ML20137G441

Testimony of Jg Davis Re Proposal to Make Disposal of Class C Wastes Responsibility of Federal Govt,On 850723

ML20137G441
Person / Time
Issue date:	07/23/1985
From:	NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
References
NUDOCS 9704010396
Download: ML20137G441 (14)

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l TESTIMONY BEFORE THE SUBCOMMITTEE ON ENERGY AND THE ENVIRONMENT COMMITTEE ON INTERIOR AND INSULAR AFFAIRS 1

UNITED STATES HOUSE OF REPRESENTATIVES PRESENTED BY  !

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. .s . JOHN G._ DAVIS, DIRECTOR _ _. _ __

0FFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

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ON BEHALF 0F THE U.S. NUCLEAR REGULATORY COMMISSION G/:Gd C g CONCERNING CLASS C LOW-LEVEL WASTES 010023 SUBMITTED: JULY 23,1985 ff- / k

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O a MR. CHAIRMAN'AND MEMBERS OF THE SUBCOMMITTEE, I AM JOHN G. DAVIS, DIRECTOR OF NRC'S OFFICE OF NUCLEAR MATERIAL  !

SAFETY AND SAFEGUARDS. AMONG MY RESPONSIBILITIES AS DIRECTOR OF THAT OF.FICE IS THE RESPONSIBILITY FOR NRC ACTIVITIES IN LOW-LEVEL ,

WASTE DISPOSAL.

I AM PLEASED TO BE APPEARING BEFORE YOU TODAY TO PROVIDE INFORMATION FOR YOUR CONSIDERATION REGARDING A PROPOSAL TO MAKE THE DISPOSAL OF CLASS C WASTES THE RESPONSIBILITY OF THE FEDERAL GOVERNMENT. AS I UNDERSTAND IT MR. CHAIRMAN, YOUR COMMITTEE IS ,

PARTICULARLY INTERESTED IN UNDERSTANDING THE TYPES AND CHARACTERISTICS OF RADI0 ACTIVE MATERIAL THE COMMISSION HAS  ;

DEFINED AS CLASS C WASTES IN 10 CFR PART 61, NRC'S LOW-LEVEL j

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RADIOACTIVE WASTE REGULATION FOR'NEAR SURFAfE' DISPOSAL!'

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LET ME SAY AT THE OUTSET THAT THE COMMISSION STAFF KNOWS OF NO TECHNICAL REASONS WHY CLASS C WASTES CANNOT BE SAFELY DISPOSED OF ALONG WITH CLASSES A AND B WASTES AT COMMERCIAL LOW-LEVEL WASTE l

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j DISPOSAL SITES LICENSED AN& OPERATED UNDER THE REQUIREMENTS OF 10  !

'CFR PART 61.

AS YOU ,KNOW, LOW-LEVEL RADIOACTIVE WASTE AS DEFINED IN THE -

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LOW-LEVEL RADI0 ACTIVE WASTE POLICY ACT OF 1980 INCLUDES

• RADI0 ACTIVE WASTE NOT CLASSIFIED AS HIGH-LEVEL RADIOACTIVE WASTE, I TRANSURANIC WASTE, SPENT' NUCLEAR FUEL, OR URANIUM OR THORIUM TAILINGS AND WASTES AS DEFINED UNDER THE ATOMIC ENERGY ACT, AS AMENDED. IN THE COMMISSION'S REGULATION FOR LOW-LEVEL RADI0 ACTIVE WASTE DISPOSAL, 10 CFR PART 61, THE WASTES ARE CLASSIFIED INTO THREE CATEGORIES A, B, AND C, BASED ON ISOTOPIC CONCENTRATION AND HALF-LIFE. CLASS C WASTES IS NEAR THE UPPER END OF THE SPECTRUM OF WASTES THAT CAN BE DISPOSED OF ROUTINELY IN NEAR SURFACE DISPOSAL FACILITIES. . . . . . .

THE CLASSIFICATION SYSTEM IN 10 CFR 61 IS DESIGNED TO ENSURE THAT PUBLIC-HEALTH AND SAFETY AS WELL AS THE ENVIRONMENT ARE PROTECTED.

THE RELATIVE HAZARD OF THE WASTE IS TAKEN INTO ACCOUNT IN SETTING  !

i DISPOSAL REQUIREMENTS FOR THE VARIOUS WASTES. CLASS A WASTE IS BASICALLY HIGH VOLUME LOW ACTIVITY WASTE WHICH MAY BE CHARACTERIZED AS TRASH. CLASS B WASTE IS HIGHER ACTIVITY WASTE AND NEEDS SPECIAL TREATMENT AND/OR PACKAGING TO ENSURE PHYSICAL  ;

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O O STABILITY OF THE WASTE. CL' ASS C WASTES HAVE STILL HIGHER ACTIVITIES AND REQUIRE, IN ADDITION TO SPECIAL TREATMENT, SPECIAL

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DISPOSAL PRACTICES INCLUDING DEEPER BURIAL OR THE CONSTRUCTION OF SPECIAL INTRUDER BARRIERS. CLASS C WASTES GENERALLY CONSIST 0F HIGH ACTIVITY SEALED RADIOACTIVE SOURCES USED IN VARICUS -

INDUSTRIAL APPLICATIONS; ACTIVATED STRUCTURAL MATERIALS FROM NUCLEAR REACTORS; WASTES FROM MEDICAL ISOTOPE PRODUCTION FACILITIES; AND VARIOUS REACTOR WASTES SUCH AS RESINS, FILTER CARTRIDGES, AND SLUDGES.

BECAUSE THE WASTE CLASSIFICATION SYSTEM HAS JUST RECENTLY BEEN IMPLEMENTED AT THE EXISTING SITES, VERY LITTLE DATA IS AVAILABLE CONCERNING THE SPECIFIC ACTIVITY OF CLASS C WASTE WITH RESPECT TO OTHER CLASSES OF WASTE. ESTIMATES IN SUPPORT OF THE PART 61

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RULEMAKING SUGGESTED THAT WHILE CLASS C WASTE COMPRISED 1% OF THE l VOLUME OF ALL WASTE IT MAY COMPRISE UP TO 80% OF THE ACTIVITY AT THE TIME OF DISPOSAL.

BASED ON LIMITED ACTUAL EXPERIENCE FOR THE EXISTING SITES ABOUT 1%

BY VOLUME OF THE NATION'S 2.6 MILLION CUBIC FEET OF LOW-LEVEL WASTE IS CURRENTLY BEING DISPOSED OF AS CLASS C WASTE. IN THE FUTURE THESE PROPORTIONS ARE LIKELY TO CHANGE SOMEWHAT DUE TO l

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ADDITIONALWhSTESFROMDECO'MMISSIONINGOFPOWERPLANTSAND IMPLEMENTING VOLUME REDUCTION TECHNIQUES WHICH RESULT IN CONCENTRATING THE WASTE.

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IT SHOULD BE NOTED THAT MANY STUDIES WERE UNDERTAKEN BY NRC AND, ITS CONTRACTORS TO ENSURE THAT THE PUBLIC HEALTH AND SAFETY WOULD BE PROTECTED FOR ANY WASTE DISPOSED OF UNDER 10 CFR PART 61. THE ENVIRONMENTAL IMPACT STATEMENT (EIS) SUPPORTING THE DEVELOPMENT OF PART 61 AND ITS CLASSIFICATION SYSTEM INCLUDED EXTENSIVE ANALYSIS OF POTENTIAL RADIONUCLIDE RELEASE PATHWAYS FOR VARIOUS LOW-LEVEL WASTES. THIS ANALYSIS ALSO ADDRESSED COMMENTS RECEIVED FROM THE STATES, INDUSTRY, OTHER FEDERAL AGENCIES AND INTERESTED MEMBERS OF THE PUBLIC DURING THE THREE YEARS IN WHICH NRC WAS ENGAGED IN THIS

- RULEMAKING. BASED ON THIS .WOBK, IT WAS CONCLUDED T. HAT. LOW-LEVEL _ _  ;

WASTES, CLASSES A, B, AND C CAN BE SAFELY DISPOSED OF BY AVAILABLE NEAR-SURFACE DISPOSAL TECHNOLOGY IN A MANNER THAT PROTECTS PUBLIC HEALTH AND SAFETY, PROVIDED THAT THE REQUIREMENTS OF PART 61 ARE MET. WE KNOW OF NO NEW INFORMATION WHICH WOULD CHANGE THESE CONCLUSIONS.

HOWEVER, AS A PART OF ANY LEGISLATIVE CLARIFICATION, IF RESPONSIBILITY FOR ADDITIONAL WASTES IS ASSIGNED TO THE FEDERAL GOVERNMENT, WE BELIEVE IT IS IMPORTANT THAT THE ACT DEFINE HOW l

THIS RESPONSIBILITY IS TO BE CARRIED OUT BY THE FEDERAL AGENCIES INVOLVED. MOST PARTICULARLY, THE ACT SHOULD SPECIFY WHETHER IT l

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i IS INTENDED THAT THE NRC Ll' CENSE THE FEDERAL AGENCY-WHICH MAY BE ,

DESIGNATED ~TO HAVE OPERATIONAL RESPONSIBILITY FOR THE WASTE '

DISFCSAL.

THIS CONCLUDES MY PREPARED TESTIMONY. -

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I NUCLEAR REGULATORY COMMISSION WASHINGTON. D. C. 20555 i

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- . July 22, 1985 1

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The Honorable Peter H. Kostmayer United States House of Representatives Washington, D.C. 20515  :

Dear Congressman Kostmayer:

We are pleased to respond to your letter of July 8, 1985 requesting informatior en Class C radioactive waste. The NRC staff's responses to your inauiry are enclosed. l Sincerely, ,

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1 ton Kamerer, Director .

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_- .0ffice of. Congressicoal. Affairs . _ . _

Enclosure:

As stated  ;

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i OVESTION 1. IF CLASS C WASTE BECAME THE RESPONSIBILITY OF THE FEDERAL GOVERNMENT, DOES THE F'EDERAL GOVERNMENT ,

HAVE SUFFICIENT CAPACITY TO DISPOSE OF CURRENT CLASS C WASTE GENERATED FROM EACH STATE?

1 ANSWER.

THE DEPARTMENT OF ENERGY (DOE) CURRENTLY OPERATES DISPOSAL FACILITIES FOR LOW-LEVEL WASTE GENERATED AS A RESULT OF THAT  :

DEPARTMENT'S ACTIVITIES. THE COMMISSION DOES NOT REGULATE THESE FACILITIES AND CONSEQUENTLY DOES NOT MAINTAIN INFORMATION ON

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AVAltABLE DISPOSAL CAPACITY.- -WE- UNDERSTAND *THAT DOE- WtLL BE --

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PROVIDING INFORMATION TO THE COMMITTEE IN THIS REGARD.

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QUESTION 2. IN THE OPINION OF THE NUCLEAR REGULATORY COMMISSION, DOES THE DISPOSAL OF CLASS C WASTE VIA

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SHALLOW-LAND BURIAL POSE ANY PUBLIC HEALTH CR  !

ENVIRONMENTAL HAZARDS?  ;

ANSWER.

i THE NRC STAFF IS CONFIDENT THAT DISPOSAL OF CLASS C LOW-LEVEL  !

WASTE CAN BE SAFELY ACCOMPLISHED BY AVAILABLE SHALLOW-LAND ,

BURIAL TECHNOLOGY IN A MANNER THAT ADEQUATELY PROTECTS PUBLIC l HEALTH AND SAFETY, PROVIDED THAT THE REQUIREMENTS OF 10 CFR PART

. 61 ARE MET, PART.61 SETS FORT.H '.' LICENSING SEQUIREMENTS FOR THE L_AND DISPOSAL OF RADI0 ACTIVE WASTE." PART 61 PROVIDES A SYSTEM FOR CLASSIFYING LOW-LEVEL WASTE BASED ON RADIONUCLIDE CONCENTRATION AND HALF-LIFE, AND SPECIFIES DISPOSAL REQUIREMENTS ACCORDING TO THE CLASSIFICATION SYSTEM. PART 61 ALSO REQUIRES THAT THE DISPOSAL SITE BE PROPERLY SELECTED, OPERATED, CLOSED AND MAINTAINED TO ENSURE THAT SPECIFIED PERFORMANCE OBJECTIVES ARE MET. CLASS C WASTE PACKAGES MUST MEET STRUCTURAL STABILITY REQUIREMENTS, AND MUST BE DISPOSED OF AT SUFFICIENT DEPTH OR BENEATH A SUITABLE BARRIER TO PROTECT AGAINST POSSIBLE INADVERTENT INTRUSION. CLASS C WASTES ARE CURRENTLY BEING PROPERLY DISPOSED OF AT EXISTING FACILITIES.

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CUESTION 3. HOW WOULD YOU COMPARE THE PUBLIC HEALTH AND ENVIRONMENTAL HAZARDS OF' CLASS C WASTE TO A A'ND B

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WASTE AND HIGH-LEVEL RADI0 ACTIVE WASTE?

ANSWER.

PRIOR TO DISPOSAL, CLASS A WASTE POSES THE LEAST HAZARDS. CLASS B  :

WASTE, CLASS C WASTE, AND HIGH-LEVEL RADIOACTIVE WASTE POSE SUCCESSIVELY GREATER HAZARDS. ONCE PROPERLY DISPOSED, EACH CLASS I

0F WASTE IS INTENDED TO FOSE AN ACCEPTABLE RISK LEVEL.

. AS NOTED ABOVE, 10 CFR.PART 63.ES.TABLISHES.A..CLASSI.FI.CAI!ON SYSTEM._

FOR LOW-LEVEL WASTES BASED ON RADIONUCLIDE HALF-LIFE AND CONCENTRATION LIMITS. CLASSES A, B, AND C, ARE ESTABLISHED FOR LOW-LEVEL WASTE, WITH CLASS A REPRESENTING THE LESSER HAZARD. UNDER PART 61, LAND DISPOSAL OF LOW-LEVEL WASTE IS REQUIRED TO MEET SPECIFIC PERFORMANCE OBJECTIVES THAT LIMIT THE RISK POSED BY BURIED WASTE TO ACCEPTABLE LEVELS. CONCENTRATIONS OF RADIDACTIVE MATERIAL WHICH MAY BE RELEASED TO THE GENERAL ENVIRONMENT MUST NOT RESULT IN AN ANNUAL DOSE EXCEEDING AN EQUIVALENT OF 25 MILLIREMS TO THE WHOLE BODY, 75 MILLIREMS TO THE .

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OUESTION 3. CONTINUED 2 i

THYROID, OR 25 MILLIRENS TO'ANY OTHER ORGAN OF ANY MEMBER OF THE PUBLIC. PART 61 ESTABLISHES DIFFERENT HANDLING AND DISPOSAL' - -

REQUIREMENTS FOR CLASSES A, B AND' C WASTE TO ENSURE THAT THE l ,

DISPOSAL FACILITY WILL MEET THIS STRINGliNT PERFORMANCE OBJECTIVE.

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CUESTION 4 HOW DOES THE' RADIOACTIVE WASTE CLASSIFICATION SYSTEM IN THIS COUNTRY COMPARE TO THAT OF EUROPEAN COUNTRIES AND HOW DO YOU ACCOUNT FOR THE DIFFERENCES?

ANSWER.

j A VARIETY OF TERMS AND CLASSIFICATION SYSTEMS ARE USED IN OTHER COUNTRIES TO DEFINE RADICACTIVE WASTE BY SOURCE OR CHARACTERISTIC.

NUMEROUS TERMS ARE USED TO DESCRIBE WASTE CONSIDERED LOW-LEVEL IN l THE UNITED STATES (INTERMEDIATE LEVEL WASTES, LOW HEAT, LOW i SPECIFIC ACTIVITY, SHORT-LIVED, ETC.) FOR EXAMPLE, l " INTERMEDIATE-LEVEL" MAY DESCRIBE LOW-LEVEL WASTES REQUIRING

- SHIELDING TO PROTECT WORKERS _ FROM EXPOSURE ,TO.RADI AT.!QR. CURRENL _

PRACTICES EMPLOYED FOR MANAGING LOW-LEVEL WASTE ALSO VARY CONSIDERABLY AMONG NATIONS--INCLUDING AB0VE-GROUND STORAGE PENDING i

FUTURE DISPOSAL, AND VARIOUS LAND BURIAL CONFIGURATIONS. INDEFINITE

$ STORAGE AND SHALLOW-LAND BURIAL ARE BY FAR THE MOST COMMON MANAGEMENT METHODS.

l FOR THOSE NATIONS THAT USE WASTE CLASSIFICATION SYSTEMS, THE

RADIATION PROTECTION STANDARDS SET FORTH BY THE INTERNATIONAL COMMISSION ON RADIOLOGICAL PROTECTION ARE A PRIME CONSIDERATION.

HOWEVER, DIRECT COMPARABILITY IS DIFFICULT. FRANCE IS BELIEVED i

TO HAVE THE CLASSIFICATION AND DISPOSAL SYSTEM MOST COMPARABLE TO THE UNITED STATES. NEAR-SURFACE DISPOSAL IS PRACTICED IN BOTH COUNTRIES.

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i QUESTION 5. DOES THE COMMISSION CURRENTLY LICENSE FEDERAL, j

RADIOACTIVE WASTE DISPOSAL FACILITIES? IF S0, WILL. ,.

THE LICENSING PROCEDURES FOR FUTURE COMPACT WASTE l DISPOSAL FACILITIES BE SIMILAR TO THOSE USED NOW FOR FEDERAL WASTE DISPOSAL FACILITIES? IF THE

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COMMISSION DOES NOT LICENSE FEDERAL RADIOACTIVE WASTE DISPOSAL SITES, WHY NOT?

ANSWER.  :

UNDER PRESENT LAW, ASSUMING THAT THE DEPARTMENT OF ENERGY (DOE)

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WOULdBETHERESPONSIBLEAGEN'C,'T'HENRC'HA5'N'OJURI'SDICTIONTO

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REGULATE THE DISPOSAL OF LOW-LEVEL WASTE BY DOE.

THE REQUIREMENTS OF PART 61 APPLY TO ANY COMMERCIAL NEAR SURFACE DISPOSAL OPERATION COMING UNDER NRC JURISDICTION. NRC HAS LICENSING AUTHORITY FOR STATE AND COMPACT DISPOSAL FACILITIES NOT UNDER AGREEMENT STATE JURISDICTION (SECTION 274B 0F THE ATOMIC ENERGY ACT, AS AMENDED). AGREEMENT STATES REGULATIONS ARE TO BE COMPATIBLE WITH NRC REGULATIONS.

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i OUESTION 5. CONTINUED 2 AS NOTED ABOVE, DOE OPERATES LOW-LEVEL WASTE DISPOSAL FACILITIES

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• TO MANAGE WASTES PRODUCED AS A RESULT OF THAT DEPARTMENT'S ACTIVITIES. THESE FACILITIES ARE PRIMARILY USED TO DISPOSE OF '

i WASTES GENERATED AS A RESULT OF FEDERAL DEFENSE ACTIVITIES, AND l

ARE NOT IllTENDED FOR THE DISPOSAL OF COMMERCIALLY-GENERATED WASTE OR ANY OTHER WASTE PRODUCED BY NRC LICENSEES. ANY OTHER FEDERAL AGENCY WOULD BE A " PERSON" UNDER THE ATOMIC ENERGY ACT, AND WOULD THUS BE UNDER NRC REGULATORY JURISDICTION.

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