NUREG-1241

Licensing of Alternative

Methods of Disposal of

Low-Lev'el Radioactive Waste

Branch Technical Position

Low-Level Waste Licensing Branch

Manuscript Completed: December 1986

Date Published: December 1986

L. B. Higginbotham, K. S. Dragonette, C. L. Pittiglio, Jr.

Division of Waste Management

Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission

Washington, DC 20555

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ABSTRACT

This branch technical position 'statement identifies and describes specific

methods of disposal currently being considered as alternatives to shallow land

burial, provides general guidance on these methods of disposal, and recommends

procedures that will improve and simplify the licensing process. The statement

provides answers to certain questions that have'arisen regarding the applicability of 10 CFR 61 to near-surface disposal of waste, using methods that incorporate engineered barriers or structures, and other alternatives to conventional

shallow land burial disposal practices. This position also identifies a

recently published NRC contractor report that addresses the applicability of -

10 CFR 61 to a range of generic'disposal concepts and which provides technical

guidance that the staff intends to use for these concepts. This position

statement combined with the above-mentioned NRC contractor report fulfills the

requirements of Section 8(a) of Public Law 99-240, the Low-Level Radioactive

Waste Policy Amendments Act of 1985.

NUREG-1241 . .
CONTENTS

Page

ABSTRACT ........................... iii

1 INTRODUCTION. 1

2 BACKGROUND.CONSIDERATIONS. 2

3 TECHNICAL POSITION. 3

3.1 Regulatory Framework. 3

3.2 Evaluation of Alternative Disposal Methods. 3

3.3. General Guidance.......... : ...... ; . ...... 4

3.4 Description of Alternative Disposal Concepts. 6

3.5 Design Considerations. 7

4 SUMMARY 10

5 REFERENCES .11

APPENDICES

A - PUBLIC LAW 99-240, LOW-LEVEL-;RADIOACTIVE WASTE POLICY AMENDMENTS

ACT OF 1985

B - SUMMARY OF PUBLIC COMMENTS ON DRAFT TECHNICAL POSITION STATEMENT

N.E. .4

NUE-14 v
TECHNICAL POSITION STATEMENT ON LICENSING OF ALTERNATIVE METHODS

OF DISPOSAL FOR LOW-LEVEL RADIOACTIVE WASTE

1 INTRODUCTION

This technical position statement on alternative methods for the land disposal

of low-level radioactive waste (LLW) is provided in response to the question of

whether disposal methods employing engineered structures and barriers can be

licensed under the existing requirements in Title 10 of the Code of Federal

Regulations, Part 61 (10 CFR 61), "Licensing Requirements for Land Disposal of

Radioactive Waste." The answer to the question is yes. The specific information contained in this technical position is intended to

* clarify the scope of disposal methods included within the meaning of the

term "near-surface disposal"

* identify alternative land disposal concepts considered to be within the

framework of the existing regulatory requirements in 10 CFR 61, thus

meeting the first part of the requirement of Section 8(a) of Public

Law 99-240, Low-Level Radioactive Waste Policy Amendments Act of 1985

* provide general guidance (NUREG/CR-3774, Volumes 1-6) on the various

components of the disposal system for alternative near-surface land

disposal concepts that may present problems in light of the performance

objectives of 10 CFR 61. This guidance meets the second part of the

requirement of Section 8(a) of Public Law 99-240, Low-Level Radioactive

Waste Policy Amendments Act of 1985

* encourage early and continuing interactions between potential license

applicants, the LLW disposal service industry, States, other government

agencies, and the NRC regarding efforts to develop and regulate new

disposal capacity for LLW

* encourage design engineers, vendors, and prospective license applicants

to submit detailed technical information on proposed disposal methods as

far in advance of license application as possible

* encourage a focus on a limited number of approaches to ensure standardization and resultant ability to use limited NRC resources most effectively;

NRC will focus its resources on alternative methods that utilize engineering material with earthen cover

The NRC staff concludes it is possible to complete reviews of disposal alternatives with an expectation of fully resolving the licensing questions that may

arise in the review process provided that an adequate prelicensing dialogue is

established.

NUREG-1241
2 BACKGROUND CONSIDERATIONS

As a part of its work in developing 10 CFR 61 and its supporting environmental

impact statement, the NRC staff conducted:a study of-alternative LLW disposal

methods. This was 'intended'to help'ensure that all viable disposal methods

were considered and that.the initial issuance,-,of the regulation and subsequent

amendments would be based on the disposal methods most likely to be used. The

results of studies-and public comments in response to the Advance Notice of

Proposed Rulemaking for Part 61 (Federal Re'gister, July 24,'1981) led the NRC

staff to concentrate its efforts'on developing regulations on land disposal

methods..

Land disposal methods can re'adily be'.placed into two categories: those that

take place near the earth's'surface and those that involve deeper disposal.

Near-surface disposal encompasses the full range of technology that can be

applied to LLW disposal near the earth's surface, that is, shallow land burial,

deeper burial at depths up to 30 meters, and the use of engineered structures,

barriers, and other concepts, some of.which may be partially above the surface.

Specific requirements for deeper land disposal methods such as mined cavities,

either natural or engineered, were'not considered in-the initial rulemaking

effort. 'This technology involves considerations for siting and facility design,

operations, and closure that are sufficiently different from those for nearsurface disposal,'so that certain technical requirements in Subpart D of

10 CFR 61 do not apply. Such methods were left to be addressed in action on a

specific application, subsequent guidance, and rulemaking effort, if rulemaking

is warranted. It was also recognized-that other disposal methods such as

hydrofracture and deep-well injection have been used (e.g., by the Department

of Energy in Oak Ridge, Tennessee). These two alternatives were not specifically'addressed in'the initial Part.61 rulemaking effort because they are

suited to a very narrow range of.'waste types and require specific geologic and

hydrogeologic conditions. 'Consequently, they also were left to be addressed at

a later time,- if necessary. A mined'cavity could be sited and licensed on a

facility-specific basis under existing regulatory provisions in 10 CFR 61.

NUREG-12412 2
I I lilt

3 TECHNICAL POSITION

3.1 Regulatory Framework

The regulatory framework established in 10 CFR 61 covers all phases of waste

disposal from site selection through facility design, licensing, operations,

closure, and postclosure stabilization, to the end of the period of active

institutional control. This framework of regulations establishes the procedures, criteria, terms, and conditions forming the basis on which the NRC will

issue and renew licenses for the land disposal of LLW.

Subparts of the rule covering general provisions and procedural licensing

aspects, as well as those subparts covering performance objectives, financial

assurances, State and tribal participation, and records, reports, tests and

inspections apply to all methods of land disposal of LLW, both near-surface

and at greater depths. The technical requirements in Subpart D are specified

only for near-surface disposal methods with reserved sections for other than

near-surface. As discussed in Section 3.5, the NRC staff believes that, except

for the potential need to develop site-specific alternative waste form and

classification requirements, the technical requirements in Subpart D apply to

alternative methods of near-surface disposal using engineered barriers or

structures. These alternative methods include, for example, disposal by

emplacement in below-ground engineered vaults, partially above-ground engineered vaults, earth-mounded engineered bunkers, lined shafts or boreholes,

caissons or pipes, and concrete-walled trenches.

3.2 Evaluation of Alternative Disposal Methods

This technical position is guided by the background of knowledge and experience

reflected in the rulemaking that culminated in the issuance of 10 CFR 61. Both

draft and final environmental impact statements for the rule address alternative

disposal methods. Alternative disposal facility design and operating practices

were also among the subjects covered in the background studies and information

considered in the rulemaking.

Since the publication of 10 CFR 61 in December 1982, the staff has continued to

evaluate alternative disposal methods. An NRC contractor report prepared by

the U.S. Army Corps of Engineers entitled "Alternative Methods for Disposal

of Low-Level Radioactive Wastes" (NUREG/CR-3774) was published in six volumes:

* Volume 1, published in April 1984, examined the applicability of 10 CFR 61

requirements--siting, design, operations and closure, and monitoring--to

five generic design concepts for alternative disposal methods. The five

design concepts are below-ground vaults, above-ground vaults, earthmounded concrete bunkers, mined cavities, and augered holes.

* Volumes 2 through 5, published in October 1985, and Volume 6, published in

October 1986, provide a more detailed assessment of the applicability of

existing criteria for near-surface disposal (Subpart D, 10 CFR 61) to the

five alternative disposal methods covered in,Volume 1. The five methods

NUREG-1241 3
-covered in the reports were below-ground vaults, above-ground vaults,

earth-mounded concrete bunkers, shaft disposal, and mined cavity disposal.

The authors concluded that the siting, design, operations, closure, and monitoring criteria of Subpart D, 10 CFR 61, should apply to all the alternative

disposal methods except mined cavity disposal. *The staffi;agrees with those

conclusions, differing with the contractor's report on only a few minor interpretive points of the regulation. The findings of these reports and clarification of the-ways the criteria should be interpreted will be'incorporated

into future-regulatory guidance. This guidance will be issued on the basis

of any specific disposal'alternatives that may be received for review and

analysis of particular- design features of the generic disposal concepts that

have already, been. studied. The staff will issue the guidance as modifications

to a standard format and content guide and the standard review plans being

prepared for shallow land burial applications under 10 CFR 61.

The NRC staff's basis for selecting the conceptual designs for first study by

the U.S. Army Corps of Engineers was that each method appears to be under

practical consideration by other countries, U.S. agencies, or States. One-of

these concepts, mined cavities, does not appear to be under serious domestic

consideration at this time. Further, as noted earlier, mined cavity-disposal

represents a significant departure from the experience, data and knowledge base

used in formulating .the requirements for10-,CFR.-61.

Although it has studied design concepts for alternative disposal methods, the

NRC, staff cannot complete detailed design work or developmental research on new

concepts or specific designs for facilities that would have the effect of establishing or developing their commercial potential. These activities are developmental rather than regulatory in nature and should be supported by the entities

responsible for establishing new waste disposal capacity or, on the Federal

level, by the Department of Energy.

3.3 General Guidance

Section 9 of the Low-Level Radioactive Waste Policy Amendments Act of 1985

(LLRWPAA) requires that, to the extent practicable, the NRC staff complete all

activities associated with the review-.and processing of any license application

within l5 months of receipt of the.application. The NRC staff is moving ahead

to provide information that will help ensure the timely review of low-level

waste disposal facility license applications. Both-a standard format and'content guide (NUREG-1199) and standard review plans :(NUREG71200) for the evaluation of license applications will be issued in January 1987. These documents

provide the mechanism for the NRC staff to review a license application within

15 months and fulfill the requirements of Section 9 of the LLRWPAA. - However,

the NRC staff-will also evaluate innovative disposal designs that might later

be reflected in a license application. To promote timely regulatory decisions,

designers, vendors, and prospective-license -applicants are encouraged to submit

detailed technical information on proposed disposal facility designs in advance

of formal license applications. This will permit the NRC staff to evaluate

fundamental safety and performance-aspects and provide prelicensing guidance.

However, such information,-should only be submitted when the designs are a part

of a specific application being prepared, represent work sponsored by a potential applicant, or are based on some other type of commitment by a potential

NUREG-1241 4
WII?

licensee. Advance review and, where feasible, approval of designs and related

technical information can reduce considerably the time needed for license

application review.

Designs for alternative disposal methods should reflect both the benefits of

significant research and development work and the experience gained from waste

disposal operations in the United States and other countries. It is anticipated

that alternative disposal methods may offer an enhanced margin of protection

for the public and the environment. If the alternative design is coupled with

innovative operations (e.g., automated handling and emplacement) or more conservative waste forms, content, or packaging, it may also offer an enhanced

margin of protection for workers. Tradeoffs on worker exposure, operations,

and waste form should be factored into designing as indicated in Section 3.4,

which follows. The NRC staff particularly encourages design innovations that

increase safety and reliability and that generally are supported by a proven

technology or one that can be demonstrated by a satisfactory technology development program.

Early review of facility design can be requested on an individual applicant

basis. However, the NRC staff believes that there are advantages to standardized approaches to waste disposal. Standard disposal design features can benefit public and environmental protection by concentrating the resources of waste

management engineers and vendors on particular approaches and by stimulating

standardized programs of construction practice and quality assurance. The use

of standardized approaches and design concepts can also facilitate more effective and efficient licensing and inspection processes. To this end, the staff

plans to give higher priority and focus resources on those approaches that are

of greatest interest to States. As a result of comments received on the draft

version of this statement and input from workshop meetings, the NRC staff considers that the primary focus should be on alternative methods that utilize

engineering materials with soil cover (for example, below-ground vaults and

earth-mounded concrete bunkers). The NRC staff will expend minimal resources

on above-ground vaults and mined cavity disposal options. In addition, the NRC

staff strongly encourages industry and the States to pursue standardization in

developing alternative waste disposal methods. Procedures for reviewing standard designs could be patterned after the procedures for reviewing standard

designs for reactors in Appendix 0 to 10 CFR 50.

The public should note that preapplication requests for NRC review that also

request approval by NRC involve fees. There are two ways for NRC to grant

approval. Both involve fees under 10 CFR 170. Requests that are suitable and

submitted as topical reports involve a $20,000 fee. If the request is not

suitable and not submitted as a topical report, 10 CFR 170 requires full cost

recovery as a special project Csee 10 CFR 170.31, Item 12). Also see

10 CFR 170.11(b), which allows the Commission to consider exemptions from the

fee requirements when consistent with law and the public interest.

The NRC intends, commensurate with its statutory responsibilities, to improve

and simplify the licensing process and provide stability and predictability in

the regulation of new LLW disposal facilities. To help accomplish this objective, the NRC staff encourages the earliest possible interaction between potential license applicants, the waste disposal service industry, States, other

NUREG-1241 5
government agencies, and the NRC. This should also serve to provide all interested parties, including the public, with timely and objective assessments of

the public and environmental protection'aspects of proposed alternative waste

disposal methods.

3.4 Descriptions of Alternative Disposal Concepts

Each of the design concepts described below has either been evaluated as a

waste disposal alternative to shallow land burial or is currently being used or

considered for that purpose in other'countriqs. Descriptions of these design

concepts are included here to help define the range of design characteristics

considered to be within the framework of the existing regulatory requirements

of 10 CFR 61. The concepts are described in more detail in NUREG/CR-3774.

* Below-Ground Vaults: A below-ground vault is any enclosed engineered

structure built at least partially below the original surface of the earth

and used for disposal of low-level radioactive waste. 'No portion of the

structure would protrude above the final surface grade. A below-ground

vault could be fabricated from the engineering'materials discussed below

for above-ground vaults. The'vault could be built with engineered walls

and roof; the floor could be natural soil or rock,'treated soil or rock,

or engineered materials. The vault,'as an integrated structure, also has

the characteristic of. limited-access to its interior space, such as a

doorway or portal or hatch opening. Operational access to the vault from

the surface may be in the form of an excavated ramp, which is built and

then covered over at closure. During operations, however, the vault may

have more extensive access, depending on its design. See Volume 2 of

NUREG/CR-3774 for a more complete description of variations in conceptual

design and operation of below-ground vaults.

* Above-Ground Vaults: An above-ground vault disposal unit is an engineered

structure or building with floor, walls, roof, and limited access openings

on a foundation near the ground surface. At least some portion of the

structure would'be above the'final postclosure surface grade. The vault

would be built from engineered structural materials. Fabrication could be

of masonry blocks, fabricated metal shapes, reinforced cast-in-place or

sprayed concrete, pre-cast concrete, or plastic or fluid media molded into

various solid shells. All of these materials have been used to construct

vaults. There are no existing regulatory constraints on material selection or shape of the vault as long as it can be demonstrated by the

license applicant that the performance objectives of 10 CFR 61 can be

achieved. See Volume 3 of NUREG/CR-3774 for a more complete description

of variations in conceptual'design and operation of above-ground vaults.

* Earth-Mounded Concrete Bunkers: The design of earth-mounded concrete

bunkers may include the features'of trenches, below-ground vaults, and

earth mounds. This disposal method may also rely on mandatory requirements

on waste'form or site operation, such as specialized packaging and encapsulation.' The basic design of an earth-mounded concrete bunker currently

used in France segregates wa'stes' according to level of radioactivity.

Wastes with higher levels of'radioactivity are embedded in concrete below

ground. Waste packages with lower levels of radioactivity are emplaced

above ground at natural grade in earthen mounds (tumli). Thus, an earthmounded concrete bunker may involve both above-ground and below-ground

NUREG-1.2416 6
ills

construction, and may include waste encapsulation and backfilling with

both concrete and earth. See Volume 4 of NUREG/CR-3774 for a more

complete description of variations in conceptual design and operation of

earth-mounded concrete bunkers.

Shaft Disposal: The term "shaft disposal" refers to a near-surface disposal

alternative in which wastes would be disposed of in shafts or boreholes

augured, bored, or sunk by conventional construction methods. The shafts

could be lined or unlined and of various sizes. Lining could be concrete,

metal, or other suitable structural material. See Volume 5 of NUREG/CR-3774

for a more complete description of variations in conceptual design, use,

and operation of shaft disposal.

Mined Cavity: The term "mined cavity" for the purpose of this discussion

includes enclosed cavities developed in the removal of natural resources.

Open-pit mines and surface mines are excluded from consideration. Mines

vary greatly in geologic setting, types of excavation, and manner of

resources extracted. See Volume 6 of NUREG/CR-3774 for a more complete

description of the mined cavities.

If specific disposal facility designs are brought to the NRC for evaluation,

the NRC staff will provide prelicensing guidance to help ensure that key issues

will be identified and resolved before licensing and that NRC's regulatory

requirements are incorporated into the applicant's program. However, until

such time as detailed technical information on designs is submitted, the NRC

staff believes that regulatory guidance must be sufficiently general to avoid

placing unnecessary constraints on the development of new design concepts. The

nature of any new NRC regulatory requirements will be based on the extent to

which an individual proposed disposal design is shown to conform to the existing technical requirements of 10 CFR 61 or is compatible with meeting the performance objectives set out in 10 CFR 61 when combined with other components

of the disposal system.

The following general guidance is provided for features and characteristics of

various alternative disposal concepts that may present problems in demonstrating compliance with the 10 CFR 61 performance objectives. Requirements to

reassess and potentially modify other components of the disposal system are

also discussed. This guidance is intended to assist waste disposal engineers,

license applicants, and States in identifying a preferred waste disposal design.

3.5 Design Considerations

Land disposal facilities must be sited, designed, operated, closed, and controlled after closure to achieve' the performance objectives set forth in Subpart C of 10 CFR 61. The combination of performance objectives and technical

requirements establishes a systems approach to waste disposal. The components

of the "system" include the site and its characteristics, the facility and

disposal unit designi, the waste, facility operations and closure, intruder

barriers, and institutional controls. Environmental monitoring is used to

assess the system's performance. Reliance is not placed on any one component

of the system. Rather, all interact in achieving the performance objectives.

Design of the facility and disposal units plays an important role in the performance of the waste disposal system.

NUREG-1241 7
Siting: The disposal site suitability requirements of 10 CFR 61.50 are

minimum common sense requirements and apply to siting of all near-surface

alternative disposal methods. The first critical step, as with any disposal facility, is to select a site where natural conditions favor disposal.

Engineered structures and barriers should not be-viewed-as a planned substitute for a suitable site. Rather, in conjunction with other disposal

system components, the engineered features should offer enhanced confidence

in protection for the public'and environment.

Thus, States are encouraged to proceed expeditiously with their disposal

siting programs while NRC develops supplemental standard format and content guidance and standard review plans for alternative methods.

Design of Disposal Units: The disposal site design requirements of

10 CFR 61.51 are sufficiently flexible .to apply to alternative disposal

methods that fall within the first four concepts described in Section 4 of

this statement, mined cavities excluded. Although little experience concerning waste disposal in engineered structures is available, the technology exists to construct buildings''and structures that will last for

centuries. There are structures in use today that were built hundreds and

even thousands of years ago. However, procedures are not well developed

for obtaining assurance'that'structures--wil-1 be left-alone or will survive

intact over the period required -to safely isolate emplaced wastes from the

human environment after the loss of institutional controls. Designs that

actively rely on engineering should be evaluated for deterrence of intrusion and also the consequences of intrusion and failure of the structure

sooner than expected.

Waste retrievability is not-required or prohibited by 10 CFR 61. If waste

retrievability is proposed as a design feature, several important factors

should be considered. Retrievability should not compromise or otherwise

lessen the ability of the combined features to meet the performance objectives of 10 CFR 61. The designer should be sure that retrievability measures do not result in increased problems in protecting the inadvertent

intruder.

Waste Classification: Existing concentration limits for Class A, B, and C

wastes are based on associated waste.form and other components of the

system to determine critical pathways. Certain disposal methods and associated operations may not accommodate all-classes of LLW or parts of one

or more classes. An alternative waste classification system may be proposed

by the applicant'because of the types of waste generated within the region

served by the proposed-facility, the specific design'of disposal units, or

other factors. The applicant may propose a waste classification system

different from that described-in-10-CFR 61.55, provided the system is

compatible with -the performanceiobjectives of 10 CFR 61 and the concentrations of radionuclides'in.the'system proposed do'not exceed the values

specified in 10 .CFR 61.55 for Class -C waste. Alternatives to current

waste classification requirements can be considered under the flexibility

allowed in 10 CFR 61.58. However, alternative waste classes have the

potential to confuse waste generators. The staff believes that using

other options such as more restrictive waste forms or packaging or alternative emplacement methods would minimize confusion on the part of waste

generators.

NUREG-1241 8
f 11,-F

Intruder Barrier: 10 CFR 61 requires that Class C waste be disposed of in

such a manner that the top of the waste is a minimum of 5 meters below the

top surface of the cover over the waste or that intruder barriers are

included that are designed to protect against an inadvertent intrusion for

at least 500 years (10 CFR 61.42 and 61.52). Alternative disposal methods

should provide a level of protection for the inadvertent intruder equivalent

to the existing requirements.

Waste Characteristics: The minimum requirements on waste characteristics

specified in 10 CFR 61.56(a) will apply for alternative disposal methods.

The applicant may use flexibility in conforming to the stability requirements in 10 CFR 61.56(b)(1) if waste stability is to be provided by the

engineered structure in which the waste is emplaced. However, proposed

designs may need more stringent minimum waste forms or packaging to protect

workers or design features to accommodate planned operations (e.g., weight

or size limits). Supplemental requirements should be reasonable enough

so that generators and processors can be relied on to comply with the

requirements. Alternatives to current waste characteristics requirements

can be considered under 10 CFR 61.58.

Facility Operations and Closure: The requirements for facility operations

and closure in 10 CFR 61.52 will be applied to the first four alternative

disposal methods described in this statement. The specific application of

the individual requirements may vary with a particular alternative disposal design. Worker exposure and safe operations should obviously be a

factor in developing operational programs or procedures and closure plans.

Volumes 2 through 5 of NUREG/CR-3774 contain a more complete explanation

and discussion of the individual requirements of 10 CFR 61.52 and their

application than is included in this technical position.

Environmental Monitoring: The requirements for monitoring specified in

10 CFR 61.53 will apply for the first four alternative disposal methods.

The specific parameters to be monitored and the measurements and observations to be made may vary significantly between below-ground and aboveground disposal units and, for above-ground units, between earth-covered

and uncovered units. Provisions for monitoring should be included in

design considerations.

Institutional Requirements: The land ownership and institutional control

requirements of 10 CFR 61.59 will apply to alternative disposal methods.

Existing requirements related to active institutional controls may have to

be modified by license to accommodate some engineered structure disposal

concepts, such as those built above ground without cover. For example,

the wastes may be more readily available for exposure, so additional controls and a more comprehensive program to exclude the public from the

site during the active institutional control period may be necessary.

10 CFR 61 provides that active institutional controls cannot be relied on

for more than 100 years. 10 CFR 61 does not prohibit longer periods of

active controls. However, longer periods should only provide additional

assurances and should not be necessary to ensure long-term performance.

NUREG-1241 9
..4 SUMMARY

In'summarizing this statement, the-foll.owing points highlight the major points

presented in this technical position::

* 10 CFR 61 establishes the framework for.licensing land disposal of lowlevel radioactive waste. It may be used to license any land disposal

method, including those that use engineered barriers or structures.

* The Low-Level Radioactive Waste PFolicy Amendments Act of 1985 establishes

schedules for the development of licensing procedures''and technical guidance. Two major milestones that must be met are (1) the identification of

.methods' of disposal other than -shallow land burial and the.establishment

and publication of 'guidance regarding' the use of such 'rhethods by January

1987, and (2) the publishing of technical information regarding such alternative methods.by January'1988. An additional requirement is to establish

procedures and to develop. the technical'capability to complete the review

of a license application within 15 months' of receipt by January 1987.

* The NRC has already met the.firstimilestone by (1) publishing this final

technical position, which identified five alternative concepts, and

(2) publishing the six-volume NRC contractor report, NUREG/CR-3774.

The second milestone will be met by publishing in January 1987 technical

information'regarding alternatives in the standard format and content

guide (NUREG-1199) and the standard review plan (NUREG-1200), which are

currently being developed for shallow land burial.

Over the coming year, the NRC will focus on alternative methods that utilize cementitious materials with earthen cover (for example, below-ground

vaults and earth-mounded concrete bunkers).. NRC will expend minimal

resources on above-ground vaults or mined cavities.

* The NRC encourages standardization because that will foster more efficient

use of limited resources and thus will result in safe and environmentally

sound-disposal with significant time savings.

* Prelicensing consultation with the States, regional compacts, and other

interested parties will continue. This will include the ongoing Outreach

Program and regional workshops. In these and other forums, such as this

one, the staff will be interested in receiving feedback on its plans.

NUREG-1241 10
5 REFERENCES

Low-Level Radioactive Waste Policy Amendments Act of 1985 (Public Law 99-240)

Code of Federal Regulations, Title 10, "Energy," U.S. Government Printing

Office, Washington, DC, 1986.

U.S. Nuclear Regulatory Commission, "Licensing Requirement for Land Disposal

of Radioactive Waste," Federal Register, Vol. 46, No. 142, pages 38031-38089,

July 24, 1981.

--- , NUREG-1199, "Standard Format and Content of a License Application for a

Low-Level Radioactive Waste Disposal Facility," to be published.

--- , NUREG-1200, "Standard Review Plan for Review of a License Application for

a Low-Level Radioactive Waste Disposal Facility," to be published.

--- , NUREG/CR-3774, "Alternative Methods for Disposal of Low-Level Radioactive

Wastes," Vol. 1, "Task 1: Description of Methods and Assessment of Criteria,"

April 1984; Vol. 2, "Task 2a: Technical Requirements for Belowground Vault

Disposal of Low-Level Radioactive Waste," October 1985; Vol. 3, "Task 2b:

Technical Requirements for Aboveground Vault Disposal of Low-Level Radioactive

Waste," October 1985; Vol. 4, "Task 2c: Technical Requirements for Earth

Mounded Concrete Bunker Disposal of Low-Level Radioactive Waste," October 1985;

Vol. 5, "Task 2e: Technical Requirements for Shaft Disposal of Low-Level

Radioactive Waste," October 1985; Vol. 6, "Task 2d: Technical Requirements for

Mined Cavity Disposal of Low-Level Radioactive Waste," October 1986.

NUREG-1241 11
I APPENDIX A . . . . . .

PUBLIC LAW 99-240

LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS ACT OF 1985 :

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NUREG-1241
Z 99 STAT. 1842 PUBLIC LAW 99-240-JAN. 15,1986 PUBLIC LAW 99-240--JAN. 15, 1986 99 STAT. 1843

C:

Po

Public Law 99-240

99th Congress

An Act

To amend the Low-Level Radioactive Waste Policy Act to improve procedures for the

Jan 15,1986 implementation of compacts providing for the eatablishment and operation of regional disposal facilities for low-level radioactive waste, to grant the consent of [H.RI 1083) the Congress to certain interstate compacts on low-level radioactive waste; and for

other purpose.

State and local

governments.

Low-Level

Radioactive

Waste Policy

Amendments

Act of 198.

42 USC 2021b note.

42 USC

2021b-2021d.

2021b note.

Be it enacted by the Senate and House of Representatives of the

United States ofAmerica in Congress assembled,

TITLE I-LOW-LEVEL RADIOACTIVE WASTE POLICY

AMENDMENTS ACT OF 1985

SEC 101.SIIORTTITLE.

This Title may be cited as the "Lnw-Level Radioactive Waste

Policy Amendments Act of 1985"

SEC. I02 AMENDMENT TO THlE LOW.LEVEL RADIOACTIVE WASTE POLICY ACT. I

The Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.) is amended by striking out sections 1, 2, 3, and 4 and inserting in lieu thereof the following.

"(5) COMPACT COMMLSSION.-The term 'compact commission'

means the regional commission. committee, or board estab- lished in a compact to administer such compact. "(6) CoMPACr REGION.-The term 'compact region' means the

area consisting of all States that are members of a compact. "(7) DIsPOsaL.-The term 'disposal' means the permanent isolation of low-level radioactive waste pursuant to the require- ments established by the Nuclear Regulatory Commission

under: applicable laws, or by an agreement State if such isolation occurs in such agreement State.

"(8) GENERAr-The term 'generate', when used in relation

to low-level radioactive waste, means to produce low-level radioactive waste.

"(9) LOW-LEVEL RADIOACTIVE wATs.-The term 'low-level

radioactive waste' means radioactive material that-

"(A) is not high-level radioactive waste, spent nuclear

fuel, or byproduct material (as defined in section lle.(2) of

the Atomic Energy Act of 1954 (42 U.S.C. 2014(eX2))); and

"(B) the Nuclear Regulatory Commission, consistent with

existing law and in accordance with paragraph (A), classifies as low-level radioactive waste.

"(10) NON-6rrED COMPACT RECION.-The term 'non-sited com- pact region' means any compact region that is not a sited

compact region. "(11) REGIONAL DISPOSAL FACILITY.-The terra 'regional disposal facility' means a non-Federal low-level radioactive waste

disposal facility in operation on January 1, 1985, or subse- quently established and operated under a compact. "(12) SoCeET. RY.-The term 'Secretary' means the Secretary of Energy.

"(13) SrrED COMPACT REGION.-The term 'sited compact region' means a compact region in which there is located one of the

regional disposal facilities at Barnwell, in the State of Soutlt

Carolina; Richland, in the State of Washington; or Beatty, in

the State of Nevada.

"(14) STATE.-The term 'State' means any State of the United

States, the District of Columbia, and the Commonwealth of

Puerto Rico.

42 USC 2021b "SECTION 1. SHORT TITLE

> noto. "This Act may be cited as the 'Low-Level Radioactive Waste

* Policy Act'.

42 USC 2021b. "SEC .. DEFINITIONS.

"For purposes of this Act:

"(1) AGIruEMzNm srArE.-The term 'agreement State' means a State that-

"(A) has entered into an agreement with the Nuclear

Regulatory Commission under section 274 of the Atomic

Energy Act of 1954 (42 U.S.C. 2021); and

"(B) has authority to regulate the disposal of low-level

radioactive waste under such agreement. "(2) AULocATIoN.-The term 'allocation' means the assignment of a specific amount of low-level radioactive waste disposal capacity to a commercial nuclear power reactor for which access is required to be provided by sited States subject to the conditions specified under this Act.

"(3) CoMMsRcIAL NUCLEAR POWER REACTOR.-The term

'commercial nuclear power reactor' means any unit of a civilian

light-water moderated utilization facility required to be licensed

under section 103 or 104b. of the Atomic Energy Act of 1954 (42 U.S.C. 2133 or 2134(b)).

"(4 CoMpACT.-The term 'compact' means a compact entered

into by two or more States pursuant to this Act.

South Carolina. Washington.

Nevada.

"SEC 3. RESPONSIBILITIES FOg DISPOSAL OF LOW-LEVEL RADIOACTIVE 42 USC 2021c.

WASTE.

"SECnoN 3(aXI) STATE RIsPoNsIBLmEs.-Each State shall be

responsible for providing, either by itself or in cooperation with

other States, for the disposal of-

"(A) low-level radioactive waste generated within the State

(other than by the Federal Government) that consists of or contains class A. B, or C radioactive waste as defined by section

61.55 of title 10, Code of Federal Regulations, as in effect on January 26. 1983; "(B) low-level radioactive -waste described in subparagraph (A) Vessels.

that is generated by the Federal Government except such waste

that is-

"(i) owned or generated by the Department of Energy; "(ii) owned or generated by the United States Navy as a result of the decommissioning of vessels of the United

States Navy; or
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99 STAT. 1844 PUBLIC LAW 99-240-JAN. 15,1986

Reseurch and "(iii) owned or generated as a result of any research, development development, testing, or production of any atomic weapon; and "(C) low-level radioactive waste described in subparagraphs (A) and (B) that is generated outside of the State and accepted Nor. pp. 184t, for disposal in accordance with sections 5 or 6. 1855. "(2) lNo regional disposal facility may be required to accept for

disposal any material- - . "(A) that is not low-level radioactive waste as defined by section 61.55 of title IO, Code of Federal Regulations, as in effect on January 26, 1983, or . "(B) Identified under the Formerly Utilized Sites Remedial

Action Program. -: Nothing in this paragraph shall. be deemed to prohibit a State, subject to the provisions of its compact, or a compact region from

accepting for disposal any material identified in subparagraph (A) or

"(bXI) The Federal Government shall be responsible for the dis- posal of-.,

."(A) low-fevei, radioactive waste owned or generated by the Department of Energy;- Veela. ' (B) low-level radioactive waste owned or generated by the

United States Navy as a result of the decommissioning of vessels of the United States Navy _ I

Research and i : "(C) low-level radioactive waste own&d or generated by the derelopment. r , Federal Government as a result of any research, development, . testing, or production of any atomic weapon; and -> es"(D) any other low-level radioactive waste with concentra- tions of radionuclides that exceed the limits established by the Commission for class C radioactive waste, as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January26, 1983. E L

Health. "(2) All radioactive waste designated a Federal responsibility safety. pursuant to subparagraph (bXlXD) that results from activities Hi

censed b the uclear Regulatory Commission under the Atomic 42 USC 2011 Energy Act of 1954, as amended, shall be disposed of in a facility note. licensed by the Nuclear Regulatory Commission that the Commis- sion determines is adequate to protect the public health and safety. Report "(3) Not later than 12 months after the date of enactment Of this

Act, the Secretary shall submit to the Congress a comprehensive report setting forth the recommendations of the Secretar for ensur- ing the safe disposal of all radioactive waste designated a Federal responsibility pursuant to subparagraph (bXlXD). Such report shall

include_ -. .

"'(A) an, identification of- the radioactive waste involved, Including the source of such waste, and the volume, concentra- tion, and other relevant characteristics of such waste; "(B) an Identification of the Federal and non-Federal 'options for disposal of such radioactive waste; "(C) a description of the actions proposed to ensure the safe disposal of such radioactive waste; l(D)) a description of the projected costs of undertaking such actions; . "(E) an identification of the options for ensuring that the beneficiaries of the activities resulting in the generation of such radioactive wastes bear all reasonable costs of disposing of such

wastes; and

PUBLIC LAW 99-240-JAN. 15, 1986 99 STAT. 1845

"(F) an identification of any statutory authority required for

disposal or such waste.

"(41 The Secretary. may -not dispose of any radioactive waste Prohibition. designated a Federal responsibility pursuant to paragraph (bXl)(D) RepoK that becomes a Federal responsibility for the first time pursuant to such paragraph until ninety days after the report prepared pursu- ant to paragraph (3) has been submitted to the Congress.

"SEC. 4. REGIONAIL COMPAcTs FOR nISPOSAL. OF LOW-LEVEI. RADIO- 42 USC 2021d.

AVTIVEWASbT&;

"(a) IN GENERAL-

"(1) FEDERAL POLICY.-It is the policy or the Federal Government that the responsibilities of the States under section 3 for Ante. P. 1R43. the disposal of low-level radioactive waste can be most safely and effectively managed on a regional basis. - ;'- "(2) INTERSTATE COMPACTS.-TO carry out the policy set forth in paragraph (I). the States may enter into such compacts as may be necessary to provide for the establishment and oper- ation or regional disposal facilities for low-level radioactive

waste.

"(b) APPUCABILrrY To FEDERAL AcrivrrmEs.- - "(1) IN GENERAI.-

"(A) AcrIvmEs or TE sECRETARY.-Except as provided in Prohibition. subparagraph (B), no compact or action taken under. a

compact shall be applicable to the transportation, manage- ment, or disposal of any low-level radioactive waste designated in section 3(aXIXB)(i)-iii)- A (B) FEDERAL LOW-LEVEL RADIOACTIVE WASTE DISPOSED OF

AT NON-FEDERAL rAcILmEs.-Low-level radioactive waste owned or generated by the Federal Government that is

! disposed of at a regional disposal facility or non-Federal disposal facility within a State that is not a member of a

compact shall be subject to the same conditions, regula- tions, requirements, fees, taxes, and surcharges imposed by the compact commission, and by the State in which such facility Is located, in the same manner and to the same extent as any low-level radioactive waste not generated by the Federal Government. "(2) FEDERAL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILI- Prohibition.

TiEs.-Any low-level radioactive waste disposal facility estab- lished or operated exclusively for, the disposal of low-level

radioactive waste owned or generated by the Federal Government shall not be subject to any compact or. any action taken

under a compact. "(3) EFrECT O COMPACrS ON FEDERAL LAw.-Nothifit con- Prohibition.

tained In this Act or any compact may be construed to-confer

any new authority on any compact commission or State- "(A) to regulate the packaging, generation, treatment, Transportation. storage, disposal, or transportation of low-level radioactive Regulations.

waste in a manner incompatible with the regulations of the Nuclear Regulatory Commission or inconsistent with the regulations of the Department of Transportation; '. (B) to regulate health, safety, or environmental hazards Health. from source material, byproduct material, or special nu. safety. clear material; Pollution. "(C) to inspect the facilities of licensees of the Nuclear

Regulatory Commission;.
ig

a99 STAT. 1846 PUBLIC LAW 99-240-JAN. 15,1986 PUBLIC LAW 99-240-JAN. 15, 1986 99 STAT. 1847

Government

organization and

employees.

28 USC 2671 et seq.

Prohibition.

Prohibition.

Prohibition.

"(D) to inspect security areas or operations at the site of

the generation of any low-level radioactive %yaste by the

Federal Government, or to inspect classified information

related to such areas or operations, or "(E) to require indemnification pursuant to the provisions of chapter 171 of title 28, United States Code (commonly referred to as the Federal Tort Claims Act), or section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly referred to as the Price-Anderson Act), whichever Ls

applicable.

"(4) FEDsaAL AUTHoR=r.-Except as expressly provided in

this Act, nothing contained in this Act or any compact may be

construed to limit the applicability of any Federal law or to

diminish or otherwise impair the jurisdiction of any Federal

agency or to alter, amend, or otherwise affect any Federal law

governng the judicial review of any action taken pursuant to

any compact.

'(5) STATE AUTH4ORrTY PRESERVED.-Except as expressly pro- vided in this Act, nothing contained in this Act expands, diminishes, or otherwise affects State law.

' (c) RESTRICTED USE, OF REGIONAL DIsPOSAL FAcrILmES.-Any authority in a compact to restrict the use of the regional disposal facilities under the compatt to the disposal of low-level radioactive

waste generated within the compact region shall not take effect

before each of the following occurs: "(1) January 1, 1986; and

"(2) the Congress by law consents to the compact. "(d) CONGRrssIONAL REIviEw.-Each compact shall provide that

every 5 years after the compact has taken effect the Congress may by law withdraw its consent.

tAI

referred to in paragraphs (1) through (3) of subsection (b) and located in the sited compact region in which such waste

is generated.

"(8) Any State in which a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) is

located may, subject to the provisions-of its compact, pro- hibit the disposal at such facility of low-level radioactive

waste generated outside of the compact region if the disposal of such waste in any given calendar year, together with all other low-level radioactive waste disposed of at

such facility within that same calendar year, would result

in that facility disposing of a total annual volume of lowlevel radioactive waste in excess of 100 per centum of the

average annual volume for such facility designated in

subsection (b): Prouided, however, That in the event that all

three States in which regional disposal facilities referred to

in paragraphs (1) through (3) of subsection (b) act to prohibit the disposal of low-level radioactive waste pursuant to this

subparagraph, each such State shall, in accordance with

any applicable procedures of its compact, permit, as nec- essary, the disposal of additional quantities of such waste in

increments of 10 per centum of the average annual volume

for each such facility designated in subsection (b). "(C) Nothing in this paragraph shall require any disposal facility or State referred to in paragraphs (1) through (3) of subsection (b) to accept for disposal low-level radioactive

waste in excess of the total amounts designated in subsection (b). "(4) CEssAnoN OF OPERATION OF LOW-LEVEL RADIOACTIvE

WASTE DISPOSAL FAcILrIY.-No provision of this section shall be

construed to obligate any State referred to in paragraphs (1) through (3) of subsection (b) to accept low-level radioactive

waste from any source in the event that the regional disposal facility located in such State ceases operations. "(b) LiMITATloNs.-The availability of disposal capacity for lowlevel radioactive waste from any source shall be subject to the

following limitations:

,(I) BARNWELL, SOUTH CAROLUNA.-The State of South Carolina, in accordance with the provisions of its compact, may limit the volume of low-level radioactive waste accepted for disposal at the regional disposal facility located at Barnwell, South

Carolina to a total of 8,400,000 cubic feet of low-level radioactive

waste during the 7-year period beginning January 1, 1986. and

ending December 31, 1992 (as based on an average annual

volume of 1,200,000 cubic feet of low-level radioactive waste). "(2) RicHLAND, WASHINGTON.-The State of Washington, in

accordance with the provisions of its compact. may limit the volume of low-level radioactive waste accepted for disposal at

'he regional disposal facility located at Richland, Washington to

A total of 9,800,000 cubic feet of low-level radioactive waste

during the 7-year period beginning January 1, 1986, and ending December 31, 1992 (as based on an average annual volume of

1,400,000 cubic feet of low-level radioactive waste). "(3) BEATTY, NEVADA.-The State of Nevada, in accordance

with the provisions of its compact, may limit the volume of low. level radioactive waste accepted for disposal at the regional disposal facility located at Beatty, Nevada to a total of 1,400,000

Prohibition.

Prohibition.

42 USC 2021e. 'SEC. 6. LIMITED AVAILABILITY OF CERTAIN REGIONAL DISPOSAL

FACILITIES DURING TRANSITION AND LICENSING PERIODS.

"(a) AVAILABILITY OF DISPOSAL CAPAcrIY.-

"(1) PRESSURIZED-WATER AND BOILING WATER REACTORS.-

During the seven-year period beginning January 1, 1986 and

ending December 31, 1992, subject to the provisions of subsections (b) through (g), each State in which there is located a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) shall make disposal capacity available for

low-level radioactive waste generated by pressurized water and

boiling water commercial nuclear power reactors in accordance

with the allocations established in subsection (c).

"(2) OTHER SOURCES OF LOW-LEVEL RADIOACTIVE WASTE.-

During the seven-year period beginning January 1, 1986 and

ending December 31, 1992, subject to the provisions of subsections (b) through (g), each State in which there is located a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) shall make disposal capacity available for

low-evel radioactive waste generated by any source not referred

to in paragraph (1).

"(3) ALLOCATION OF DISPOSAL CAPACrrY.-

"(A) During the seven-year period beginning January 1, 1986 and ending December 31, 1992, low-level radioactive

waste generated within a sited compact region shall be

accorded priority under this section in the allocation of

available disposal capacity at a regional disposal facility

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99 STAT. 1848 PUBLIC LAW 99-240-JAN. 15, 1986 PUBLIC LAW 99-240-JAN. 15,1986 99 STAT. 1849

cubic feet of low-level radioactive waste during the 7-year period beginning January 1, 1986, and ending December 31, 1992 (as based on an average annual volume of 200,000 cubic feet of low.

level radioactive waste). "(c) CO6imsRcAL NucLzAt Powrt REACrOR AoCA11ONS.-

"(I) AMouNr.-Subject to the'provisions of subsections (a) through (g) each commercial nuclear power reactor shall upon

request receive an allocation of low-level radioactive waste

disposal capacity (in cubic feet) at the facilities referred to in

subsection (b) ddring the 4-year transition period beginning January 1, 1986, and ending December 31, 1989. and during the

3-year licensing period beginning January 1, 1990, and ending December 31, 1992, in an amount calculated by multiplying the

appropriate number from the following table by the number of

months remaining in the applicable period as determined under

paragraph (2).

4-year Tranition Period 3-year Lcenaing Period

"Reactor TO ,', .. In Sited All Other In Sited All Other

Wegion Locations Region Lomtions

P1R -71 934 685

BWR.- 2300 s1951' 2091 1533

"(2) Mrsiov'or cAiztufA-noN.-Foir purposes of calculating the -aggregate amount of disposal capacity available to a commercial nuclear power reactor under this subsection, the

number of months'ghall be' computed beginning with the first

month of the applicable period, or the sixteenth month after

receipt of a full power operating license, whichever occurs later.

#(3) UNUSED ALLOCAIoNs.-Any unused allocation under

paragraph (1) received by a reactor during the transition period or the licensing period may be used at any time aRer such

reactor receives its full power license or after the beginning of

the pertinent period, whichever is later, but not in any event

after December 31, 1992, or after commencement of operation of a regional disposal facility In the compact region or State in

which such reactor is located, whichever occurs first.

"(4) TaANsYERArLmry.-Any commercial nuclear power reac- tor in a State or compact region that is in compliance with the

requirements'of subsection (e) may assign any disposal capacity allocated to it under this subsection to any other person in each

State or compact region. Such assignment may be for valuable

consideration and shall be In writing, copies or which shall be

filed at the affected compact commissions and States, along with

the assignors unconditional written waiver of the disposal capacity being assigned.

'(5) UNUSUAL VOLUMus.-.

"(A) The Secretary may, upon petition by the owner or operator of any commercial nuclear power reactor, allocate

to such reactor disposal capacity in excess of the amount

calculated under paragraph (1) if the Secretary finds and

states In writing his reasons for so finding that making additional capacity available for such reactor through this

paragraph is required to permit unusual or unexpected operating, maintenance, repair or safety activities.

"(B) The Secretary may not make allocations pursuant to Prohibition.

subparagraph (A) that would result in the acceptance for

disposal of more than 800,000 cubic feet or low-level radioactive waste or would result in the total of the allocations

made pursuant to this subsection exceeding 11,900,000 cubic

feet over the entire seven-year interim access period. "(6) LimrArioN.-During the seven-year interim access Prohibition.

period referred to in subsection (a), the disposal facilities

referred to in subsection (b) shall not be required to accept more than 11,900,000 cubic feet of low-level radioactive waste gen- erated by commercial nuclear power reactors.

"(dXI) SURCHARoEs.-The disposal of any low-level radioactive

waste under this section (other than low-level radioactive waste

generated in a sited compact region) may be charged a surcharge by the State in which the applicable regional disposal facility is located, in addition to the fees and surcharges generally applicable for

disposal of low-level radioactive waste in the regional disposal facility involved. Except as provided, in subsection (eX2), such surcharges Prohibition.

shall not exceed-

"(A) in 1986 and 1987, $10 per cubic foot of low-level radioactive waste;

"(B) in 1988 and 1989, $20 per cubic foot of low-level radioactive waste; and

"(C) in 1990, 1991, and 1992. $40 per cubic foot of low-level

radioactive waste. ' "

"(2) MILESTroNE 1NcNE rvEs-

"(A) EscROW AccouNr.-Twenty-five per centum of all surcharge fees received by a State pursuant to paragraph (1) during the seven-year period referred to in subsection (a) shall be

transferred on a monthly basis to an escrow account held by the

Secretary. The Secretary shall deposit all funds received in a special escrow account. The funds so deposited shall not be the

property of the United States. The Secretary shall act as trustee for such funds and shall invest them in interest-bearing United

States Government Securities with the highest available yield. Such funds shall be held by the Secretary until-

"(i) paid or repaid in accordance with subparagraph (B) or

(C); or

;(ii) paid to the State collecting such fees in accordance

with subparagraph (F). "'(B) PAYMEN-S.- . -'"(i) JULY 1, 198s.-The twenty-five per centum of an'

amount collected by a State under paragraph (1) for lowlevel radioactive waste disposed of under this section during the period beginning on the date of enactment of the LowLevel Radioactive Waste Policy Amendments Act of 1985 Ante, p. 1842.

and ending June 30, 1986, and transferred to the Secretary under subparagraph (A), shall be paid by the Secretary -in

accordance with subparagraph (D) if the milestone described in subsection (eXlXA) is met by the State in which

such waste originated. "(ii) JANUARY 1, 1988.-The'twenty-five per centum of

any amount collected by a State under paragraph (1) for

low-level radioactive waste disposed of under this section

during the period beginning July 1, 1986 and ending Decem-
99 STAT. 1850

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PUBLIC LAW 99-240-JAN. 15, 1986

ber 31, 1987, and transferred to the Secretary under

subparagraph (A), shall be paid by the Secretary in accord- ance with subparagraph (D) if the milestone described in

subsection (eXIXB) us met by the State in which such waste

originated (or its compact region, where applicable).

(iii) JANUARY 1, 1990.-The twenty-five per centum of

any amount collected by a State under paragraph (1) for

low-level radioactive waste disposed of under this section

during the period beginning January 1, 1988 and ending December 31, 1989, and transferred to the Secretary under

subparagraph (A), shall be paid by the Secretary in accord- ance with subparagraph (D) if the milestone described in

subsection (eXIXC) is met by the State in which such waste

oniinated (or its compact region, where applicable). ' (iv) The twenty-five per centum of any amount collected

by a State under paragraph (1) for low-level radioactive

waste disposed of under this section during the period beginning January 1, 1990 and ending December 31, 1992, and transferred to the Secretary under subparagrah (A), shall be paid by the Secretary in accordance with subpara- graph (D) if, by January 1, 1993, the State in which such

waste originated (or its compact region, where applicable) is

able to provide for the disposal of all low-level radioactive

waste generated within such State or compact region. "(C) FAILURE TO MEMT JANUARY 1, 1993 DEADLINE.-If, by January 1, 1993, a State (or, where applicable, a compact region) in which low-level radioactive waste is generated is unable to

provide for the disposal of all such waste generated within such

State or compact region-

"(i) each State in which such waste is generated, upon the

request of the generator or owner of the waste, shall take

title to the waste, shall be obligated to take possession of

the waste, and shall be liable or all damages directly or indirectly incurred by such generator or owner as a con- sequence of the failure of the State to take possession of the

waste as soon after January 1, 1993 as the generator or owner notifies the State that the waste is available for

shipment; or "(ii) if such State elects not to take title to, take posses- sion of, and assume liability for such waste, pursuant to

clause (i), twenty-five per centum of any amount collected

by a State under paragraph (1) for low-level radioactive

waste disposed of under this section during the period beginning January 1, 1990 and ending December 31, 1992

shall be repaid, with interest, to each generator from whom

such surcharge was collected. Repayments made pursuant to this clause shall be made on a monthly basis, with the

first such repayment beginning on February 1, 1993, in an amount equal to one thirty-sixth of the total amount re- quired to be repaid pursuant to this clause, and shall

continue until the State (or, where applicable, compact region) in which such low-level radioactive waste is gen- erated is able to provide for the disposal of all such waste

generated within such State or compact region or until

January 1, 1996, whichever is earlier.

If a State in which low-level radioactive waste is generated elects to take title to, take possession of, and assume liability for

PUBLIC LAW 99-240-JAN. 15, 1986 99 STAT. 1851

such waste pursuant to clause (i), such State shall be paid such

amounts as are designated in subparagraph (BXiv). If a State

(or, where applicable, a compact region) in which low-level

radioactive waste is generated provides for the disposal of such

waste at any time after January 1, 1993 and prior to January 1,

1996, such State (or, where applicable, compact region) shall be

paid in accordance with subparagraph (D) a lump sum amount

equal to twenty-five per centum of any amount collected by a State under paragraph (1): Provided, however, That such pay- ment shall be adjusted to reflect the remaining number of

months between January 1, 1993 and January 1, 1996 for which

such State (or, where applicable, compact region) provides for

the disposal of such waste. If a State (or, where applicable, a compact region) in which low-level radioactive waste is gen- erated is unable to provide for the disposal of all such waste

generated within such State or compact region by January' 1,

1996, each State in which such waste is generated, upon the

request of the generator or owner of the waste, shall take title

to the waste, be obligated to take possession of the waste, and

shall be liable for all damages directly or indirectly incurred by such generator or owner as a consequence of the failure of the

State to take possession of the waste as soon after January 1,

1996, as the generator or owner notifies the State that the waste

is available for shipment.

"(D) RECIPIENTS OF PAYMENTS.-The payments described in

subparagraphs (B) and (C) shall be paid within thirty days after

the applicable date-

"Ci) if the State in which such waste originated is not a member of a compact region, to such State;

"(ii) if the State in which such waste originated is a member of the compact region, to the compact commission

serving such State.

"(E) USES OF PAYMENTS.-

"(;) LIMITATIoNs.-Any amount paid under subpara- graphs (B) or (C) may only be used to-

"MI) establish low-level radioactive waste disposal facilities;

"(11) mitigate the impact of low-level radioactive

waste disposal facilities on the host State;

"(111) regulate low-level radioactive waste disposal facilities; or "(IV) ensure the decommissioning, closure, and care during the period of institutional control of low-level

radioactive waste disposal facilities.

'(i;) REPORTS.-

"(I) REciPIENT.-Any State or compact commission

receiving a payment under subparagraphs (B) or (C) shall, on December 31 of each year in which any such

funds are expended, submit a report to the Department of Energy itemizing any such expenditures. "(11) DEPARTMENT OF ENERGY.-Nol later than six Report.. months after receiving the reports under subclause (1), the Secretary shall submit to the Congress a summary of all such reports that shall include an assessment of

the compliance of each such State or compact commission with the requirements of clause (i).

. - -. - .. ... . . .... __ . . . ... _. - -
99 STAT. 1852 PUBLIC LAW 99-240-JAN. 15, 1986

"(F) PAYMENT TO SrATES.-Any amount collected by a State

under paragraph (1) that is placed in escrow under subpara.

graph (A) and not paid to a State or compact commission under

subparagraphs (B) and (C) or not repaid to a generator under

subparagraph (C) shall' be paid from such escrow account to

such State collecting such payment under paragraph (1). Such

payment shall be made not later than 30 days afr a deter.

mination of ineligibility for a refund is made.

Prohibition. "(G) PENALTY SURCHARcES.-No rebate shall be made under

this subsection of any surcharge or penalty surcharge paid during a period of noncompliance with subsection (eXI). "(a) RQUIREMENrTS FOR AccrEss TO REGIONAL DISPOSAL FACIHi.

TIEs.-

"(1) REQUIREMENTS FOR NON-STD COMPACr REGIONS AND NON.

MEMBER STATEs.-Each non-sited compact region, or State that

is not a member of a compact region that does not have an operating disposal facility, shall comply with the following requirements:

"(A) By July 1, 1986, each such non-member State shall

ratify compact legislation or, by the enactment of legisla- tion or the certification of the Governor,' indicate its intent

to develop a site for the location of a low-level radioactive

waste disposal facility within such State.

"(B) By JANUARY 1, 1988.-

"(i) each non-sited compact region shall Identify the

State in which its low-level radioactive waste disposal facility Li to be located, or shall have selected the

> developer for such facility and the site to be developed,

Is and each compact region or the State in which its low- level radioactive waste disposal facility is to be located

shall develop a siting plan for such facility providing detailed procedures and a schedule for establishing a facility location and preparing a facility license applica- tion and shall delegate authority to implement such

plan;

"(ii) each' non-member State shall develop a siting plan providing detailed procedures and a schedule for

establishing a facility location and preparing a facility license application for a low-level radioactive waste

disposal facility and shall delegate authority'to implement such plan; and

"(iii) The siting plan required pursuant to this para- graph shall include a description of the' optimum way

to attain operation .of the low-level radioactive waste

disposal facility involved, within the time period speci- fied in this Act. Such plan shall include a description of

the objectives and a sequence of deadlines for all entities required to take action to implement such plan, including, to the extent practicable, an identification of

the activities in which a delay in the start, or comple- tion, of such activities will cause a delay in beginning facility operation. Such plan shall also identify, to the

extent practicable, the process for (I) screening for

broad siting areas; (2) identifying and evaluating spe- cific candidate sites; and (3) characterizing the pre- ferred site(s), completing all necessary environmental

assessments, and preparing a license application for

PUBLIC LAW 99-240-JAN. 15, 1986 99 STAT. 1853

submission to the Nuclear Regulatory Commission or an Agreement State.

(Cl By JANUARY 1, 1990.-

"(i) a complete application (as determined by the

Nuclear Regulatory Commission or the appropriate

agency of an agreement State) shall be filed for a license to operate a low-level radioactive waste disposal facility within each non-sited compact region or within

each non-member State; or "(ii) the Governor (or, for any State without a Governor, the chief executive officer) of any State that is

not a member of a compact region in compliance with

clause Ci), or has not complied with such clause by its own actions, shall provide a written certification to the

Nuclear Regulatory Commission, that such State will

be capable of providing for, and will provide for. the

storage, disposal, or management of any low-level

radioactive waste generated within such State and

requiring disposal after December 31, 1992, and include

a description of the actions that will be taken to ensure that such capacity exists.

"(D) By January 1, 1992, a complete application (as determined by the Nuclear Regulatory Commission or the appro- priate agency of an agreement State) shall be filed for a license to operate a low-level radioactive waste disposal facility within each non-sited compact region or within each

non-member State.

"(E) The Nuclear Regulatory Commission shall transmit Federal Register,

any certification- received under subparagraph (C) to the publication..

Congress and publish any such certification in the Federal

Register.

"(F) Any State may, subject to all applicable provisions,' if Contracts.

any, of any applicable compact, enter into an agreement- with the compact commission of a region in which a re- gional disposal facility is located to provide for Jhhe disposal of all low-level radioactive waste generated Within such

State, and, by virtue of such agreement, may, with the

approval of the State in which the regional disposal facility is located, be deemed to be in compliance with subpara- graphs (A), (B), (C), and (D).

"(2) PENALTIES FOR FAILURE TO COMPLY.-

"(A) By JULY 1, 1986.-If any State fails to comply with; subparagraph (IXA)-

"(i) any generator of low-level radioactive wasteA

within such region or non-member State shall, for the._

period beginning July 1, 1986, and ending December 31, 1986, be charged 2 times the surcharge otherwise

applicable under subsection (d); and

(ii) on or after January 1, 1987, any low-level radioactive waste generated within such region or non; member State. may be denied access to the regional' disposal facilities referred to in paragraphs (I) through (3) of subsection (b). "(B) BY JANUARY 1, 1988.-If any non-sited compact region or non-member State rails to comply with paragraph (lIXB)-
Z

CZ

PO

II

0

1

N.)

Z.-

141

99 STAT. 1854 PUBLIC LAW 99-240-JAN. 15, 1986 PUBLIC LAW 99-240-JAN. 15,1986 99 STAT. 1855

"(i) any generator of low-level radioactive waste

within such region or non-member State shall-

(I) for the period beginning January 1, 1988,

and ending June 30. 1988, be charged 2 times the

surcharge otherwise applicable under subsection

(d); and

"(1I) for the period beginning July 1, 1988, and

ending December 31, 1988, be charged 4 times the

surcharge otherwise applicable under subsection

(d); and

"ii) on or after January 1, 1989, any low-level radioactive waste generated within such region or non- member State may be denied access to the regional disposal facilities referred to in paragraphs (1) through (3) of subsection (b).

"(C) By JANUARY 1, 1990.-If any non-sited compact region or non-member State fails to comply with paragraph (1XC), any low-level radioactive waste generated within

such region or non-member State may be denied access to

the regional disposal facilities referred to in paragraphs (1) through (3) of subsection (b).

"(D) BY JANUARY 1, 1992.-If any non-sited compact region or non-member State fails to comply with paragraph (1XD), any generator of low-level radioactive waste within

such region or non-member State shall, for the period beginning January 1, 1992 and ending upon the filing of the

application described in paragraph (1XD), be charged 3

times the surcharge otherwise applicable under subsection

(d). "(3) DENIAL OF AVCEDs.-No denial or suspension of access to a regional disposal facility under paragraph (2) may be based on the source, class, or type of low-level radioactive waste.

"(4) RESroRAnoN OF SUSPENDED ACCESS; PENALTIES FOR FAILURE TO COMPLY.-Any access to a regional disposal facility that

is suspended under paragraph (2) shall be restored after the

non-sited compact region or non-member State involved com- plies with such requirement Any payment of surcharge pen- alties pursuant to paragraph (2) for failure to comply with the

requirements of subsection (e) shall be terminated after the non- sited compact region or non-member State involved complies with such requirements.

'(XI) ADMINisTRApoN.-Each State and compact commission in

which a regional disposal facility referred to in paragraphs (1)

through (3) of subsection (b) is located shall have authority-

"(A) to monitor compliance with the limitations, allocations, and requirements established in this section; and

"(B) to deny access to any non-Federal low-level radioactive

waste disposal facilities within its borders to any low-level

radioactive waste that-

(i) is in excess of the limitations or allocations established in this section; or `(ii) is not required to be accepted due to the failure of a compact region or State to comply with the requirements of

subsection (eX l1.

"(2) AVAILABILITY OF INFORMATION DURING INTERiM ACcEss

PERIOD.-

"(A) The States of South Carolina, Washington, and Nevada

may require information from disposal facility operators,

generators, intermediate handlers, and the Department of

Energy that is reasonably necessary to monitor the availability of disposal capacity, the use and assignment of allocations and

the applicability of surcharges.

"(B) The States of South Carolina, Washington, and Nevada

may, after written notice followed by a period of at least 30

days, deny access to disposal capacity to any generator or intermediate handler who fails to provide information under

subparagraph (A).

"(C) PROPRIETARY INFORMATION.-

"(i) Trade secrets, proprietary and other confidential

information shall be made available to a State under this

subsection upon request only if such State-

"(I) consents in writing to restrict the dissemination

of the information to those who are directly involved in

monitoring under subparagraph (A) and who have a need to know-

,(II) accepts liability for wrongful disclosure; and

(111) demonstrates that such information is essential

to such monitoring. "(ii) The United States shall not be liable for the wrongful disclosure by any individual or State of any information

provided to such individual or State under this subsection.

'(ii) Whenever any individual or State has obtained

possession of information under this subsection, the individual shall be subject to the same provisions of law with

respect to the disclosure of such information as would apply to an officer or employee of the United States or of any department or agency thereof and the State shall be subject

to the same provisions of law with respect to the disclosure

of such information as would apply to the United States or any department or agency thereof. No State or State officer or employee who receives trade secrets, proprietary information, or other confidential information under this

Act may be required to disclose such information under

State law.

"(g) NoNDISCRIMINATION.-Except as provided in subsections (b) through (e), low-level radioactive waste disposed of under this sec- tion shall be subject without discrimination to all applicable legal requirements of the compact region and State in which the disposal facility is located as if such low-level radioactive waste were gen- erated within such compact region.

'SEC 6. EMERGENCY ACCESS.

`(a) IN GENERAL-The Nuclear Regulatory Commission may grant emergency access to any regional disposal facility or non- Federal disposal facility within a State that is not a member of a compact for specific low-level radioactive waste, if necessary to

eliminate an immediate and serious threat to the public health and

safety or the common defense and security. The procedure for

granting emergency access shall be as provided in this section.

(b) REQUEST FOR EMERGENCY AccEss.-Any generator of low-level

radioactive waste, or any Governor (or, for any State without a Governor, the chief executive officer of the State) on behalf of any generator or generators located in his or her State, may request that

South Carolina.

Washington.

Nevada.

South Carolina.

Washington.

Nevada.

Prohibition.

Government

organization and

employees.

Commerce and

trade.

42 USC 2021f.

ilrnith.

Snrely.

Derf*n.er and

nation;,l

security.

Prohibition.

Termination.

- ~---i
99 STAT. 185G PUBLIC LAW 99-240-JAN. 15, 1986 z

0

1~

PUBLIC LAW 99-240-JAN. 15, 1986 99 STAT. 1857

Health.

saety.

Derense and

national

security.

Ant,. p. 1846.

the Nuclear Regulatory Commission grant emergency access to a regional disposal facility or a non-Federal disposal facility within a State that is not a member of a compact for specific low-level

radioactive' waste. Any such request shall contain any information

and certifications the Nuclear Regulatory Commission may require. "(C) DT aRMINATION or NUCLEAR REGULATORY COMMISSION.-

"(I) REQUIRED DE RMINATIoN.-Not later than 45 days after

I iecelving a* request under subsection (b), the Nuclear Regulatory Commission shall deterinne whether-

"A) emergency. access is necessary because of an immediate and serious threat to the public health and safety or the common defense and security; and

"(B) the threat cannot be mitigated by any alternative

consistent with the public health and safety, including

storage of low-level radioactive waste at the site of genera- tion or in a storage facility obtaining access to a disposal facility by voluntary agreement, purchasing disposal capacity 'available for assignment pursuant to section 5(c) or ceasing activities that generate low-level radioactive waste.

"(2) REQUiRED NonricAioN.-If the Nuclear Regulatory Commission makes the determinations required in paragraph (1) in the affirmative, It shall: designate an appropriate non- Federal'disposal facility of facilities, and notify the Governor

(or chief executive officer) of the State in which such facility is

located and the Appropriate compact commission that emer- gency access is required. Such notification shall specifically

describe the low-level radioactive waste as to source, physical

and radiological characteristics, and the mininium volume and

duration,' not exceeding 180 days, necessary to alleviate the

immediate threat to public health and safety'or'the common defense and security. The Nuclear Regulatory Commission shall

also notify the Governor (or chief executive officer) of the State

In which the low-level radioactive waste requiring emergency access was generated that emergency access has been granted

and that, pursuant to subsection (e), no extension of emergency access may be granted absent diligent State action during the . xriod ofthe initial grant. (d) TEMPORARY EMERGENCY -AccEss.-Upon determining that

emergency access is necessary because of an immediate and serious

threat to the public health and safety or the common defense and

security, the Nuclear Regulatory Commission may at its discretion

grant temporary emergency access, pending its determination

whether the threat could be mitigated by any alternative consistent

with the public health and safety. In granting access under this

subsection, the Nuclear, Regulatory Commission shall provide the same notification and information 'required under subsection (c).

Absent-a determination that no alternative consistent with the

public health and safety would mitigate the threat, access granted

under this'subsection, shall expire 45 days after the'granting of

temporary emergency access under this subsection.

"(e) EXTENSION or EMERGENCY AccEss.-The Nuclear Regulatory

Commission may grant one extension of' emergency access beyond the period provided In subsection (c), if it determines that emergency access continues to be necessary because of an immediate and

serious threat to the public health and safety or the common defense

and security that cannot be mitigated by any alternative consistent

with the public health and safety, and that the generator of lowlevel radioactive waste granted emergency access and the State in

which such low-level radioactive waste was generated have diligently though unsuccessfully acted during the period of the initial

grant to eliminate the need for emergency access. Any extension

granted under this subsection shall be for the minimum volume and

duration the Nuclear Regulatory Commission finds necessary to

eliminate the immediate threat to public health and safety or the

common defense and security, and shall not in any event exceed 180

days"(I) RIciPRocCAL AccEss.-Any compact region or State not a member or a compact that provides emergency access to non-Federal

disposal facilities within its borders shall be entitled to reciprocal

access to any subsequently operating non-Federal disposal facility that serves the State or compact region in which low-level radioactive waste granted emergency access was generated.-The compact commission or State having authority to approve importation of lowlevel' radioactive waste to the disposal facility to which emergency

access was granted shall designate for reciprocal access an equal volume of low-level radioactive waste having similar characteristics

to that provided emergency access.

"(g) APPROVAL DY COMPACT COMMISSION.-Any grant of access under this section shall be submitted to the compact commission for

the region in which the designated disposal facility is located for

such approval as may be required under the terms of its compact. Any such compact commission shall act to approve emergency

access not later than 15 days after receiving notification from the

Nuclear Regulatory Commission, or reciprocal access not later than

15 days after receiving notification from the appropriate authority under subsection (n. I . :

"(h) LiMiTATIoNs.-No State shall be required to provide emer- Prohibitions.

gency or reciprocal access to any regional disposal facility within its

borders for low-level radioactive waste not meeting criteria established by the license or license agreement of such facility, or in

excess of the approved capacity of such facility, or to delay the

closing of any such facility pursuant to plans established before

receiving a request for emergency or reciprocal access. No State

shall, during any 12-month period, be required to provide emergency

or reciprocal access to any regional disposal facility within its

borders for more than 20 percent of the total volume of low-level

radioactive waste accepted for disposal at such facility during the

previous calendar year.

"(i) VOLUME REDUCTION AND SURcHARGEs.-Any low-level radioactive waste delivered for disposal under this section shall be reduced in volume to the maximum extent practicable and shall be

subject to surcharges established in this Act.

'"C) DEDUCTION FROM ALLOCATION.-Any volume or low-level

radioactive waste granted emergency or reciprocal access under this

section, if generated by any commercial nuclear power reactor, shall

be deducted from the low-level radioactive waste volume allocable

under section 5(c). Ante, p. 1846.

"Ck) AGREEMENT STATES.-Any agreement under section 274 of the Prohibition.

Atomic Energy Act of 1954 (42 U.S.C. 2021) shall not be applicable to

the determinations of the Nuclear Regulatory Commission under

this section.

:> Prohibition.

Health.

Satety.

Derense and

national

security.

Health.

Snl'ety.

Defense and

national

security.
C)

I'

4at.0

99 STAT. 1858 PUBLIC LAW 99-240-JAN. 15, 1986 PUBLIC LAW 99-240-JAN. 15, 1986 II

42 USC 2021g. 'SEC 7. RESPONSIBILITIES OF TH E DEPARTMENT OF ENERGY.

"(a) FINANCIAL AND TECHNICAL AsstSTANCE.-The Secretary shall,

to the extent provided in appropriations Act, provide to those comP8ct regions, host States, and nonmember States detemined by the

Secretary to require assistance for purposes of carrying out this

ActScience and "(1) continuing technical assistance to assist them in fulfilling

technology, their responsibilities under this Act. Such technical assistance

TranHeAptatn. shall include, but not be limited to, technical guidelines for site

Safet.. selection, alternative technologies for low-level radioactive

waste disposal, volume reduction options, management techniques to reduce low-level waste generation, transportation

practices for shipment of low-level wastes, health and safety

considerations in the storage, shipment and disposal of low-level

radioactive wastes, and establishment of a computerized data.

base to monitor the management of low-level radioactive

wastes; and

"(2) through the end of fiscal year 1993, financial assistance to

assist them in fulfilling their responsibilities under this Act.

Science and "(b) REIoRTs.-The Secretary shall prepare and submit to the

technology. Congress on an annual basis a report which (1) summarizes the

Transportation. progress of low-level waste disposal siting and licensing activities

within each compacptxegion, (2) reviews the available volume reduction technologies, their applications, effectiveness, and costs on a per

unit volume basis, (3) reviews interim storage facility requirements,

costs, and usage, (4) summarizes transportation requirements for

such wastes on an inter- and intra-regional basis, (5) summarizes the

data on the total amount of low-level waste shipped for disposal on a yearly basis, the proportion of such wastes subjected to volume

reduction, the average volume reduction attained, and the proportion of wastes stored on an interim basis, and (6) projects the interim

storage and final disposal volume requirements anticipated for the

following year, on a regional basis.

42 USC 2021h. 'SEC 8. ALTERNATIVE DISPOSAL METHODS.

"(a) Not later than 12 months after the date of enactment of the

Ante. p. 1842. Low-Level Radioactive Waste Policy Amendments Act of 1985, the

Nuclear Regulatory Commission shall, in consultation with the

States and other interested persons, identify methods for the disposal of low-level radioactive waste other than shallow land burial,

and establish and publish technical guidance regarding licensing of

facilities that use such methods.

"(b) Not later than 24 months after the date of enactment of the

Low-Level Radioactive Waste Policy Amendments Act of 1985, the

Commission shall, in consultation with the States and other interested persons, identify and publish all relevant technical

information regarding the methods identified pursuant to subsection (a) that a State or compact must provide to the Commission in

order to pursue such methods, together with the technical requirements that such facilities must meet, in the judgment of the

Commission, if pursued as an alternative to shallow land burial.

Such technical information and requirements shall include, but

need not be limited to, site suitability, site design, facility operation,

disposal site closure, and environmental monitoring, as necessary to

meet the performance objectives established by the Commission for a licensed low-level radioactive waste disposal facility. The Commission shall specify and publish such requirements in a manner and

form deemed appropriate by the Commission.

"SEC. 9. I.CENSING REVIEW AND APPROVAL

)9 STAT. 1859

42 USC 2021i.

"In order to ensure the timely development of new low-level

radioactive waste disposal facilities, the Nuclear Regulatory Commission or, as appropriate, agreement States, shall consider an application for a disposal facility license in accordance with the laws

applicable to such application, except that the Commission and the

agreement state shall-

,(I) not later than 12 months after the date of enactment of

the Low-Level Radioactive Waste Policy Amendments Act of

1985, establish procedures and develop the technical capability AnIe. p. 1842.

for processing applications for such licenses;

"(2) to the extent practicable, complete all activities associated with the review and processing of any application for such a license (except for public hearings) no later than 15 months

after the date of receipt of such application; and

"(3) to the extent practicable, consolidate all required technical and environmental reviews and public hearings.

"SEC 10. RADIOACTIVE WASTE BELOW REGULATORY CONCERN.

"(a) Not later than 6 months after the date of enactment of the

Low-Level Radioactive Waste Policy Amendments Act of 1985, the

Commission shall establish standards and procedures, pursuant to

existing authority, and develop the technical capability for considering and acting upon petitions to exempt specific radioactive waste

streams from regulation by the Commission due to the presence of

radionuclides in such waste streams in sufficiently low concentrations or quantities as to be below regulatory concern. "(b) The standards and procedures established by the Commission

pursuant to subsection (a) shall set forth all information required to

be submitted to the Commission by licensees in support of such

petitions, including, but not limited to-

"(1) a detailed description of the waste materials, including their origin, chemical composition, physical state, volume, and

mass; and

"(2) the concentration or contamination levels, half-lives, and Health.

identities of the radionuclides present. Saret.

Such standards and procedures shall provide that, upon receipt of a Regu Lation.

petition to exempt a specific radioactive waste stream from regula- tion by the Commission, the Commission shall determine in an expeditious manner whether the concentration or quantity of

radionuclides present in such waste stream requires regulation by the Commission in order to protect the public health and safety. Where the Commission determines that regulation of a radioactive

waste stream is not necessary to protect the public health and

safety, the Commission shall take such steps as may be necessary, in an expeditious manner, to exempt the disposal of such radioactive

waste from regulation by the Commission. ".

TITLE 11-OMNIBUS LOW-LEVEL RADIOACTIVE WASTE

INTERSTATE COMPACT CONSENT ACT

SEC. 201I.SIIORTTITI.E.

This Title may be cited as the "Omnibus Low-Level Radioactive

Waste Interstate Compact Consent Act".

Omnibus Low. Level

Radioactive

Waste

Interstate

Compact

Consent Act.

42 USC 2021d Foote.
APPENDIX B

SUMMARY OF PUBLIC COMMENTS ON DRAFT TECHNICAL POSITION STATEMENT

(FEDERAL REGISTER, Vol. 51, No. 44, March 6, 1986,

pp. 7806-7811)

. .

NUREG-1241
C=

;m

Draft technical Questions Waste Policy

Commenter position 1-4 classification questions

1 State of Illinois,

Department of Nuclear

Safety

Requested extension to respond; however, no response was provided

2 State of Pennsylvania,

Bureau of Radiation

Protection

No specific

comments (too

early for State

of Pennsylvania)

No comment No comment None

3 State of Texas,

Radioactive Waste

Disposal Authority

Supports/

Agrees

1. Agrees

2. No specific

additional

guidance

defined

3. Supports

4. Supports

No comment NRC role with

Agreement States

(RES: State

programs defined

role at June 1984

workshop)

co

4&5 State of Iowa,

Interagency Coordinating

Council and Iowa State

Commerce Commission

6 Edison Electric

Institute

Supports

Supports

1. Agrees

2. No additional

requirements

3. Agrees

4. Agrees

1. Agrees

2. No additional

requirements

3. Agrees

4. Agrees

No comment

Current

classification

is adequate

None

None

7 RLD Consulting Agrees 1. Agrees Agrees

2. Clarify NRC/

contractor

position (RES:

Final Position

Statement and

future guidance)

3. Agrees

4. Agrees

None
z

:O -

I4 -

-Al

Draft technical Questions Waste Policy

Commenter position 1-4 classification questions I

8 Nuclear Waste

Technologies

9 Associated Technologies

Incorporated

10 State of Nebraska

11 Southern CA'Edison

12 Chem-Nucl ear Systems

Mined cavities

should be

addressed (RES:

Mined Cavities

Report issued

October 1986)

No comment

Mined cavities

should be

included (RES:

Mined Cavities

.Report issued

October 1986).-

Supports/Agrees

Supports

shallow land

burial (SLB)

No comment

No comment

No comment

No comment

No comment

No comment

Supports current

classification

No comment

None

None

None

None

None

*1.

2.

3.

4.

Agrees

Agrees

Agrees

Agrees

1. Agrees

* 2. Suggests

value/impact

analysis to

better support

SLB (RES: All

alternatives

are licensable)

3. Agrees

'4. Agrees a . . ......I.. .

13. State of Washington Supports 1. Agrees

2. Agrees

3. Agrees

4. Agrees

No comment None
-

[rim

NRC FORM 335 U.S. NUCLEAR REGULATORY COMMISSION I REPORT NUMBER A(A s.,?d bv TlDC, dd Vol. Ale.. dJ)i

t2-84I

3201.3202 BIBLIOGRAPHIC DATA SHEET . NUREG- 1241

SEE INSTRUCTIONS ON THE REVERSE.

2. TITLE AND SUBTITLE 3 LEAVE BLANK

Licensing of Alternative Methods of Disposal for

Low-Level Radioactive Waste

Branch Technical Position 4. DATE REPORT COMPLETED

Low-Level Waste Licensing Branch MONTH YEAR

S. AUTHORISI December 1986

Leo B. Higginbotham, Kitty S. Dragonette 6. DATE REPORT ISSUED

Clayton L. Pittiglio, Jr. D MbNTH 1YEAR

7. PERFORMING ORGANIZATION NAME AND MAILING ADDRESS (,.cldeZO Code; B. PROJECTITASK/WORK UNIT NUMBER

Division of Waste Management 9, PIN OR GRANT NUMBER Office of Nuclear Material Safety and Safeguards

U.S. Nuclear Regulatory Commission

Washington, DC 20555

10. SPONSORING ORGANIZATION NAME AND MAILING ADDRESS teclvde Z, Code) IIt. TYPE OF REPORT

Same as 7, above. b. PERIOD COVERED 11Aclusee data)

12. SUPPLEMENTARY NOTES

Technical Position

13. ABSTRACT 1200 woeds ort lesl

This branch technical position statement identifies and describes specific methods of

disposal currently being considered as alternatives to shallow land burial, provides

general guidance on these methods of disposal and procedures which will improve and

simplify the licensing process. The statement provides answers to certain questions that

have arisen regarding the applicability of 10 CFR Part 61 to near-surface disposal of

waste, using methods that incorporate shallow land burial disposal practices. This

position also identifies a recently published NRC contractor report that addresses the

applicability of 10 CFR Part 61 to a range of generic disposal concepts and which provides

technical guidance that the staff intends to use for these concepts. This position

statement combined with the above mentioned NRC contractor report fulfills the requirements of Section 8(a) of P.L. 99-240, of the Low-Level Radioactive Waste Policy Amendments Act (LLRWPAA) of 1985.

I IS. AVAILABILITY 14. DOCUMENT ANALYSIS - a. KEYWORDS/OESCRIPTORS

shallow land burial

Low-Level Radioactive Waste Policy Amendments Act of 1985

b. IDENTIFIERSIOPEN ENDED TERMS

15. AVAILASI LIT Y

STATEMENT

Unlimited

I6. SECURITY CLASSIFICATION

(Tris peg)

Unclassified

trehe 'Von)

Unclassified

17. NUMREft OF PAGES

18. PRICE