Issue Date: 11/27/01 - 1 - 2401

NRC INSPECTION MANUAL NMSS/DWM |

MANUAL CHAPTER 2401

NEAR-SURFACE LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

FACILITY INSPECTION PROGRAM

NOTE: This document was last reviewed on 10/05/01 (last revision was 02/28/97). Since |

NRC is not currently engaged in the activities addressed in this document, no revision is |

deemed necessary at this time. The document will be maintained in its original form until |

NRC program changes warrant an update of the document coincident with NRC |

requirements and policy for NRC use. |

|

2401-01 PURPOSE

This chapter establishes the radiological safety inspection program for near-surface

low-level radioactive waste (LLW) disposal facilities licensed and regulated under 10 CFR

Part 61. Included in the program are inspection procedures (IPs) related to all phases of

LLW facility activity: construction, pre-operations, operations, closure, and post-closure.

IPs presented cover both those facilities licensed and regulated in their entirety by NRC

and those facilities that are licensed and regulated by NRC for special nuclear material

(SNM) only, and which are otherwise regulated by the Agreement State pursuant to

Subsection 274b of the Atomic Energy Act of 1954, as amended. The primary purpose of

the inspection program is to determine that LLW facilities are managed throughout their

entire life cycle in a manner that provides protection from radioactivity to employees,

members of the public, and the environment.

2401-02 OBJECTIVES

02.01 To establish general policy and priorities for the inspection of LLW disposal facilities.

02.02 To establish a uniform process for the inspection of LLW disposal facilities.

02.03 To define specific requirements for inspection of LLW disposal facility licensees.

2401-03 PROGRAM APPLICABILITY

This program has been developed to respond to existing and developing needs for: (1) IPS

for NRC-licensed SNM disposal operations at facilities regulated in all other aspects by

Agreement States; and (2) procedures related to construction, pre-operation, operations,

closure, and post-closure for sites licensed by NRC in non-Agreement States. Where LLW

disposal sites are operating under Agreement State regulation, except for SNM disposal,

it is expected that responsibility for regulation and inspection of closure and post-closure

activities at those sites will continue to reside with the Agreement States. The only
2401 - 2 - Issue Date: 11/27/01

procedure applicable to those cases where NRC only regulates SNM disposal (such as the

Hanford and Barnwell LLW facilities) is IP 84100.

It is noted that existing IPs from other NRC programs can be applied, in full or in part, to

many aspects of LLW facility inspections, and that additional LLW IPs specific to disposal

technology and phase of on-site activity can be developed and employed incrementally,

as needed. 

Table 1 provides a listing of procedures that are either currently available or in preparation,

and includes comments concerning their applicability. Minimum and normal frequencies

of inspection are listed; adoption of the minimum frequency of inspection should be tailored

to both the level of disposal activity and to the performance of the licensee.

2401-04 PROGRAM DESCRIPTION

04.01 General. The LLW disposal facility inspection program has been divided into five

parts. The parts are designed to respond to the various inspection needs during the

different phases of disposal facility life: construction, pre-operations, operations, closure,

and post-closure. Each phase of the inspection program varies with respect to applicable

IPs, inspection frequency, and degree to which a given procedure may be applied. The

inspection programs for each phase are discussed in narrative form in Section 2401-07.

Table 1 presents information for the operations and closure phases. Information related

to the construction, pre-operations, and post-closure phases will be developed later.

04.02 Adjustments. The program provides regional offices the flexibility to adjust the

frequencies of inspections within the various program areas based on an evaluation of the

inspection findings and enforcement experience with a particular licensee. Alternate

frequencies of inspection for various procedures are specified in Table 1.Under certain

conditions, the inspection frequency may be further extended as outlined below. The higher

frequency of inspection specified for the procedure shall be the normal inspection frequency

for the program. There is no maximum frequency expressed in Table 1. It is expected that

any level of effort (i.e., frequency of inspection) above that specified as the normal

frequency would be established at a level commensurate with whatever is needed to resolve

identified problems and their importance to safety.

04.03 Decrease of Inspection Frequency

The inspection frequency shall be decreased (lengthen the interval between inspections)

beyond that specified in Table 1 on the basis of good licensee performance. The main

consideration in decreasing the inspection frequency should be evidence of well-managed

and effective radiation and criticality safety programs that show a history of compliance.

Specifically, the inspection frequency shall be decreased, for licensees meeting the

following conditions:

1. the violations identified during the licensee's current and preceding inspections met

the criteria for documentation on an NRC Form 591 and no more than two violations

per inspection are Severity Level IV or more severe; and 

2. the licensee has not had a significant program change since the preceding

inspection. Significant program changes should relate to changes in the scope or

type of operations, changes in the authorized materials or possession limits,

changes in key personnel, or changes in locations of use. (NOTE: Extension

should not be considered for licensees that have undergone significant program

changes, to ensure that the licensees can maintain adequate performance over

the next inspection period.)
Issue Date: 11/27/01 - 3 - 2401

Licensees that meet the above criteria could have their minimum inspection frequency

shown in Table 1 doubled (i.e. inspections would be performed every 2 years instead of

annually).

The designated inspection priority for these licensees should not be changed in the

licensing tracking system (LTS). However, the inspector is responsible for initiating the

change in the "next inspection date" field in the LTS, which will contain the extended date

for the next inspection. To identify the extended inspection date in the LTS, the letter "E"

shall be entered under "Special Inspection Codes" on the "Inspection and Enforcement

Screen" of the LTS.

To document the decrease in inspection frequency, a brief note (e.g., in the field notes)

should be written by the inspector, approved and signed by the inspector's immediate

supervisor, and placed in the licensing file.

The decision to decrease the inspection frequency should be made immediately after each

routine inspection.

04.04 Inspection Interface with Agreement States. LLW facilities may be fully regulated

by NRC, or regulated by NRC for disposal of SNM only, such that all other site activities

are otherwise regulated by the Agreement State. Where Agreement State regulatory

authorities are responsible for inspection of licensed activities related to disposal of source

and byproduct material, the NRC program for inspection of SNM disposal operations may

be condensed. The Agreement States then bear the major burden related to the inspection

of such LLW facilities; NRC will then normally inspect only matters addressed by the NRC

license for SNM disposal, whereas the Agreement State regulatory agency will undertake

inspection for items governed by the State license. It is desirable that Agreement State and

NRC inspectors coordinate inspection activities and, if possible, schedule inspections

concurrently to maximize efficient use of inspector resources and to foster a mutual

understanding of each other's inspection program. Where there is concern for the safety

of employees, members of the public, or the environment, the scope of the SNM inspection

by NRC can be increased to incorporate additional aspects of facility operations, in

accordance with NRC regulations and the operating license of the facility.

2401-05 REVIEW OF EVENTS

All inspections should include, as appropriate, a review of licensee reportable and

non-reportable events that involve contamination, releases, equipment malfunctions, or

other similar events that have generic significance. The review should cover corrective

actions taken by the licensee and follow-up actions taken to prevent recurrence.

Non-reportable events should continue to be examined during inspections, to determine

appropriate corrective actions or follow-up: these events may involve safety issues that

should be followed up by the Occupational Safety and Health Administration (OSHA), and

existing or potential operational difficulties not otherwise reportable, such as bio-intrusion

in disposal units, erosion or sloughing of trench walls, or uncontrolled wind erosion.

Additional guidance on non-reportable events is contained in individual IPs.

2401-06 REGIONAL RESPONSIBILITY FOR LICENSEES

The responsibility for inspection resides with the regional office in which the licensee

operation is located. For efficiency in resource use, the regional office may request another

regional office or Headquarters to assist in the conduct of inspections when specialized

technical expertise is needed and is not available within the responsible region. In some

cases, a region may wish to transfer all or part of the inspection responsibility to another
2401 - 4 - Issue Date: 11/27/01

region or to Headquarters. These arrangements may be made with mutual agreement

between the offices involved. If a permanent transfer of total inspection responsibility is

involved, the affected regional offices should ensure that the appropriate changes are made

to the computerized license data file by informing the Office of Nuclear Material Safety and

Safeguards (NMSS) of the change in inspection responsibility for the license and requesting

a change in the file. The regional office assuming inspection responsibility will be credited

with the caseload in budgeting and allocating resources.

2401-07 INSPECTION DURING VARIOUS PHASES OF FACILITY LIFE

07.01 Part 1 - Inspection During the Construction Phase

This section is reserved for future use.

07.02 Part II - Inspection During the Pre-Operations Phase

This section is reserved for future use.

07.03 Part III - Inspection During the Operations Phase

a. Purpose

The purpose of this instruction is to provide guidance for planning and conducting

inspections during the operations phase of facility life. Activities encompassed

during the operations phase include receipt and inspection of incoming waste,

retention of the LLW in secure temporary storage as needed, emplacement of the

LLW for disposal, the placement of cover, and satisfaction of record keeping

requirements in accordance with applicable management controls and quality

assurance procedures.

b. Implementation

This inspection program begins upon issuance of the facility license and continues

until the facility ceases active receipt and disposal of waste. Guidance and

requirements for the closure phase are found in Part IV of this section.

Situations may arise in which inspection requirements specified in other parts of

this section may apply concurrently with those specified here for the operations

phase. For example, certain requirements contained under Parts I and II may apply

in the construction, pre-operational checks, and startup of a major modification to

the facility, in accordance with 10 CFR 61.25.

The LLW disposal-facility operations inspection program is defined by selection

from among the list of procedures in Table 1. The areas covered during an

inspection need not be limited only to those elements discussed in the procedures,

but may need to include examination of other activities not expressly delineated

or covered in existing procedures. In such cases, the inspector must exercise good

professional judgment in modifying the inspection and in identifying to the program

office the possible need for development of supplemental guidance. Conformance

with the principles of ALARA should be a principal concern at all times. When a

licensee is being inspected solely for conformance with an NRC license for disposal

of LLW SNM, the inspection should be coordinated with the nuclear regulatory

agency of the Agreement State.

For the normal inspection frequency, each procedure should be completed

whenever possible for each specified frequency. In practice, part or all of an
Issue Date: 11/27/01 - 5 - 2401

individual procedure may need to be examined during each inspection visit.

Emphasis should be placed on physical examinations, observation of conduct of

operations, independent measurements, and personnel interviews. Attention

should be directed toward the availability of written procedures, the degree to which

they are being followed, and the state of training of on-site personnel. When

necessary, effort should be concentrated on areas of perceived concern. With the

exception of the review of changes made under 10 CFR 61.25 and the tracing of

lost or overdue shipments, which should be examined fully, review of records

should otherwise involve only a sampling of those records important to safety of

personnel and the general public. For example, if the organizational structure has

not changed with respect to personnel and assigned functions and responsibilities,

the inspector should not pursue the subject of organization in any detail, unless

there is reason to believe that such is not the case. Discretion in such areas is left

to the judgement of the inspector.

c. Regulatory Considerations

The inspector should be especially familiar with current license requirements;

previous inspection reports; applicable codes, standards and guides; and the

following regulations:

10 CFR Part 19 Notices, Instructions, and Reports to 

Workers: Inspection and Investigations

10 CFR Part 20 Standards for Protection against Radiation

10 CFR Part 61 Licensing Requirements for Land Disposal of Radiological Waste

10 CFR Part 70 Domestic Licensing of Special Nuclear Material

10 CFR Part 73 Physical Protection of Plants And Materials

d. Guidance for Use of Inspection Procedures During Operations

The IPs indicated in Table 1 (enclosed) for the Operations Phase are applicable

to inspections conducted at LLW disposal facilities during operations. The

inspection staff can determine the applicable elements of each procedure by

reviewing the procedure, the facility license, and reports of previous inspections.

07.04 Part IV - Inspection During the Closure Phase

a. Purpose

The purpose of this instruction is to provide guidance for planning and conducting

inspections during the period of closure of a LLW disposal facility. The term

"closure," as used herein, encompasses those activities that must be carried out

by the licensee after the cessation of waste receipt and disposal operations, to

allow the Commission to formally issue a license amendment for disposal-site

closure. In some cases, as specifically allowed or required by license condition,

some closure activities may occur for some parts of a facility during active waste

receipt and disposal operations at other parts.

Closure is dissimilar from decommissioning in that closure is followed by a period

of post-closure observation and maintenance, followed by an institutional control

period of 100 years, rather than release for unrestricted use.
2401 - 6 - Issue Date: 11/27/01

b. Implementation

This program is initiated when the licensee begins implementation of any portion

of the approved site-closure plan. The foundation for planning and scheduling

inspections will thus be the closure plan. The criteria for inspections will be license

conditions and applicable regulations some of which will directly address closure

activities. It is likely that in many cases, portions of the closure plan may be

implemented for part of a site while active operations continue elsewhere on site.

In these cases, the appropriate portions of this program should be implemented

in conjunction with the operations inspection program. The closure plan itself, as

amended during site operation, pursuant to 10 CFR 61.28, should be reviewed by

the regional office to determine if procedural or scheduling modifications are

necessary to enable planning of an efficient inspection program. The inspection

program continues in effect until the licensee has implemented all elements of the

closure plan, and NRC has approved the initiation of the post-closure observation

and maintenance phase.

c. Regulatory Considerations

The information in Table 1 is designed to inspect programs for conformance with

the following regulations:

10 CFR Part 20 Standards for Protection against Radiation

10 CFR Part 61 Licensing Requirements for Land Disposal of Radioactive Waste

10 CFR Part 70 Domestic Licensing of Special Nuclear Material

d. Guidance for Use of Inspection Procedures During Closure

The IPs indicated in Table 1 (enclosed) are applicable (as noted in comments) to

inspections conducted at LLW disposal facilities during facility closure. The

inspection staff can determine the applicable elements of each procedure by

reviewing the procedure, the facility license, and the licensee's closure plan.

07.05 Part V - Inspection During the Post-Closure Phase

This section reserved for future use.

END
Issue Date: 11/27/01 T-1 

TABLE 1 - INSPECTION PROCEDURES APPLICABLE TO INSPECTION OF

A LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY DURING OPERATIONS AND CLOSURE

OPERATIONS PHASE CLOSURE P

ProceduresNumber

Procedure Title Inspection Frequency Applicability of Procedure to

Inspection of LLW DisposalFacility 

Inspect. Frequen. A

IF

Min. Normal Min. Normal 

30703 Management

Entrance/ExitInterview

EachInspection

EachInspection

LLW Inspectors should subscribe tothe general principles established inthis procedure.

EachInspection

EachInspection

Lti

36100 10 CFR Part 21

Inspection at NuclearPower Reactors

AsNecessary

AsNecessary

Inspectors should be sensitive tothe underlying principle driving thisprocedure as it may pertain to someLLW disposal facilities. Futureguidance is appropriate related tospecific types of disposal facilities.

AsNecessary

AsNecessary

Ispptfisf

83822 Radiation

Protection

Annually Twice per

Year

This procedure is applicable in itsentirety to inspections of LLWdisposal facilities during facilityoperations. Some discretion shouldbe exercised in using the guidancein section 3.07.

EachInspection(Frequency mayreduce as closureprogresses.)

EachInspection

Tfdptficr

83890 Closeout

Inspectionand Survey

N/A N/A N/A As Necessary

during implementationof Closure Plan

TacSdprpaaob
TABLE 1 - INSPECTION PROCEDURES APPLICABLE TO INSPECTION OF

A LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY DURING OPERATIONS AND CLOSURE

OPERATIONS PHASE CLOSURE P

ProceduresNumber

Procedure Title Inspection Frequency Applicability of Procedure to

Inspection of LLW DisposalFacility 

Inspect. Frequen. A

IF

Min. Normal Min. Normal 

2401 Table 1 T-2 

84850 Inspection of

Waste GeneratorRequirements

Every otherYear

Annually This procedure has minimal

applicability at a LLW disposalfacility. It may be useful as a crosscheck of the means by which thefacility operator verifies complianceby clients. It would also beapplicable for inspecting thedisposition of on-site generatedwaste.

N/A N/A N

84100 SNM Inspection

at LLW DisposalFacilities 

Annual Annual This procedure is specifically

applicable to SNM inspections atLLW disposal facilities duringoperations.

N/A N/A N

84XXX Operations Review of

a LLW disposal facility(in development

Annual Twice per

year

This procedure is specificallyapplicable to inspections ofoperating LLW disposal facilities.

N/A N/A N

84XXX Facility Engineering

(in development)

Annual Twice per

year

This procedure is applicable toinspection of engineering andconstruction aspects of a LLWdisposal facility being implementedduring operations.

N/A N/A N

86750 Solid Waste

Management &Transportation ofRAM

Annually Twice per

year

This procedure has applicabilityduring the inspection of operationsat a LLW disposal facility. Theinspector should verify that thefacility operator confirmscompliance with transportationrequirements by customers. Theprocedure should also be employedif the operator ships RAM offsite forany reason (e.g., shipment of RAMto a lab for analysis).

As needed As needed U

rspadPIrp
TABLE 1 - INSPECTION PROCEDURES APPLICABLE TO INSPECTION OF

A LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY DURING OPERATIONS AND CLOSURE

OPERATIONS PHASE CLOSURE P

ProceduresNumber

Procedure Title Inspection Frequency Applicability of Procedure to

Inspection of LLW DisposalFacility 

Inspect. Frequen. A

IF

Min. Normal Min. Normal 

Issue Date: 11/27/01 T-3 

88005 Management

Organizationand Controls

Annual Twice per

year

This procedure is applicable in itsentirety to inspections of LLWdisposal facilities. Section 3.05,Q/A Programs, should besupplemented with specificguidance applicable to LLWfacilities.

Annually Annually P

IawcomaIwpisitRfdeacmaib
TABLE 1 - INSPECTION PROCEDURES APPLICABLE TO INSPECTION OF

A LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY DURING OPERATIONS AND CLOSURE

OPERATIONS PHASE CLOSURE P

ProceduresNumber

Procedure Title Inspection Frequency Applicability of Procedure to

Inspection of LLW DisposalFacility 

Inspect. Frequen. A

IF

Min. Normal Min. Normal 

2401 Table 1 T-4 

ITniilslcosr

88005 Management

Organization& Controls

See Previous Page See Previous Page Annually Annually S

DsocbepCQRTiatAoaitc

88010 Operator Training/

Retraining

Every OtherYear

Annual This procedure is applicable in its

entirety to a LLW disposal facility.

N/A N/A N
TABLE 1 - INSPECTION PROCEDURES APPLICABLE TO INSPECTION OF

A LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY DURING OPERATIONS AND CLOSURE

OPERATIONS PHASE CLOSURE P

ProceduresNumber

Procedure Title Inspection Frequency Applicability of Procedure to

Inspection of LLW DisposalFacility 

Inspect. Frequen. A

IF

Min. Normal Min. Normal 

Issue Date: 11/27/01 T-5 

88025 Surveillance

Testing

Annual Twice per

year

The concepts presented in thisprocedure are applicable to LLWdisposal facility operations. Specificguidance is required to address thedifferent systems encountered at aLLW disposal facility.

Annually Twice per 

year

ToccirlrmmIefipi

88035 Radioactive

Waste Management

Annual Twice per

year

Sections 2.01-2.06 are generallyapplicable to inspections of LLWdisposal facilities. Section 2.07needs to be expanded to providespecific details related to theinspection of waste disposal at afacility whose purpose is wastedisposal.Section 2.08 does not apply.

Annually Twice per 

year

Sadp

88045 Environmental

Programs

Annual Twice per

year

This procedure is applicable in itsentirety to the inspection of LLWdisposal facilities. Furthermore,specific guidance regarding itsimplementation at such facilities isneeded.

Annually Twice per 

year

Tedsin
TABLE 1 - INSPECTION PROCEDURES APPLICABLE TO INSPECTION OF

A LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY DURING OPERATIONS AND CLOSURE

OPERATIONS PHASE CLOSURE P

ProceduresNumber

Procedure Title Inspection Frequency Applicability of Procedure to

Inspection of LLW DisposalFacility 

Inspect. Frequen. A

IF

Min. Normal Min. Normal 

2401 Table 1 T-6 

88045 Environmental

Programs

See Previous Page License conditions will specify

offsite monitoring and samplinglocations, frequencies, andapplicable limits on levels andconcentrations of radioactivity.

See Previous Page T

boib

88050 Emergency

Planning

Annual Twice per

year

This procedure is generallyapplicable to the inspection of LLWdisposal facilities during facilityoperations. Inspector discretion isrequired regarding the degree towhich all requirements areinspected against. The inspectorshould keep in mind that the natureand severity of an emergency at anoperating LLW disposal facility islikely to differ from that at a fuelfacility. The number of drills,number of trained individuals andthe nature and amount of onsiteemergency equipment is likely todiffer from that expected at a FuelFacility. Therefore, the inspector iscautioned to use existing guidancein this procedure advisedly.

Every twoyears

| Annually B

daipmaida
TABLE 1 - INSPECTION PROCEDURES APPLICABLE TO INSPECTION OF

A LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY DURING OPERATIONS AND CLOSURE

OPERATIONS PHASE CLOSURE P

ProceduresNumber

Procedure Title Inspection Frequency Applicability of Procedure to

Inspection of LLW DisposalFacility 

Inspect. Frequen. A

IF

Min. Normal Min. Normal 

Issue Date: 11/27/01 T-7 

90712 In Office Review

of WrittenReports of Nonroutine Eventsat PowerReactorFacilities

AsNecessary

AsNecessary

This procedure should be usedconceptually and sparingly at LLWdisposal facilities until an alternateprocedure is developed. Theconcept of followup both by licenseeand inspector on non-routine eventsis valid for LLW disposal facilities. However, nature and severity ofnon-routine events needs to beestablished specifically for LLWdisposal facilities.

AsNecessary

AsNecessary

SP

92701 Followup As

Necessary

AsNecessary

Generic Procedure applicable toLLW Disposal.

AsNecessary

AsNecess

GL

92702 Followup on

Violations/Deviations

AsNecessary

AsNecessary

Generic Procedure applicable toLLW Disposal.

AsNecessary

AsNecessary

GL

92703 Confirmatory Action

Letters

AsNecessary

AsNecessary

Generic Procedure applicable toLLW Disposal.

AsNecessary

AsNecessary

GL

93007 OSHA Interface

Activities

AsNecessary

AsNecessary

Generic Procedure applicable toLLW Disposal.

AsNecessary

AsNecessary

GL

94702 Participation in

Licensee Meetings

AsNecessary

AsNecessary

Generic Procedure applicable toLLW Disposal.

AsNecessary

AsNecessary

GL