Information Notice 1989-13, Alternative Waste Management Procedures in Case of Denial of Access to Low-Level Waste Disposal Sites: Difference between revisions

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{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY
{{#Wiki_filter:UNITED STATES


COMMISSION
NUCLEAR REGULATORY COMMISSION


WASHINGTON, D.C. 20555 February 8, 1989 NRC INFORMATION
WASHINGTON, D.C. 20555 February 8, 1989 NRC INFORMATION NOTICE NO. 89-13:  ALTERNATIVE WASTE MANAGEMENT PROCEDURES


NOTICE NO. 89-13: ALTERNATIVE
IN CASE OF DENIAL OF ACCESS TO LOW-LEVEL


WASTE MANAGEMENT
WASTE DISPOSAL SITES
 
PROCEDURES
 
IN CASE OF DENIAL OF ACCESS TO LOW-LEVEL WASTE DISPOSAL SITES


==Addressees==
==Addressees==
Line 33: Line 29:


==Purpose==
==Purpose==
: This information
:
This information notice is being provided to inform addressees of important


notice is being provided to inform addressees
recent and potential future events concerning restrictions on disposal of


of important recent and potential
low-level radioactive waste, and to suggest actions to minimize possible


future events concerning
adverse consequences of these events if licensed activities involve the need


restrictions
to dispose of radioactive waste. It is expected that recipients will review


on disposal of low-level
this information for applicability to their activities and consider action, as appropriate. However, suggestions contained in this information notice


radioactive
do not constitute NRC requirements; therefore, no specific action or written


waste, and to suggest actions to minimize possible adverse consequences
response is required.


of these events if licensed activities
==Description of Circumstances==
 
:
involve the need to dispose of radioactive
The Low-Level Radioactive Waste Policy Amendments Act of 1985 (P.L. 99-240, the
 
waste. It is expected that recipients
 
will review this information
 
for applicability
 
to their activities
 
and consider action, as appropriate.
 
However, suggestions
 
contained
 
in this information
 
notice do not constitute
 
NRC requirements;
therefore, no specific action or written response is required.Description
 
of Circumstances:
The Low-Level
 
Radioactive
 
Waste Policy Amendments
 
Act of 1985 (P.L. 99-240, the Act) established
 
a series of milestones, incentives, and penalties
 
designed to assure that States and Regional Compacts without low-level
 
radioactive
 
waste disposal facilities
 
make timely progress toward development
 
of such facilities.


States and Regional Compacts which do not meet the milestones
Act) established a series of milestones, incentives, and penalties designed to


specified
assure that States and Regional Compacts without low-level radioactive waste


in the Act can be subject to penalties
disposal facilities make timely progress toward development of such facilities.


such as higher disposal costs, and may even-tually be denied access to currently
States and Regional Compacts which do not meet the milestones specified in the


operating
Act can be subject to penalties such as higher disposal costs, and may even- tually be denied access to currently operating burial sites.


burial sites.The most recent milestone
The most recent milestone under the Act was on January 1, 1988. This milestone


under the Act was on January 1, 1988. This milestone required non-sited
required non-sited Regional Compacts (those not affiliated with the currently- sited States of Nevada, South Carolina, and Washington) to identify a host state, develop a siting plan, and delegate legal implementing authority. States not


Regional Compacts (those not affiliated
affiliated with a Regional Compact were required to develop a siting plan and


with the currently- sited States of Nevada, South Carolina, and Washington)
provide for delegation of authority as well.
to identify a host state, develop a siting plan, and delegate legal implementing


authority.
In January of 1988, the U.S. Department of Energy and the sited States of Nevada, South Carolina, and Washington determined that the States of New Hampshire and


States not affiliated
Vermont were in noncompliance. On December 19, 1988, the State of Washington


with a Regional Compact were required to develop a siting plan and provide for delegation
of authority
as well.In January of 1988, the U.S. Department
of Energy and the sited States of Nevada, South Carolina, and Washington
determined
that the States of New Hampshire
and Vermont were in noncompliance.
===On December 19, 1988, the State of Washington===
Criz/339 ZIA
Criz/339 ZIA


IN 89-13 February 8, 1989 informed the States of New Hampshire
IN 89-13 February 8, 1989 informed the States of New Hampshire and Vermont that effective January 1, 1989, waste originating in those States would be denied access to the regional disposal


and Vermont that effective
facility located near Richland, Washington. Similar action is anticipated by the


January 1, 1989, waste originating
States of South Carolina and Nevada.


in those States would be denied access to the regional disposal facility located near Richland, Washington.
On January 31, 1989, the Governor of Michigan issued a letter to the members of


Similar action is anticipated
the seven-State Midwest Interstate Compact in which he stated that he was


by the States of South Carolina and Nevada.On January 31, 1989, the Governor of Michigan issued a letter to the members of the seven-State
halting the siting process for a disposal facility in Michigan. As a result, the State of Washington has denied access to waste originating from the State


Midwest Interstate
of Michigan. Similar action is anticipated by the States of South Carolina


Compact in which he stated that he was halting the siting process for a disposal facility in Michigan.
and Nevada. At this time, it does not appear that any immediate action will


As a result, the State of Washington
be taken to deny access to waste originating from the other members of the


has denied access to waste originating
Midwest Compact (Indiana, Iowa, Minnesota, Missouri, Ohio, and Wisconsin).
 
from the State of Michigan.
 
Similar action is anticipated
 
by the States of South Carolina and Nevada. At this time, it does not appear that any immediate
 
action will be taken to deny access to waste originating
 
from the other members of the Midwest Compact (Indiana, Iowa, Minnesota, Missouri, Ohio, and Wisconsin).


Discussion:
Discussion:
Denial of access to disposal sites could disrupt licensed operations
Denial of access to disposal sites could disrupt licensed operations which
 
which generate waste by preventing
 
licensees
 
from shipping waste from their faci-lities. This, in turn, could cause regulatory
 
and safety problems such as exceeding
 
authorized
 
possession
 
limits due to the accumulation
 
of waste, in-adequate waste management
 
capability, or inadequate
 
waste storage facilities.
 
It is suggested
 
that licensees
 
monitor the progress of their States or Regional Compacts in meeting milestones
 
specified
 
in the Act. Licensees
 
in States for which it appears milestones
 
will not be met may need to prepare for the possi-bility of severe restrictions
 
on disposal of radioactive
 
waste. Licensees
 
in New Hampshire, Vermont, and Michigan may wish to consider actions now to miti-gate the potential
 
impact of loss of disposal capability.
 
Following
 
are examples of suggested
 
actions to be considered:
1. Review your current NRC license and license application, particularly
 
possession
 
limits and procedures
 
and requirements
 
for waste processing, storage, and disposal to determine
 
if changes need to be made for increased


storage of waste.2. Determine
generate waste by preventing licensees from shipping waste from their faci- lities. This, in turn, could cause regulatory and safety problems such as


how much of your waste goes to a licensed burial site either directly or indirectly
exceeding authorized possession limits due to the accumulation of waste, in- adequate waste management capability, or inadequate waste storage facilities.


through a "waste broker." 3. Evaluate potential
It is suggested that licensees monitor the progress of their States or Regional


safety problems and technical
Compacts in meeting milestones specified in the Act. Licensees in States for


difficulties
which it appears milestones will not be met may need to prepare for the possi- bility of severe restrictions on disposal of radioactive waste. Licensees in


which might result if radioactive
New Hampshire, Vermont, and Michigan may wish to consider actions now to miti- gate the potential impact of loss of disposal capability. Following are examples


waste remains in storage at your facilities
of suggested actions to be considered:
1.  Review your current NRC license and license application, particularly


for long periods of time; e.g., package deterioration, inventory
possession limits and procedures and requirements for waste processing, storage, and disposal to determine if changes need to be made for


control, fire hazards, etc.4. Review alternatives
increased storage of waste.


to minimize generation
2.  Determine how much of your waste goes to a licensed burial site either


of waste shipped to burial grounds; for example: a. Carefully
directly or indirectly through a "waste broker."
3.   Evaluate potential safety problems and technical difficulties which might


segregating
result if radioactive waste remains in storage at your facilities for long


long-lived
periods of time; e.g., package deterioration, inventory control, fire


radioactive
hazards, etc.


waste from short-lived
4.  Review alternatives to minimize generation of waste shipped to burial


and non-radioactive
grounds; for example:
    a.  Carefully segregating long-lived radioactive waste from short-lived


waste.b. Stopping unnecessary
and non-radioactive waste.


work which generates
b.  Stopping unnecessary work which generates waste.


waste.
IN 89-13 February 8, 1989 c.   Changing processes, procedures, or radionuclides to reduce volume


IN 89-13 February 8, 1989 c. Changing processes, procedures, or radionuclides
of generated waste.


to reduce volume of generated
d.  Using volume reduction techniques, such as compaction.


waste.d. Using volume reduction
5.   Review alternative waste management and disposal methods; for example:
 
    a.   Transfer of unneeded sealed sources to their respective
techniques, such as compaction.
 
5. Review alternative
 
waste management
 
and disposal methods; for example: a. Transfer of unneeded sealed sources to their respective


manufacturers.
manufacturers.


b. Disposal of biomedical
b.   Disposal of biomedical wastes in accordance with 10 CFR


wastes in accordance
Section 20.306.


with 10 CFR Section 20.306.c. Decay-in-storage.
c.   Decay-in-storage.


d. Incineration.
d.   Incineration.


e. Interim storage pending transfer to a licensed burial site if access is restored in the future.6. For waste management
e.   Interim storage pending transfer to a licensed burial site if access


measures which are not currently
is restored in the future.


authorized
6.  For waste management measures which are not currently authorized by your


by your NRC license, consider requesting
NRC license, consider requesting an amendment to your license to authorize


an amendment
additional waste management actions in the event of restricted access to


to your license to authorize additional
burial grounds. Examples would be amendments to authorize increased pos- session limits, decay-in storage, incineration, or use of interim storage


waste management
facilities.


actions in the event of restricted
The above suggestions would not be a permanent solution to waste burial restric- tions, but would better assure that licensees have contingency plans in place


access to burial grounds. Examples would be amendments
to avoid safety violations and to minimize disruption of licensed activities.


to authorize
A number of parties have inquired about the granting of emergency access under


increased
the provisions of Section 6 of the Act. On February 3, 1989, NRC issued a new


pos-session limits, decay-in storage, incineration, or use of interim storage facilities.
rule, 10 CFR Part 62, in the Federal Register (54 FR 5409) which establishes


The above suggestions
criteria and procedures to be used in determinning whether emergency access


would not be a permanent
should be granted. These criteria and procedures, consistent with Congressional


solution to waste burial restric-tions, but would better assure that licensees
intent, view the granting of emergency access as a last resort. Therefore, waste generators should be aware that only under the most limited and rare


have contingency
circumstances would generators be granted such access.


plans in place to avoid safety violations
Questions about license requirements and license amendments should be directed


and to minimize disruption
to the appropriate NRC licensing office, either in one of the Regional Offices


of licensed activities.
or in Washington, D.C. Questions on low-level radioactive waste policy issues


A number of parties have inquired about the granting of emergency
IN 89-13 February 8, 1989 should be directed to: Paul Lohaus, Chief, Operations


access under the provisions
Low-Level Waste Management and Decommissioning,          Branch, Division of


of Section 6 of the Act. On February 3, 1989, NRC issued a new rule, 10 CFR Part 62, in the Federal Register (54 FR 5409) which establishes
Regulatory Commission, Washington, D.C. 20555,   Mail  Stop 5E4, U.S. Nuclear


criteria and procedures
specific action or written response is required Phone:  (301) 492-3345. No


to be used in determinning
by this information notice.


whether emergency
/errw                              ,.


access should be granted. These criteria and procedures, consistent
Richard E. Cunningham, Director


with Congressional
Division of Industrial and


intent, view the granting of emergency
Medical Nuclear Safety


access as a last resort. Therefore, waste generators
Office of Nuclear Material Safety


should be aware that only under the most limited and rare circumstances
and Safeguards


would generators
, Dictor


be granted such access.Questions
Division of Operational Events Assessment


about license requirements
Office of Nuclear Reactor Regulation


and license amendments
===Technical Contact:===


should be directed to the appropriate
===Paul Lohaus, NMSS===
                    (301) 492-3345 Attachments:
1. List of Recently Issued NMSS Information


NRC licensing
Notices


office, either in one of the Regional Offices or in Washington, D.C. Questions
2. List of Recently Issued NRC Information Notices


on low-level
Attachment 1 IN 89-13 February 8, 1989 LIST OF RECENTLY ISSUED


radioactive
NMSS INFORMATION NOTICES


waste policy issues
Information                                    Date of


IN 89-13 February 8, 1989 should be directed to: Paul Lohaus, Chief, Operations
Notice No.    Subject                          Issuance    Issued to


Branch, Division of Low-Level
89-12          Dose Calibrator Quality          02/09/89    All NRC medical


Waste Management
Control                                      licensees


and Decommissioning, Mail Stop 5E4, U.S. Nuclear Regulatory
89-03          Potential Electrical            01/11/89    All Fuel Cycle and


Commission, Washington, D.C. 20555, Phone: (301) 492-3345.
Equipment Problems                            major nuclear materials


No specific action or written response is required by this information
licensees


notice./errw ,.Richard E. Cunningham, Director Division of Industrial
89-02          Criminal prosecution of          01/09/89    -All holders of NRC


and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards , Dictor Division of Operational
licensee's former president                  specific license
 
===Events Assessment===
Office of Nuclear Reactor Regulation


Technical
for intentional safety


Contact: Paul Lohaus, NMSS (301) 492-3345 Attachments:
violations
1. List of Recently Issued NMSS Information


Notices 2. List of Recently Issued NRC Information
88-100        Memorandum of understanding      12/23/88    All major nuclear


Notices
between NRC and OSHA relating                materials licensees


Attachment
to NRC-licensed facilities                    and utilities holding


1 IN 89-13 February 8, 1989 LIST OF RECENTLY ISSUED NMSS INFORMATION
(53 FR 43950, October 31, 1988)              CPs and OLs.


NOTICES Information
88-93          Teletherapy Events              12/2/88      All NRC medical


Date of Notice No. Subject Issuance Issued to 89-12 89-03 89-02 88-100 Dose Calibrator
licensees


Quality Control Potential
88-90          Unauthorized removal of          11/22/88    All NRC licensees


Electrical
industrial nuclear gauges                    authorized to


Equipment
possess, use, manufacture, or


Problems Criminal prosecution
distribute industrial


of licensee's
nuclear gauges


former president for intentional
88-66          Industrial radiography          08/22/88    All NRC industrial


safety violations
inspection and enforcement                    radiography licensees


Memorandum
88-62          Recent findings concerning      08/12/88    All holders of NRC


of understanding
implementation of quality                    quality assurance


between NRC and OSHA relating to NRC-licensed
assurance programs by suppliers              program approvals for


facilities
of transport packages                        radioactive material


(53 FR 43950, October 31, 1988)Teletherapy
packages


Events Unauthorized
OL = Operating License


removal of industrial
CP = Construction Permit


nuclear gauges Industrial
Attachment 2 IN 89-13 February 8, 1989 LIST OF RECENTLY ISSUED


radiography
NRC INFORMATION NOTICES


inspection
Information                                    Date of


and enforcement
Notice No.      Subject                        Issuance Issued to


===Recent findings concerning===
89-12          Dose Calibrator Quality        2/9/89  All NRC medical
implementation


of quality assurance
Control                                licensees.


programs by suppliers of transport
89-11          Failure of DC Motor-Operated  2/2/89  All holders of OLs


packages 02/09/89 01/11/89 01/09/89 12/23/88 12/2/88 11/22/88 08/22/88 08/12/88 88-93 88-90 All NRC medical licensees All Fuel Cycle and major nuclear materials licensees-All holders of NRC specific license All major nuclear materials
Valves to Develop Rated                or CPs for nuclear


licensees and utilities
Torque Because of Improper              power reactors.


holding CPs and OLs.All NRC medical licensees All NRC licensees authorized
Cable Sizing


to possess, use, manufacture, or distribute
89-10          Undetected Installation        1/27/89  All holders of OLs


industrial
Errors In Main Steam Line                or CPs for BWRs.


nuclear gauges All NRC industrial
Pipe Tunnel Differential


radiography
Temperature-Sensing Elements


licensees All holders of NRC quality assurance program approvals
at Boiling Water Reactors.


for radioactive
89-09          Credit for Control Rods        1/26/89  All holders of OLs


material packages 88-66 88-62 OL = Operating
Without Scram Capability                or CPs for test and


License CP = Construction
in the Calculation of the              research reactors.


Permit
Shutdown Margin


Attachment
89-08          Pump Damage Caused by          1/26/89  All holders of OLs


2 IN 89-13 February 8, 1989 LIST OF RECENTLY ISSUED NRC INFORMATION
Low-Flow Operation                      or CPs for nuclear


NOTICES Information
power reactors.


Date of Notice No. Subject Issuance Issued to 89-12 Dose Calibrator
89-07            Failures of Small-Diameter    1/25/89   All holders of OLs


Quality Control 89-11 89-10 89-09 89-08 89-07 89-06 Failure of DC Motor-Operated
Tubing in Control Air, Fuel              or CPs for nuclear


Valves to Develop Rated Torque Because of Improper Cable Sizing Undetected
Oil, and Lube Oil Systems                power reactors.


===Installation===
Which Render Emergency Diesel
Errors In Main Steam Line Pipe Tunnel Differential


Temperature-Sensing
Generators Inoperable


Elements at Boiling Water Reactors.Credit for Control Rods Without Scram Capability
89-06          Bent Anchor Bolts in          1/24/89  All holders of OLs


in the Calculation
Boiling Water Reactor                  or CPs for BWRs with


of the Shutdown Margin Pump Damage Caused by Low-Flow Operation Failures of Small-Diameter
Torus Supports                          Mark I steel torus


Tubing in Control Air, Fuel Oil, and Lube Oil Systems Which Render Emergency
shells.


Diesel Generators
89-05          Use of Deadly Force by        1/19/89  All holders of OLs


Inoperable
Guards Protecting Nuclear              for nuclear power


Bent Anchor Bolts in Boiling Water Reactor Torus Supports Use of Deadly Force by Guards Protecting
Power Reactors Against                  reactors.


Nuclear Power Reactors Against Radiological
Radiological Sabotage


Sabotage 2/9/89 2/2/89 1/27/89 1/26/89 1/26/89 1/25/89 1/24/89 1/19/89 All NRC medical licensees.
OL = Operating License


All holders of OLs or CPs for nuclear power reactors.All holders of OLs or CPs for BWRs.All holders of OLs or CPs for test and research reactors.All holders of OLs or CPs for nuclear power reactors.All holders of OLs or CPs for nuclear power reactors.All holders of OLs or CPs for BWRs with Mark I steel torus shells.All holders of OLs for nuclear power reactors.89-05 OL = Operating
CP = Construction Permit


License CP = Construction
IN 89-13 February 8, 1989 should be directed to: Paul Lohaus, Chief, Operations Branch, Division of


Permit
Low-Level Waste Management and Decommissioning, Mail Stop 5E4, U.S. Nuclear


IN 89-13 February 8, 1989 should be directed to: Paul Lohaus, Chief, Operations
Regulatory Commission, Washington, D.C. 20555, Phone: (301) 492-3345. No


Branch, Division of Low-Level
specific action or written response is required by this information notice.


Waste Management
Richard E. Cunningham, Director


and Decommissioning, Mail Stop 5E4, U.S. Nuclear Regulatory
Division of Industrial and


Commission, Washington, D.C. 20555, Phone: (301) 492-3345.
Medical Nuclear Safety


No specific action or written response is required by this information
Office of Nuclear Material Safety


notice.Richard E. Cunningham, Director Division of Industrial
and Safeguards


and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards
Charles E. Rossi, Director


Charles E. Rossi, Director Division of Operational
Division of Operational Events Assessment


===Events Assessment===
Office of Nuclear Reactor Regulation
Office of Nuclear Reactor Regulation


Technical
===Technical Contact:===


Contact: Paul Lohaus, NMSS (301) 492-3345 Attachments:
===Paul Lohaus, NMSS===
1. List of Recently Issued NMSS Information
                                      (301) 492-3345 Attachments:
1. List of Recently Issued NMSS Information Notices


Notices 2. List of Recently Issued NRC Information
2. List of Recently Issued NRC Information Notices


Notices Editor A/9 EKraus 2 g /8 IA OFC: IMOB : IMOB :GX *% gl OGCQj fLRa :NRR : NAME:PGoldberg/pg.RWilde:JH
Editor         A/9 EKraus 2 g /8                                                                                   IA


lke;: T y :VMi er:PLo us:CBerlinge
OFC: IMOB                                      : IMOB              *%        gl          OGCQj fLRa


' : *10l 4____________________________________________---_--  
:GX            :NRR :
_ ----- --- --- --- --- --- --DATE: 02 7/89 -02Z /89:02/7/89:02/  
NAME:PGoldberg/pg.RWilde:JH lke;: T                              y :VMi    er:PLo us:CBerlinge      '     : *10l 4
/89:02/ /89:02/6/89:02/8189:  
____________________________________________---_--   _ -----   - -- - --   - -- - --   - -- - -
02 89: 02/00 /89 OFFICIAL RECORD COPY}}
DATE: 02 7/89                 -02Z /89:02/7/89:02/ /89:02/ /89:02/6/89:02/8189:                         02 89:
          02/00 /89 OFFICIAL RECORD COPY}}


{{Information notice-Nav}}
{{Information notice-Nav}}

Latest revision as of 03:36, 24 November 2019

Alternative Waste Management Procedures in Case of Denial of Access to Low-Level Waste Disposal Sites
ML031180518
Person / Time
Site: Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, 05000000, Zimmer, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant
Issue date: 02/08/1989
From: Cunningham R, Rossi C
NRC/NMSS/IMNS, Office of Nuclear Reactor Regulation
To:
References
IN-89-013, NUDOCS 8902070339
Download: ML031180518 (7)


UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555 February 8, 1989 NRC INFORMATION NOTICE NO. 89-13: ALTERNATIVE WASTE MANAGEMENT PROCEDURES

IN CASE OF DENIAL OF ACCESS TO LOW-LEVEL

WASTE DISPOSAL SITES

Addressees

All holders of NRC specific licenses.

Purpose

This information notice is being provided to inform addressees of important

recent and potential future events concerning restrictions on disposal of

low-level radioactive waste, and to suggest actions to minimize possible

adverse consequences of these events if licensed activities involve the need

to dispose of radioactive waste. It is expected that recipients will review

this information for applicability to their activities and consider action, as appropriate. However, suggestions contained in this information notice

do not constitute NRC requirements; therefore, no specific action or written

response is required.

Description of Circumstances

The Low-Level Radioactive Waste Policy Amendments Act of 1985 (P.L.99-240, the

Act) established a series of milestones, incentives, and penalties designed to

assure that States and Regional Compacts without low-level radioactive waste

disposal facilities make timely progress toward development of such facilities.

States and Regional Compacts which do not meet the milestones specified in the

Act can be subject to penalties such as higher disposal costs, and may even- tually be denied access to currently operating burial sites.

The most recent milestone under the Act was on January 1, 1988. This milestone

required non-sited Regional Compacts (those not affiliated with the currently- sited States of Nevada, South Carolina, and Washington) to identify a host state, develop a siting plan, and delegate legal implementing authority. States not

affiliated with a Regional Compact were required to develop a siting plan and

provide for delegation of authority as well.

In January of 1988, the U.S. Department of Energy and the sited States of Nevada, South Carolina, and Washington determined that the States of New Hampshire and

Vermont were in noncompliance. On December 19, 1988, the State of Washington

Criz/339 ZIA

IN 89-13 February 8, 1989 informed the States of New Hampshire and Vermont that effective January 1, 1989, waste originating in those States would be denied access to the regional disposal

facility located near Richland, Washington. Similar action is anticipated by the

States of South Carolina and Nevada.

On January 31, 1989, the Governor of Michigan issued a letter to the members of

the seven-State Midwest Interstate Compact in which he stated that he was

halting the siting process for a disposal facility in Michigan. As a result, the State of Washington has denied access to waste originating from the State

of Michigan. Similar action is anticipated by the States of South Carolina

and Nevada. At this time, it does not appear that any immediate action will

be taken to deny access to waste originating from the other members of the

Midwest Compact (Indiana, Iowa, Minnesota, Missouri, Ohio, and Wisconsin).

Discussion:

Denial of access to disposal sites could disrupt licensed operations which

generate waste by preventing licensees from shipping waste from their faci- lities. This, in turn, could cause regulatory and safety problems such as

exceeding authorized possession limits due to the accumulation of waste, in- adequate waste management capability, or inadequate waste storage facilities.

It is suggested that licensees monitor the progress of their States or Regional

Compacts in meeting milestones specified in the Act. Licensees in States for

which it appears milestones will not be met may need to prepare for the possi- bility of severe restrictions on disposal of radioactive waste. Licensees in

New Hampshire, Vermont, and Michigan may wish to consider actions now to miti- gate the potential impact of loss of disposal capability. Following are examples

of suggested actions to be considered:

1. Review your current NRC license and license application, particularly

possession limits and procedures and requirements for waste processing, storage, and disposal to determine if changes need to be made for

increased storage of waste.

2. Determine how much of your waste goes to a licensed burial site either

directly or indirectly through a "waste broker."

3. Evaluate potential safety problems and technical difficulties which might

result if radioactive waste remains in storage at your facilities for long

periods of time; e.g., package deterioration, inventory control, fire

hazards, etc.

4. Review alternatives to minimize generation of waste shipped to burial

grounds; for example:

a. Carefully segregating long-lived radioactive waste from short-lived

and non-radioactive waste.

b. Stopping unnecessary work which generates waste.

IN 89-13 February 8, 1989 c. Changing processes, procedures, or radionuclides to reduce volume

of generated waste.

d. Using volume reduction techniques, such as compaction.

5. Review alternative waste management and disposal methods; for example:

a. Transfer of unneeded sealed sources to their respective

manufacturers.

b. Disposal of biomedical wastes in accordance with 10 CFR

Section 20.306.

c. Decay-in-storage.

d. Incineration.

e. Interim storage pending transfer to a licensed burial site if access

is restored in the future.

6. For waste management measures which are not currently authorized by your

NRC license, consider requesting an amendment to your license to authorize

additional waste management actions in the event of restricted access to

burial grounds. Examples would be amendments to authorize increased pos- session limits, decay-in storage, incineration, or use of interim storage

facilities.

The above suggestions would not be a permanent solution to waste burial restric- tions, but would better assure that licensees have contingency plans in place

to avoid safety violations and to minimize disruption of licensed activities.

A number of parties have inquired about the granting of emergency access under

the provisions of Section 6 of the Act. On February 3, 1989, NRC issued a new

rule, 10 CFR Part 62, in the Federal Register (54 FR 5409) which establishes

criteria and procedures to be used in determinning whether emergency access

should be granted. These criteria and procedures, consistent with Congressional

intent, view the granting of emergency access as a last resort. Therefore, waste generators should be aware that only under the most limited and rare

circumstances would generators be granted such access.

Questions about license requirements and license amendments should be directed

to the appropriate NRC licensing office, either in one of the Regional Offices

or in Washington, D.C. Questions on low-level radioactive waste policy issues

IN 89-13 February 8, 1989 should be directed to: Paul Lohaus, Chief, Operations

Low-Level Waste Management and Decommissioning, Branch, Division of

Regulatory Commission, Washington, D.C. 20555, Mail Stop 5E4, U.S. Nuclear

specific action or written response is required Phone: (301) 492-3345. No

by this information notice.

/errw ,.

Richard E. Cunningham, Director

Division of Industrial and

Medical Nuclear Safety

Office of Nuclear Material Safety

and Safeguards

, Dictor

Division of Operational Events Assessment

Office of Nuclear Reactor Regulation

Technical Contact:

Paul Lohaus, NMSS

(301) 492-3345 Attachments:

1. List of Recently Issued NMSS Information

Notices

2. List of Recently Issued NRC Information Notices

Attachment 1 IN 89-13 February 8, 1989 LIST OF RECENTLY ISSUED

NMSS INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

89-12 Dose Calibrator Quality 02/09/89 All NRC medical

Control licensees

89-03 Potential Electrical 01/11/89 All Fuel Cycle and

Equipment Problems major nuclear materials

licensees

89-02 Criminal prosecution of 01/09/89 -All holders of NRC

licensee's former president specific license

for intentional safety

violations88-100 Memorandum of understanding 12/23/88 All major nuclear

between NRC and OSHA relating materials licensees

to NRC-licensed facilities and utilities holding

(53 FR 43950, October 31, 1988) CPs and OLs.

88-93 Teletherapy Events 12/2/88 All NRC medical

licensees

88-90 Unauthorized removal of 11/22/88 All NRC licensees

industrial nuclear gauges authorized to

possess, use, manufacture, or

distribute industrial

nuclear gauges

88-66 Industrial radiography 08/22/88 All NRC industrial

inspection and enforcement radiography licensees

88-62 Recent findings concerning 08/12/88 All holders of NRC

implementation of quality quality assurance

assurance programs by suppliers program approvals for

of transport packages radioactive material

packages

OL = Operating License

CP = Construction Permit

Attachment 2 IN 89-13 February 8, 1989 LIST OF RECENTLY ISSUED

NRC INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

89-12 Dose Calibrator Quality 2/9/89 All NRC medical

Control licensees.

89-11 Failure of DC Motor-Operated 2/2/89 All holders of OLs

Valves to Develop Rated or CPs for nuclear

Torque Because of Improper power reactors.

Cable Sizing

89-10 Undetected Installation 1/27/89 All holders of OLs

Errors In Main Steam Line or CPs for BWRs.

Pipe Tunnel Differential

Temperature-Sensing Elements

at Boiling Water Reactors.

89-09 Credit for Control Rods 1/26/89 All holders of OLs

Without Scram Capability or CPs for test and

in the Calculation of the research reactors.

Shutdown Margin

89-08 Pump Damage Caused by 1/26/89 All holders of OLs

Low-Flow Operation or CPs for nuclear

power reactors.

89-07 Failures of Small-Diameter 1/25/89 All holders of OLs

Tubing in Control Air, Fuel or CPs for nuclear

Oil, and Lube Oil Systems power reactors.

Which Render Emergency Diesel

Generators Inoperable

89-06 Bent Anchor Bolts in 1/24/89 All holders of OLs

Boiling Water Reactor or CPs for BWRs with

Torus Supports Mark I steel torus

shells.

89-05 Use of Deadly Force by 1/19/89 All holders of OLs

Guards Protecting Nuclear for nuclear power

Power Reactors Against reactors.

Radiological Sabotage

OL = Operating License

CP = Construction Permit

IN 89-13 February 8, 1989 should be directed to: Paul Lohaus, Chief, Operations Branch, Division of

Low-Level Waste Management and Decommissioning, Mail Stop 5E4, U.S. Nuclear

Regulatory Commission, Washington, D.C. 20555, Phone: (301) 492-3345. No

specific action or written response is required by this information notice.

Richard E. Cunningham, Director

Division of Industrial and

Medical Nuclear Safety

Office of Nuclear Material Safety

and Safeguards

Charles E. Rossi, Director

Division of Operational Events Assessment

Office of Nuclear Reactor Regulation

Technical Contact:

Paul Lohaus, NMSS

(301) 492-3345 Attachments:

1. List of Recently Issued NMSS Information Notices

2. List of Recently Issued NRC Information Notices

Editor A/9 EKraus 2 g /8 IA

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