ML20207E140
| ML20207E140 | |
| Person / Time | |
|---|---|
| Issue date: | 08/09/1988 |
| From: | Dragonette K NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Vierima T MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMMIS |
| References | |
| FRN-51FR43367, REF-WM-3, RULE-PR-51 NUDOCS 8808170052 | |
| Download: ML20207E140 (4) | |
Text
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, Ocn M r-M itWBRC KITTY OG09tm Dr. Terry Vierima, Chair Midwest Interstate Low-Level Radioactive Waste Comission Room 588 350 N. Robert Street St. Paul, MN 55101
Dear Dr. Vierima:
Your letter to me on behalf of the Midwest Interstate Low-Level Radioactive Waste Comission dated July 19, 1988 asked the status of the December 2,1986 cdvance notice of proposed rulemaking (51 FR 43367). The notice concerned generic rulemaking for determining wastes which may be disposed of witMut regard to their radioactive content, i.e. below regulatory concern (BRC) wastes. You urged pron.pt action by the Comission.
Over 90 comment letters were submitted in response to the notice. Based on preliminary review of the comments, no clear consensus exists and comenters expressed diverse views on the merits of BRC disposal. The Nuclear Regulatory Comission's (NRC's) Office of Nuclear Regulatory Research now has responsibility for this rulemaking and is considering the comments. They ara also pursuing obtaining contractual support for potential rulemaking in response to the notice. No definitive decisions have been made at this time.
Work on a Commission directed ef fort to develop a comprehensive and broadly applicable policy on BRC has taken precedence over this effort.
We are sympathetic that the Compact Commission wishes to factor BRC rules into esti;nating waste volumes and options for disposal af ter storage. We agree that BRC action; can reduce the volumes of waste that would have to be sent to licensed disposal sites. The States are responsible for providing disposa' capacity for all low-level radioactive wastes containing concentrations less than Class C limits, whether or not they have been declared BRC. BRC status cerely allows alternative disposal methods.
Your letter does not appear to recognize that under the Comission's policy statement dated August 29, 1986, waste generators can already petition the NRC to declare waste streams BRC. The Electric Power Research Institute (EPRI) has informed us that they are preparing several such petitions which may be submitted this fall. We do not have firm estimates on waste volumes which may ultimately be declared BRC. However EPRI indicated that about 472,000 cubic feet per year might be eligible if most dry active waste from reactors qualified. (See ent.losed vu graph.) This volume is for all commercial reactors in the United States and was estimated as part of EPRI's werk on developing the technical base for rulemaking on specific waste streams, in 1987, about 1,800,000 cubic feet of waste were disposed of at the three operating licensed comercial sites. We are aware of only one other effort to prepare a petition. Since this petition is limited to wastes generated in Puerto Rico, no volumes significant on a national scale should be involved.
Thus, alternate disposal of BRC waste could impact volume estiriates by about
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MWBRC KITTY 2-26%(,. 300/1,800,000). You should be aware that. NRC committed to a goal of two-year rulemakings in response to petitions.
Work on the generic rulemaking was intended to be a supplement or parallel activity and was not intended to replace petitions prepared in response to the Commission's August 29, 1986 policy statement. The incremental uncertataty posed by the generic rulemaking is likely to La very small when ccmparerf to the impact from petitions on specific waste streams actively in preparation ander the policy statement, should NRC grant the petitions. Thus you may wish to advise the Compact th.t planning might acknowledge the option for BRC approvals by 1990, but that nu assurances can be given that final rules in response to petitions will be completed and certainly no generic rulemaking will be completed. The Compact should plan on storage and disposal volumes assuming no new BRC rulemaking actions before late 1990. Compact planning for managing waste in 1993 and beyond should include contingeacy plans to cover waste volumes assuming M BRC rulemakings. Petitions may not be filed or NRC may not be able to grant them. Further, NRC may decide not to undertake or complete BRC rulemaking on its own initiative.
If you have further questions concerning the advance notice, please centact Dr. Stanley Neuder on (301) 49?-3737 in the Office of Nuclear Regulatory Research who is currently rerponsible for this effort. If I can be of further assistance, please let me know. My current phone number is (301) 492-3437.
Sincerely, Kitty S Dragonette Regulatory Branch Division of Low-Level Waste Management and Decommissioning
Enclosure:
Vu graph dtd 6/9/87 DISTRIBUTION:
Central File NMSS r/f LLRB r/f KDragonette, LLRB RBoyle, LLRB PLohaus, LLOB JSurmeier, LLTB MBell, LLRB JGreeves, LLWM MKnapp, LLWM PDR SNeuder, RES
- See Previous Concurrence OFC: LLRB :LLRB * :LLRB * :LLOB * :RES * :
NAME:KDragonette/dfw:RBoyle :MBell :PLohaus :SNeuder :
DATE: f/4' /88 : / /88 : / /88 : : :
0FFIGIAL RECORD COPY a
a .~ s ,
s MWBRC KITTY 26%(472,000/1,800,000). You should be aware that NRCIomitted to a goal of two-year rulemakings in response to petitions. /
Work on the generic rulemaking was intended to b[a supplement or parallel activity and was not ' intended to replace petiti'ons prepared in response to the
! Comission's August 29,'1986 policy staten.eryt' The incremental uncertainty posad by the generic rulemaking is likely ,to be very small when compared to the impact from petiticns on specific waste streams actively in preparation under the policy statement, should NRC s grant the petitions. Thus you may wish to advisetheCompactthatplancingmighy,acknowledgetheoptionforBRCapprovals by 1990, but that no assurances can,be given that final rules in response to petitions will be completed ond cer'tainly no generic rulemaking will be completed. The Compact should p 6n on storage and disposal volames assuming no new BRC rulemaking actions befoy)e late 1990.NCompact planning for managing waste in 1993 and beyond should include contingency plans to cover waste volumes assuming no BRC rulenfakings. Petitions may, not be filed affd NRC may i not be able to grant them./Further, NRC may decide ~ hot to undert'ake or complete BRC rulemaking orf its own initiative. x
/
If you have further quistions concerning the advance notice, please contact Dr. Stanley Neuder on'(301) 492-3737 in the Office of Nuclear Regulatory Research who is currently responsible for this effort. If I can be of further assistance, please'let me know. My current phone number is (301) 492 3437.
/ Sincerely, J
Kitty S Dragonette Regulatory Branch Division of Low-Level Waste Management and Decomissioning
Enclosure:
Vu graph dtd 6/9/87 DISTRIBUTION:
Central File NMSS r/f LLRB r/f KDragenette, LLRB i RBoyle, LLRB PLohaus, LLOB JSurmeier, LLT3 MBell, LLRB
! JGreeves, LLk'M MKnapp, LLW PDR Neuder, RES 1 n , il /11 s A s ,
! _0FC: LLRB :LLRB/U( L :LL0bfr :RES :
NAME:K0r gonette/dfw f.LRB ,.Q
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0FFICIAL RECORD COM
l-ESTIMATED BRC VOLUMES Annual Vol Annual Savings
! COMPACTED DAW 343,200 cuft $16,000,000 i
! OIL 49,000' cuit $3,200,000 i
i l 2NDY IX RESINS 36,000 cuft $1,660,000 l
SOIL 25,000 cuft $1,150,000 l
l GRIT 20,000 cuft 920,000 Approximately = $23,000,000
~s j BRC-TAC #1 21 3/9/87 s.
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