the licensee to maintain an environmenta l monitoring system to plan for taking corrective measures if migration of r adionuclides would indicate that the performance objectives of Subpart C may not b e met. In addition, during site construction and operation, the licensee must maintain a monitoring program and keep records of measurements and observa tions to provide data for evaluation of potential health and environment al impacts. The information submitted will be reviewed by the NRC staff to dete rmine whether the disposal method will provide adequate protection of the public health and safety and the environment.

Section 61.55(a)(2)(iv) specifies that a licensee may submit a proposal for disposal, pursuant to Section 61.58, of waste greater than Clas s C. This requirement is needed to allow licensees the flexibility of saf ely disposing of waste that does not fit into existing categories. The informat ion submitted will be reviewed by the NRC staff to determine whether the proposed was te form and

12 disposal method will provide adequate level of protection of th e public health and safety and the environment.

Section 61.58 provides that the Commission may, upon request or on its own initiative, authorize other provisions for the classification a nd characteristics of waste. Requests under this section are examined by the staff t o determine whether, after evaluation of the specific characteristics of th e waste, disposal site, and method of disposal, that there is reasonable assuranc e of compliance with the performance objectives of Subpart C of 10 CFR Part 61.

Section 61.61 requires each applicant to show that its financia l position is such that the estimated costs of conducting all licensed activities can be met. This is needed to help ensure that the facility will be constructed, op erated, and closed according to the license.

Section 61.62 requires the applicant to provide assurance that sufficient funds, including sureties, will be available to carry out orderly disp osal site closure and stabilization. This information will be reviewed by the NRC st aff to ensure that sufficient funds are available for completion of the closure pl an, including contingencies to ensure adequate closure in the event of licens ee financial problems or early closure.

Section 61.63 requires the applicant to provide a copy of a bin ding arrangement (and any subsequent changes) between the applicant and the disp osal site owner that ensures that sufficient funds will be available to c over the costs of monitoring and any required maintenance during the institutiona l control period.

This is necessary to ensure that sufficient funds are available for post-closure activities.

Section 61.72 allows a State or Tribal governing body whose int erest is affected by a near-surface disposal facility to submit a formal proposal for participation in the review of a license application. This information is neces sary to provide a State or Tribal body greater input during the licensing process.

Section 61.80(e) requires that the licensee record the location and the quantity of radioactive wastes contained in the disposal site and transfer these records upon license termination to the chief executive of the nearest munic ipality, the chief executive of the county in which the facility is located, the c ounty zoning board or land development and planning agency, the State governor and ot her State, local, and Federal governmental agencies as designated by the C ommission at the time of license termination.

Section 61.80(f) requires that the licensee keep records on the waste received for disposal, including date received, a traceable shipment man ifest number, a description of any engineered barrier or structural over pack, the volume of pallets or bracing disposed of with the waste, the location in the disposal site, condition of the waste package as received, any discrepancies b etween the manifest and the waste actually received, and any evidence of l eaking or damaged packages or radiation or contamination levels in excess of regulatory limits. The licensee must also describe any repackaging operat ions and provide

13 any other information that may be required by license condition. This information will be used to help generate inventory data and data on the co ndition of the waste for estimating source terms and identifying problem shipp ers who need to improve their programs for preparing waste for shipment. The d ata will be used by the NRC staff to evaluate the licensees waste handling proc edures. This evaluation will ensure that the licensees operating procedures are adequate to protect workers handling waste in the condition in which it act ually arrives, not just as it is expected to arrive. It also permits determinatio n of waste handling time between waste receipt and disposal (potential worker expos ures) and permits accurate tracing of the location of waste within the di sposal site for safety purposes.

Sections 61.80(g) and (j) provide that the licensees must compl y with specified safeguards reporting requirements contained in 10 CFR Parts 30, 40, 70, and 74 of the Commission's regulations. Information submitted pursuan t to these requirements is needed for the NRC to carry out its statutory r esponsibility to protect the common defense and security and to permit NRC to ta ke any necessary action in response to a criticality accident or loss or theft of nuclear material.

Section 61.80(h) requires licensee to file an annual financial report to the NRC.

The stability and financial soundness of disposal site operator s is important to prevent abandonment of the sites or inability to carry out disp osal in accordance with approved procedures because of shortage of funds. The fin ancial information will be reviewed by the NRC staff for early warning of the possible development of such problems.

Section 61.80(i) requires licensee to submit an original and tw o copies of an annual report on site activities. This information includes su mmaries of environmental releases, environmental monitoring data, waste th at has been disposed of, maintenance activities, and any new data on the si te. Such summary data is needed to help the Commission monitor the conti nuing validity of the initial findings on which the license was issued.

Section 61.80(k) provides that the licensee must comply with sp ecified provisions of 10 CFR Parts 30, 40, and 70 for any transfer by the licensee of byproduct, source, or special nuclear mater ial. This information ensures proper accounting of materials relative to adequate protection of the public heal th, safety, and the environment.

Section 61.80(l) requires the low-level waste facility operator to store manifest and other information pertaining to receipt and disposal of LLW in an electronic recordkeeping system. In addition, the operator must report pe rtinent manifest information to the NRC on a computer-readable medium. Because thousands of manifest documents will be used annually, submittal of necessar y documentation in a medium other than the electronic system would be an ineffi cient use of licensee and NRC resources. Requiring that the data be stored electronically also ensures that the licensee is using the same database as th at submitted to the NRC, thus reducing potential duplication and error. All cu rrent operators use

14 electronic recordkeeping. This information ensures proper acco unting of materials relative to adequate protection of the public health, safety, and the environment.

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