Text prepared: June 1988

Published: August 1989

Additional copies of this publication are

available by writing to the following address:

Division of Low-Level Waste Management and Decommissioning

Mail Stop 5 £4

Office of Nuclear Material Safety and Safeguards

Washington, DC 20555
4.1 Overview........................................ 2

Figure I 2a

Figure 2 2b

Figure 3 2c

4.2 Performance Objectives. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3

4.2.1 Protection of the General Population from Releases

of Radioactivity. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3

4.2.2 Protection of Individuals from Inadvertent

Intrusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4

4.2.3 Protection of Individuals During Operation. . . . . . . . .. 5

4.2.4 Stability of the Disposal Site After Closure. . . . . . . . . .. 5

Contents

1. The NRC and Its Respsonsibilities 1.

2. Low-Level Radioactive Wastes 1

3. Mixed Waste 2

4. 10 CFR PART 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2

4.3 Technical Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5

4.3.1 Site Suitability 6

4.3.2 Disposal Site Design. . . . . . . . . . . . . . . . . . . . . . . . . .. 6

4.3.3 Environmental Monitoring 7

4.3.4 Operations and Site Closure. . . . . . . . . . . . . . . . . . . .. 7

4.3.5 Waste Classification. . . . . . . . . . . . . . . . . . . . . . . . . . .. 8

4.3.6 Waste Characteristics 9

4.3.7 Institutional Requirements. . . . . . . . . . . . . . . . . . . . . .. 9

Figure 4 9a

Table I 9b

4.4 Financial Assurances 10

4.4.1 Applicant Qualification and Assurancey . . . . . . . . . . . .. 10

4.4.2 Funding for Disposal Site Closure and

Stabilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

4.4.3 Financial Assurances for Institutional Control 11

4.5 Other Provisions 11

4.5.1 Licensing Procedures 11

4.5.2 Participation by State Governments and Indian Tribes 12

4.5.3 Other NRC Regulations 12

4.5.4 Manifests and Generator Responsibilities 13
........-

Contents (Continued)

5. Historyand Background 13

5J The Low-Level Radioactive Waste Policy Act of 1980. . . . . . .. 13

5.2 The Low-Level Radioactive Waste PolicyAmendments Act of

1985 14

5.3 Congressional Approval of Compacts 15

5.4 Other Governmental Agencies in Low-Level Radioactive Waste

Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15

5.4J EPA 15

5.4.2 U.S. Department of Energy (DOE) 16

5.4.3 DOT 16

5.5 States 16

5.5J NRC's Agreement State Program. . . . . . . . . . . .. . 17

5.5.2 Other State Roles 17

5.6 Local Governments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17

6. OtherIssues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

6J Alternative Technologies 17

6.2 Storage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18

7. Ouestionsand Answers.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19

8. Glossaryof Terms 24

9. References.............................................. 27

10. NRC Contactsfor FurtherInformation.. . . . . . . . . . . . . . . . . . . . . . . . 28
1. THE NRC AND ITS

RESPONSIBILITIES

The Nuclear Regulatory Commission

(NRC) is responsible for licensing and

regulating nuclear facilities and materials and for conducting research in support of the licensing and regulatory process. Authority is derived from the

Atomic Energy Act of 1954, as amended,

the Energy Reorganization Act of 1974,

as amended, and other statutes. Activities must be conducted in accordance

with the National Environmental Policy

Act of 1969, as amended (NEPA). NRC

responsibilities include protecting the

public health and safety, protecting the

environment, and safeguarding nuclear

materials in the interest of national security. Agency functions are performed

through: standards-setting and

rulemaking; technical reviews and studies; conduct of public hearings; issuance

of licenses; inspection, investigation, and

enforcement; and research.

The Commission itself is composed of

five members, appointed by the President and confirmed by the Senate. One

Commissioner is designated by the President as Chairman.

The Office of Nuclear Material Safety

and Safeguards (NMSS) manages and

coordinates the NRC's regulation of radioactive waste. Within NMSS, the Division of Low-Level Waste Management

and Decommissioning regulates lowlevel radioactive wastes. Major Division

functions include:

Leading the national effort to

regulate and license commercial

low-level waste disposal facilities.

Developing guidance and providing

technical assistance to States and

compacts to help ensure that the

goals of the Low-Level Radioactive Waste Policy Amendments

Act of 1985 are met.

NRC's rulemaking for regulating lowlevel radioactive waste disposal resulted

in the addition of a new part to Title 10 of

the Code of Federal Regulations -- 10

CFR Part 61, "Licensing Requirements

for Land Disposal of Radioactive

Wastes." 10 CFR Part 61 sets forth the

procedures, criteria, and terms and conditions on which the NRC will issue licenses for new disposal sites.

2. LOW-LEVEL

RADIOACTIVE

WASTES

"Low-level radioactive wastes" is a general term for a wide range of wastes. Industries, hospitals, medical, educational,

or research institutions, private or government laboratories, and nuclear fuel

cycle facilities (e.g., nuclear power plants

and fuel fabrication plants) using radioactive materials generate low-level

wastes, as part of their normal operations, just as they generate other types of

wastes. Generation of these wastes is a

necessary side effect of gaining the societal benefits resulting from these activities. These wastes are generated in many

physical and chemical forms and levels of

contamination. The generation of

1
wastes isshown conceptually in Figure 1,

"Commercial Waste Generation."

A working definition of low-level radioactive wastes is given in the Glossary, p.

24. The spectrum of radioactive wastes

produced in the country is shown in Figure 2, "Radioactive Waste." The illustration shows several types of wastes

which are not low-level radioactive

wastes under NRC statutes. Low-level

wastes are generated in four categories:

• below regulatory concern

waste;

• generator disposed wastes;

• Class A, Class B, and Class C

wastes; and

• greater than Class C wastes.

Less than two million cubic feet of

wastes are disposed of annually at the

three currently operating commercial

sites. It is the disposal of these approximately two million cubic feet of

Class A, Class B, and Class C wastes

that are the focus of 10 CFR Part 61.

3. MIXED WASTE

"Mixed low-level radioactive waste" is

material that contains both radioactive

and hazardous components and meets

respectively NRC's definition of lowlevelradioactive waste in 10CFR Part 61

and the Environmental Protection

Agency's (EPA's) definition of hazardous material in 40 CFR Part 261. AJthough any type of low-level waste may

be "mixed," surveys of waste generators

••

indicate that less than 5 percent of the

wastes which would normally be sent to

commercial sites would be classified as

"mixed."

4. 10 CFR PART 61

4J Overview

10 CFR Part 61 was developed during

the five-year period from 1978-1982, in

response to needs and requests expressed by the public, the Congress, industry, the States, and other Federal

agencies for codified regulations specifically for disposal sites. NRC considered

extensive public input, including the

holding of four regional workshops.

NRC issued draft and final environmental impact statements to present the

bases for the regulation. The final regulation represented a major agency effort

and was published in December 1982.

The lifecycleof a disposal site begins well

before wastes are received and continues

long after disposal is complete. Part 61

of 10 CFR provides the technical and

procedural framework for the entire

lifecycle. The graphic, "Lifecycle of a

Low-Level Radioactive Waste Disposal

Facility" (Figure 3) depicts the lifecycle

phases and indicates the corresponding

technical and procedural provisions of

10 CFR Part 61. The basicframework of

10 CFR Part 61 applies to any land disposal technology for low-level radioactive wastes. Specifically, the performance objectives and the institutional, financial, and procedural requirements

are applicable to all land disposal methods. The specific technical requirements

developed for near-surface disposal are

2
Electric Utilities

Households

Hospitals

Industries

Research Facilities

Governments

use

Hazardous and Radioactive

Materials

BENEFITS resulting WASTE in I

I

electric power

health care

raw materials

consumer goods

scientific research

commercial chemicals

I I I I

non-hazardous I

hazardous I

mixed waste I

radioactive

I I I I

Regulated by Regulated by Regulated by Regulated by

State and EPA or EPA and NRC NRC or

local governments authorized States or States States

I I I I

Tvpicallv Tvptcatlv Tvpicaltv Includes

refuse solvents radioactive high-level rad waste

garbage acids organic liquids low-level rad waste

sludge heavy metals radioactive naturallv-occurinq

municipal sewage pesticide residues heavy metals and acceleratorchemical sludges produced

incinerator ash materials

plating solutions below-regulatory

concern

I I I I

Annual Volume Annual Volume Annual Volume Commercial

approximately approximately approximately low-level

400 Bi"ion 4 Billion 60 Thousand Waste Sites

cubic ft cubic ft or cubic ft or approximately

(1984) 1% of total 0.00002% 3 Mi"ion

(1984) of total cubic ft or

(1984) 0.0007%

of total

(1984)

Figure 1 Commercial Waste Generation

2a

----- -------------------------------~
Produced by

• solidified liquids

• filters and resins ·

nuclear reactors

Regulated ·

hospitals Below

by NRC • rags/wood

·

research ,.--. Regulatory .... -. clothing/ paper •...

Concern or

• lab trash

institutions

States

• scintillation vials ·

industry

·

government

• animal carcasses

·

universities

Produced by

• nuclear reactors

10CFR Regulated • liquids. gases • hospitals

i--

20 Disposal .... by NRC.

l-

• combustables .... • research

by EPA and • contaminated soils institutions

Generators States • solids • industry

• government

• universities

Produced by

• solidified liquids ·

nuclear reactors

ClauA, B,C Regulated • filters and resins ·

hospitals

I--

Low-Level Iby NRC 1--. rags/wood .... ·

research

Radioactive or ·

clothing/paper institutions

Waste States • lab trash ·

industry

• animal carcasses ·

government

Low-Level ·

universities

-

Radioactive

Waste

Produced by L

• reactor components Greater Than H Regulated ~

• sealed sources

• nuclear reactors

ClalSC

•...

• industry

Waste by NRC • decontamination

• medical fluids '-. institutions

High-Level H spent fuel rods Produced by

Regulated ~ • Radioactive

by NRC • weapons l-

• nuclear reactors

Waste by-products • Dept. of Energy

- • radium sources Produced by

(needles. gauges ·

medical facilities Naturally & instruments) ·

industry Occuring

• water treatment • university and H Regulated ~ resins •... accelerators Accelerator- by States

• accelerator ·

coal plants Produced

products ·

old watch dial Materials

• boiler ash and paint

• contaminated soil factories

• uranium mill tailings

Regulated • resins

Mill

~

by NRC •... • filters and general -{ Produced by

Tailings or industrial wastes • uranium millers

States from uranium

extraction

Figure 2. Radioactive Waste

2b
50

40

60

70

80

90

100

110

120

130

200

500

Years

Site Characterization and Selection

Preoperational Licensing

Construction

Disposal and Operation**

Site Closure and Stabilization

Post-Closure Observation

and Maintenance

Active Institutional Control Period

Passive Control Period***

§ 61.50, 61.53*

§ 61.10-61.23, 61.53

§ 61.51, 61.53

§ 61.24-61.27, 61.52-61.58

§ 61.27-61.28, 61.52, 61.53

§ 61.29, 61.53

§ 61.30-61.31, 61.59

§ 61.31, 61.80

* Refers to sections in 10 CFR Part 61.

** Disposal and operation are estimated to range from 20 to

40 years but are shown as 20 years.

*** Any active institutional controls are optional during this

period and may not be relied on.

2c

Figure 3.

Lifecycle of a Low-Level Radioactive Waste Disposal Facility
generally considered appropriate for

most alternative technologies using engineering enhancements. Only mined cavity or similar deep disposal method would

require somewhat different technical requirements. The performance objectives

are the heart of the rule and allow effective implementation of the systems approach used.

The following discussion summarizes the

requirements of 10 CFR Part 61 and is

intended to provide a general understanding of the provisions. The reader

should read the regulation itself for precise wording and the exact legal requirements. The discussion covers the following topics:

• the performance objectives;

• technical requirements for the

siting, design, operations, environmental monitoring, and closure activities for a near-surface

facility;

• classification of wastes;

• technical requirements on

waste form;

• institutional requirements;

• financial assurance requirements; and

• administrative and procedural

requirements for licensing a

facility.

A companion change to 10 CFR Part 20,

which established a shipment manifest

system, is also discussed.

4.2 PedQ171JanceOIliectives

The four performance objectives in

10 CFR Part 61 were developed expressly for disposal of low-level radioactive wastes. None of the existing provisions of 10 CFR Part 20 relating to acceptable releases to the environment was

considered appropriate, since direct control of releases after disposal is more difficult than control of releases from a pipe

or stack. Further, the long-term focus is

unique to land disposal. In the absence

of any applicable EPA general environmental standards, NRC developed the

four objectives through rulemaking.

NRC's primary goals were to protect the

public health and safety and minimize

the long-term burden on society.

Throughout the lifetime of the disposal

facility, there must be reasonable assurance that these objectives will be met.

The objectives address protection from

releases of radioactivity, inadvertent intrusion, operations, and stability.

4.2J Protection of the General

Population from Releases of

Radioactivity

Release of radioactivity from the site into

water, air, soil or through plants or animals must not result in an annual dose,

to any member of the public, greater

than:

• 25 millirems to the whole body,

3
• 75 millirems to the thyroid,

• 25 millirems to any other organ.

Reasonable efforts also must be made to

keep releases of radioactivity to the general environment as low as reasonably

achievable (ALARA).

These release limits apply at the site

boundary. The analyses supporting

10 CFR Part 61 demonstrated that these

limits could be met by disposal of expected wastes at typical regional sites, using the combination of requirements in

the regulation. NRC independently

evaluated a range of annual dose limits,

from the EPA municipal drinking water

value of 4 millirem, to the 500 millirem

maximum limit for exposure of members

of the public, in NRC's rules in 10 CFR

Part 20. The limits adopted are consistent with EP A's limits for the uranium

fuel cycle in 40 CFR Part 190. These values represent a fraction of background

radiation (e.g., one-fourth or less).

4.2.2 Protection of Individuals

from Inadvertent Intrusion

Design, operation and closure of the facilitymust ensure protection of any individual who inadvertently enters or occupies the site or who comes in contact with

the waste after the institutional control

period ends.

Intrusion into disposed waste may be

either deliberate or inadvertent. A deliberate intruder would choose to ignore

the hazard and commit an illegal act for

profit. Such intrusion is considered unlikely and is not addressed by 10 CFR

Part 61. Deliberate intrusion was considered unlikely for the following practical reasons. Power tools would be

needed to excavate soil covers--the

noise would attract attention to the illegal activities. There is insufficient information on the precise location of items of

interest in the disposal units. There are

not enough unique or valuable materials

to warrant the criminal and radiological

risks.

The inadvertent intruder would be unaware of the hazards of the disposed

wastes and would intrude by accident or

without realizing the potential hazard.

For example, the inadvertent intruder

might construct a house, consume food

grown on the land, drink water from a

well drilled onsite, or actually disturb the

waste itself. Intrusion mayor may not

occur at a site. Although the performance objective does not contain a specific

dose limit, a working limit of 500 milIirem to the whole body per year was used

in 10 CFR Part 61,to implement this objective. This limit is the generally accepted upper limit for exposures to members of the public. Therefore, 10 CFR

Part 61 is designed to restrict doses to future members of the public to the same

dose limits that are applied today. Potential doses were calculated using realistic

and reasonable assumptions about the

intruder and the potential exposure pathways. Even though detectable radioactivitymay remain at the site over long periods of time, future inadvertent intruders would not receive doses higher than

this working limit.

4
4.2.3 Protection of Individuals

During Operation

Operations at the land disposal facility

must comply with the radiation protection standards of 10 CFR Part 20 -- except for releases of radioactivity from the

site which are governed by 10 CFR

Part 61.

Every reasonable effort must be made to

keep exposures during operation as low

as reasonably achievable (ALARA).

This objective is a restatement and affirmation that the occupational exposures must comply with 10 CFR

Part 20, so that workers at the sites are

protected as they would be at any other

nuclear facility. (It reminds applicants

that potential worker exposures must

also be considered in decisions on the

site.)

4.2.4 Stability of the Disposal Site

after Closure

All functions associated with the facility,

from siting to closure, must be intended to achieve long-term stability and

eliminate the need for ongoing active

maintenance after closure.

This performance objective focuses on

the long-term aspects of disposal and reflects lessons learned from problems at

existing sites. Stability is a cornerstone of

the system at work at the sites. Stability

of the waste and of the site as a whole is

important to prevent subsidence problems which have occurred at closed commercial sites. It is also important so that

the access of water to disposed wastes

can be minimized and thus reduce migration of radionuclides from the site. Stability also reduces maintenance costs and

minimizes the chance of exhausting

long-term care funds collected during

operations. It reduces the administrative

burdens of the long-term care custodian.

4.3 Technical Requirements

In general, regulations may contain two

basic types of requirements: performance objectives and prescriptive requirements. Part 61 of 10 CFR contains both.

The performance objectives discussed in

the preceding section define the overall

level of safety and goals to be achieved by

land disposal of low-level radioactive

wastes. The technical requirements include objectives, but are also prescriptive

where deemed necessary and where sufficient technical information was available to support the requirement. The

minimum technical requirements for the

components of a land disposal system in

10 CFR Part 61 will help ensure that the

objectives will be met. Technical requirements are prescribed for the following areas: site suitability, site design, operations and closure, waste classification,

waste form, and institutional measures.

Requirements for environmental monitoring are also established and will be

used to assess the system's performance.

Reliance is not placed on anyone component of the system; rather, all components interact in achieving the performance Objectives. (The technical requirements currently in 10 CFR Part 61 cover

only near-surface disposal. Development of near-surface requirements was

5
not an endorsement of that type of disposal technology.' It was a pragmatic decision on what technology would be used

at the next several sites. See the discussion of alternatives under "Other Issues,

p. 17.") The following discussion provides an overview of the more important

requirements.

4.3J Site Suitability

Part 61 of 10 CFR contains common

sense siting requirements which address

the natural characteristics of the site

(e.g., geohydrology and climate) and

other factors. NRC views the siting requirements as minimum requirements

for any near-surface disposal method,

whether or not engineering enhancements are used. The requirements are

primarily directed at aspects to be

avoided.

• The site must have characteristics

which maximize long-term stability and isolation of waste and ensure that performance objectives

are met. (Site characteristics and

performance must be evaluated

for at least a 500-year period.)

• Sites chosen for low-level radioactive waste disposal must be capable of being characterized,

modeled and analyzed and monitored.

• Sites should be avoided where

projected population growth,

other future developments or

known natural resources=-such

as coal, natural gas and mineral

deposits=.may negatively affect

the ability of the disposal site to

meet the performance objectives.

• A prospective site must be welldrained and free of flooding or

frequent ponding.

• The disposal site should be located far enough above the water

table to prevent groundwater intrusion into the bottom of the disposal unit.

• Sites and areas where tectonic

processes=-such as faulting, folding, seismic activity, or volcanic

activity-s-and surface geological

processes=-such as mass wasting,

erosion, slumping, landsliding, or

weathering=-occur frequently

and extensively must be avoided.

• Sites must not be located in areas

where nearby facilities could adversely impact the site's ability to

meet the performance objectives

or could significantly mask or interfere with the disposal facility's

environmental monitoring program.

4.3.2 Disposal Site Design

The basic design objectives are to minimize water contact with the waste during

storage, disposal, and after disposal and

to help assure Ion _- site stability.

• The facility must be designed to

Qrovide for longdez:m-i olation ot

the waste while minimizing the

6
need for active maintenance after

the site is closed.

• The design should complement

and improve on the site's natural

characteristics where reasonable.

• Surface features should be designed to minimize water infiltration into disposal units and minimize erosion.

4.3.3 Environmental Monitoring

Part 61 of 10 CFR requires a comprehensive environmental monitoring program throughout all phases of the facility

lifecycle. Site and environmental data

must be collected to predict and evaluate

disposal site performance.

• Data must include information

about the site's ecology, soil

chemistry, hydrology, geology, climate, and meteorology. Seasonal

characteristics such as climate require pre-operational data for at

least a twelve-month period.

• During operation, closure, postclosure, and long-term institutional control, data needed to

evaluate both near term and

long-term potential health and

environmental impacts must be

collected.

• The monitoring systems must be

capable of providing early warning of releases of radionuclides

before they leave the site boundaries. Provisions for taking corrective or mitigative measures when

needed must also be included.

4.3.4 Operations and Site

Closure

Basic and general requirements for lowlevel radioactive waste disposal operations are described as well as requirements for site closure.

• Since much of the Class A wastes

are contaminated paper, cloth,

and plastics--which may degrade

or compress over time--all

Class A low- level radioactive

waste must be disposed of separately from Class B and Class C

wastes, unless the Class A waste

meets the stability requirements

for the other waste classes. (This

prohibition is aimed at maintaining the stability of the portions of

the facility which contain higher

activity Band C wastes.)

• Waste designated as Class C lowlevel radioactive waste must be

disposed so that the waste containers are no less than five meters below the top of the disposal

unit covers. As an alternative to

this disposal method, NRC permits the use of intruder barriers

such as steel reinforced concrete

designed to last--and thus discourage intrusion-- for at least

500 years.

• To reduce subsidence or cracking

of the caps or barriers covering

the waste, all low-level radioac7
tive waste must be placed in the

disposal unit in a way that maintains the integrity of the waste

package and permits voids to be

filledwith soil or other materials.

• The boundaries and locations of

each disposal unit must be accurately located and mapped by

means of a land survey.

• Buffer zones of land adequate for

monitoring and possible corrective actions must be maintained

between disposed waste and the

site boundaries--including beneath the disposed waste.

• Closure and stabilization methods set forth in the approved site

closure plan must be carried out

as each disposal unit is filled and

covered.

• After closure is completed, a

post-closure period of maintenance and observation isrequired

to confirm that the closed site is

performing as expected. Responsibility for the site cannot be

transferred to the custodial

agency for long-care until closure

is confirmed.

4.3.5 Waste Classification

The 10 CFR Part 61 radioactive waste

classification is a systems approach to

control the potential dose to man from

the disposed waste. The components of

the system include the site characteristics, the design and operation of the site,

the institutional controls, the waste form,

and intruder barriers. The quantity and

type of radionuclides permitted in each

class are based on combinations of these

various components for disposal and on

concentrations of radioactive materials

that are expected to be in the wastes and

that are important for disposal. Three

classes are established for routine nearsurface disposal: Class A, Class B, and

Class C.

Low-level radioactive waste typically

contains both short-lived and long-lived

radionuclides. Three important time intervals are relied on in setting the waste

classification limits. One is the length of

time the government will actively control

access to the site. (An upper limit of 100

years was used.) The second is the expected life of the waste form. (A

300-year period before failure begins

was used.) The third period is the expected lifetime of engineered barriers or

assured burial depth, and the time when

total failure of the waste form occurs. (A

500-year period was used for this third

period.) Concentrations of short-lived

radio nuclides permitted in the waste are

higher than concentrations of long-lived

radionuclides, because the short-lived

nuclides will significantly decay during

the 100 years of assumed institutional

controls. Shorter-lived nuclides will also

significantly decay during the 300-year

design lifetime of stabilized wastes. The

limits are further set so that at the end of

the 100-year institutional control period,

no active site controls or maintenance is

needed, and so that at the end of 500

years, no reliance on engineered features

or waste form is needed. The limits

specified for both short- and long-lived

8
radionuclides will assure that the performance objectives will be met.

Figure 4, "Classes A, B, and C Wastes by

Volume and Curies," shows the activity

and volumes of commercial low-level

wastes disposed of at the three operating

sites in 1986. The characteristics of the

three classes of waste and the underlying

assumptions are summarized in Table 1,

"Overview of Classes A, B, and C Waste

Characteristics. "

4.3.6 Waste Characteristics

All waste(s) Classes A, B, and C are subject to minimum waste form requirements which are designed to protect site

workers during handling, including:

• Waste must not be packaged for

disposal in cardboard or fiberboard boxes.

• Liquid waste must be solidified or

packaged in absorbant material.

Not more than 1 percent of the

package by volume can be free

liquids.

• Wastes that generate toxic fumes

or are spontaneously flammable

or explosive are prohibited.

• Gaseous materials are subject to

concentration and pressure limitations.

• Nonradiological hazards such as

infectious properties must be

treated to the extent practicable.

• Class B and Class C waste must

meet additional waste form requirements to ensure that the

waste does not structurally degrade before decay to acceptable

concentrations or quantities of

radio nuclides.

• Waste form or high integrity containers (HICs) used to provide

structural stability must maintain

gross physical properties and

identity for 300 years, under the

expected disposal conditions.

• Liquid in wastes must be limited

to 1 per cent by volume for HICs,

or 0.5 percent by volume for solidified wastes.

• Void spaces must be reduced to

the extent practicable.

4.3.7 Institutional Requirements

Part 61 of 10 CFR has two basic institutional requirements: (1) government

ownership of the land before disposal of

wastes and (2) a governmental institutional control period. Given the uncertainty of predicting how long governmental agencies will maintain control

over disposal sites after they have been

closed, and in consideration of the societal burden of such long-term control, 10

CFR Part 61 requires that governmental

controls not be relied on for more than

l00yea~

J Auer closure of a site disposing of

Classes A, B, and C wastes, the license must be transferred from

the site operator to the State or

Federal land owner, who must

9
Calendar Year 1986

Volume (1,800,000 cubic ft)

3% 1%

Curies (230,000)

54%

c=JA

~B

lWe

36%

Figure 4.

Class A, B, and C Wastes by Volume and Curies

9a
Table 1 Overview of Classes A, S, and C, Waste 

CHARACTERISTIC CLASS A WASTE CLASS B WASTE 

Concentration low concentrations higher concentrations 

of radionuclides of radionuclides 

Waste Form must meet minimum waste must meet minimum 

form requirements form requirements 

does not require requires stabilization 

stabilization (but may for 300 years 

be stabilized)

s

Examples typically contaminated typically resins and 

protective clothing, filters from nuclear 

paper, laboratory power plants 

trash 

Intruder after 100 years, decays after 100 years, deca

Protection to acceptable levels to to acceptable levels 

an intruder an intruder, provided 

waste is recognizabl

requires no additional requires stabilization 

measures to protect to protect intruder 

intruder 

Segregation unstable Class A must need not be segrega

be segregated from from Class C 

Classes Band C
have a program to restrict assess

to the site throughout a 100-year

institutional control period.

• At a minimum, environmental

monitoring, periodic surveillance,

and minor custodial care must be

provided during the institutional

control period.

• The land owner isresponsible for

administering the funds to cover

the costs of institutional control

activities.

• The site as a system must be capable of meeting the performance

objectives after the 100-year period by relying only on passive

controls such as markers and land

records. The passive control period is assumed to last for

500 years.

• The State or Federal agency

which is in control of the site may

wish to continue a presence after

the 100 years during the passive

control period, and there is nothing in 10 CFR Part 61 which precludes this option.

4.4 Financial Assurances

4.4J Applicant Qualification and

Assurances

• Applicants for a low-level radioactive waste disposal facility license must demonstrate that they

have the necessary funds to cover

the estimated costs of conducting

all licensed activities over the operating life of a planned facility--

including the costs of construction and operation.

4.4.2 Funding for Disposal Site

Closure and Stabilization

• Prospective disposal site operators must show that sufficient

funds willbe available to carry out

appropriate site closure and stabilization to assure that additional

State or Federal funding for these

activities is unnecessary. The assurances must be based on NRCapproved cost estimates for each

category.

t

I

• Liability of the site operator remains in effect until:

the site is closed and sta

bilized;

the program has been

completed and approved

by NRC; and

the license has been

transferred to the site

owner.

• Regardless of the type of assurance provided, the site operator's

surety mechanism must be reviewed annually by NRC to be

sure that adequate funds are

available for the completion of

the NRC-approved plan to close

the site. The amount of the surety

should be adjusted, taking into account possible changes in costs of

closure and stabilization based on

10
inflation, increased land disturbances, changes in engineering

plans, and completed closure and

stabilization projects.

4.4.3 Financial Assurances for

Institutional Control

• Before a license is issued, the applicant must provide to the NRC

for its approval a binding agreement--such as a lease--between

the applicant and the site owner

that ensures adequate funds will

be available to cover the costs of

monitoring and any required

maintenance during the institutional control period. (NRC will

check periodically to be sure that

changes in inflation, technology,

and disposal facility operation are

reflected in the arrangement.)

• Any subsequent changes in the

arrangement relevant to institutional control must be approved

by the Commission.

4.5 Other Provisions

Part 61 of 10 CFR includes a number of

other requirements designed to address

procedural and implementation matters.

Subpart A of 10 CFR Part 61 addresses

matters such as scope and applicability to

existingsites and includes a concepts section and a definitions section. The conceptssection is a useful reference for the

reader to clarify how many of the provi-

*See the Reference section.

sions fit together. Definitions and many

of the concepts are covered in the "Glossary of Terms" of this document. Implementation aspects such as recordkeeping

and filing reports are explicitly covered in

10 CFR Part 61. Subpart B of 10 CFR

Part 61 addresses licensing procedures,

and Subpart F addresses participation by

State governments and Indian Tribes.

4.5J Licensing Procedures

Part 61 of 10 CFR includes licensing

procedures that were developed expressly to facilitate licensing of low-level

radioactive waste sites. It specifies requirements at each of the critical steps in

the lifecycle of the site, including issuing

the initial license, major amendments,

operating license renewal, site closure,

license transfer to the custodial governmental agency, and license termination.

(See NUREG-1274.)*

• A license application to dispose

of low-level radioactive wastes

must contain substantial information on a wide range of topics,

including the proposed operator.

It must include a comprehensive

description of the natural features ofthe site; the planned construction, operation, and closure

of the site; and expected wastes to

be accepted for disposal. (See

NUREG-1199.)*

• NRC will review each license application to determine whether

the information, technical analyses, and proposed plans provide

reasonable assurance that the requirements of 10 CFR Part 61

11
will be met, All subsequent licensing actions will involve similar NRC findings. (See

NUREG-1200.)*

• Proposed and final site closure

plans are required.

• If the site operator prematurely

stops accepting wastes, he remains responsible for the site and

disposed wastes until closure is

completed and the governmental

agency assumes the responsibility

for institutional control.

4.5.2 Participation by State Governments and Indian Tribes

Under 10 CFR Part 61, States and Indian Tribes which may be affected by a

planned low-level radioactive waste disposal site may submit a proposal for participating in the review of the license application. The proposal must contain:

• a list of issues which the State or

Tribe wishes to review,

• a proposed schedule,

• the process that the State or Tribe

would follow to encourage local

governments and citizens to participate in the review, and

• the expected impact of the facility

on the State or Tribe.

"See the Reference section.

After review of the proposal, NRC may

approve all or part of the proposal to participate.

4.5.3 Other NRC Regulations

A number of NRC regulations other

than 10 CFR Part 61 apply to the transport and disposal of low-level radioactive

wastes.

10 CFR Part 2 "Rules of Practice for

Domestic Licensing Proceedings" contains agency legal and

procedural requirements for licensing, enforcement, and hearings.

10 CFR Part 19 "Notices, Instructions, and Reports to Workers;

Inspections" provides for informed radiation workers.

10 CFR Part 20 "Standards for Protection against Radiation" is the

basic regulation for protection of

workers and the general public

from harmful radiation exposures, including those from waste

disposal.

10 CFR Part 21 "Reporting of Defects and Noncompliance" adds

to quality assurance conficence

for vendor products.

10 CFR Part 51 "Environmental

Protection Regulations for Domestic Licensing and Related

Functions" addresses NRC's

12
compliance with NEP A and the

regulations of the Council on Environmental Quality.

10 CFR Part 71 "Packaging and

Transportation of Radioactive

Material" addresses NRC and

U.S. Department of Transportation (DOT) requirements for

transportation.

10 CFR Part 150 "Exemptions and

Continued Regulatory Authority

in Agreement States and in Offshore Waters under Section 274"

governs the Agreement State

program.

10 CFR Part 170 "Fees for Facilities

and Materials Licenses and Other

Regulatory Services under the

Atomic Energy Act of 1954, as

Amended" covers fee requirements for NRC licensees and applicants.

4.5.4 Manifests and Generator

Responsibilities

Part 61 of 10 CFR addresses the disposal

site and its operation. The waste generators and waste management firms playa

key role in achieving safe disposal. It is

important to get the wastes safely to the

disposal sites and in the right form for

disposal. Accurate information on the

wastesis important in both handling and

disposal. To meet this need, a manifest

system was developed in parallel with

10CFR Part 61 and added to the waste

disposal section of 10 CFR Part 20.

• The shipper must prepare a

manifest for each shipment. The

manifest is used to track the shipment from the waste generator to

emplacement at the site. If all or

part of a shipment is missing, the

shipper must investigate and resolve the matter and report the

results to NRC.

• The waste generator must comply with the waste classification

and waste form requirements in

10 CFR Part 61.

• The waste generator must have a

quality control program to back

up the waste form and classification certifications made to the disposal site operator.

5. HISTORY AND BACKGROUND

5J The LQW-Level Radioactive

Waste Policy Act of 1980

(PL. 96-573)

In 1979,two ofthe three operating facilities--in Hanford, Washington and

Beatty, Nevada--were temporarily

closed and the third site-s-at Barnwell,

South Carolina--reduced the annual

volume of waste that it would accept by

50 percent. These actions by the host

States were due primarily to a series of

transportation and packaging incidents.

These three States with operating sites

made it clear that they would not continue to accept all the nation's low-level

radioactive wastes. Initially, the U.S.

Congress considered a Federally ori13
ented solution to the problem of assuring

adequate low-level waste disposal capacity.

Eventually, however, in response to policy recommendations from State-supported organizations, including the National Governors' Association and the

National Conference of State Legislatures, the Low-Level Radioactive Waste

Policy Act of 1980 was enacted.

The 1980 Act made each State responsible for providing disposal capacity for

low-level radioactive wastes generated

within its border. It:

• encouraged States to form regional compacts to collectively

meet their obligations to provide

for disposal capacity, and

• allowed those compacts ratified

by Congress to exclude waste generated outside their borders, beginning on January 1, 1986.

5.2 The Low-Level Radioactive

Waste PolicyAmendments

Act of 1985 (PL. 99-240)

By late 1984, it was evident that regions

without waste sites were not progressing

rapidly enough to have new facilities operating by the deadline of 1986. A

change in the law appeared necessary in

order to allow time for the construction

of the additional disposal sites foreseen

in the 1980 Act.

After extensive negotiations between

representatives of the three States with

operating disposal sites and the fortyseven unsited States, a consensus was

reached which enabled congress to pass

the.Low-Level Radioactive Waste Policy

Amendments Act of 1985.

The Aareement. The sited States of

Washington, Nevada and South Carolina

agreed to continue to make their sites

available to the entire country for an additional seven years--but only if the unsited States and regions showed specific

progress toward developing new disposal

capacity.

The final date when sited States could exclude waste from outside their regional

borders was extended to January 1993.

In exchange, the unsited States and regions are required to meet a series of

specific dates--or milestones (regarding

disposal site development)--if the generators of those States are to avoid economic penalties and possible loss of access to operating disposal sites.

The Amendments Act also:

• specifies precisely which categories oflow-Ievel radioactive waste

are a State responsibility;

• establishes volume ceilings for individual nuclear reactors and for

operating disposal sites;

• makes the Federal government

responsible for disposing of commercial low-level radioactive

waste exceeding Class C concentration limits.

14
• In addition, !he Amendments Act

requires NRC to establish procedures for:

• licensing disposal technologies

other than shallow land burial;

• reviewing petitions to allow certain wastes to be classified as below regulatory concern; and

• licensing new sites in a timely

fashion.

5.3 Coneressional AJlgroval

of Compacts

When Congress approved the LowLevel Radioactive Waste Policy Amendments Act in December 1985, it also approved seven pending regional compacts.

Subsequent low-level radioactive waste

compacts must also be ratified by Congress.

5.4 Other Governmental Agencies in Low-Level Radioactive Waste Management

A number of other Federal and State

agencies play important roles in developing and implementing standards and

regulations governing commercial lowlevel waste management.

5.41 EPA

EPA has the authority to develop general

environmental protection standards and

Federal radiation protection guidelines

for releases of radioactivity to the general

environment and for exposures of workers and members ofthe public. NRC and

Agreement States implement EP A's

general environmental standards

through regulations and licensing actions. When EP A standards for lowlevel radioactive waste management are

issued, NRC will have to amend 10 CFR

Part 61 if it does not comply with the

EP A standards, and may have to amend

other regulations, also, depending on the

content of the final EP A standards for

low-level wastes. EPA hopes to issue

proposed standards in 1988. Currently,

only EP A's Clean Air Act standards in

40 CFR Part 61 would apply to waste

disposal site releases.

5.4.2 U.S. Department of Energy

(DOE)

DOE, as provided in the 1985 LowLevel Radioactive Waste Policy Amendments Act, provides technical assistance

and information to States and regional

compacts on:

• alternative low-level radioactive

waste disposal technology designs,

• volume reduction options,

• transportation practices for shipment of low-level radioactive

waste,

• health and safety considerations

for managing low-level radioactive waste, and

15
• computerized data bases to monitor the management of low-level

radioactive waste.

DOE must submit an annual progress

report to Congress on the status of regional and State efforts to site and license

low-level radioactive waste facilities.

DOE has acknowledged that it is the

Federal agency responsible for disposal

of low-level radioactive wastes which

contain radionuclides in concentrations

exceeding Class C limits in 10 CFR

Part 61.

5.4.3 DOT

DOT develops and enforces regulations

addressing vehicles, drivers, and packages for transport of all hazardous materials, including radioactive materials.

NRC also regulates these activities for

radioactive materials. Through a Memorandum of Understanding, NRC and

DOT have delineated their responsibilities. NRC regulates packaging for

wastes containing relatively high

amounts of materials to assure safety and

safeguards in transport. DOT addresses

all other aspects of transport.

5.5 States

5.5J NRC's Agreement State

Program

Under Section 274 of the Atomic Energy

Act, NRC can relinquish to the States

portions of its regulatory authority.

States may assume authority for Iicensing and regulating byproduct materials

(fission and activation products), mill

tailings, source material (the raw materials of nuclear energy), and small quantities of special nuclear material (fissile

materials). An agreement between the

Governor of the State and the Commission allows States to assume this authority--hence the term "Agreement State."

As of the beginning of 1988,twenty- nine

States have entered into agreements with

NRC and now regulate over 65 percent

of the 20,000 licensees using byproduct,

source, and small quantities of special

nuclear material in the United States. In

1981, the Commission determined that

limited agreements for regulation of

low-level radioactive waste disposal sites

alone were acceptable.

Each Agreement provides that the State

will use its best efforts to maintain continuing compatibility with the NRC's

regulatory programs. States which plan

to license new disposal sites must adopt

most of the nonprocedural parts of

10 CFR Part 61 to maintain compatibility. All Agreement States must adopt the

manifest system in 10 CFR Part 20 to

cover waste generators in the State.

NRC maintains a continuing relationship with each Agreement State to assure

continued compatibility; however, States

are independent regulatory authorities

under the Agreements. In making licensing decisions, States may take local

conditions into account as long as the

program remains compatible and adequate to protect the public health and

safety.

16
5.5.2 Other State Roles

• States may be authorized by certain Federal agencies to implement Federal laws and regulations which may affect low-level

radioactive waste management.

For example, under EPA programs, States are generally responsible for implementing and

enforcing the requirements associated with the Clean Air and

Clean Water Acts. Over forty

States have been authorized by

EP A to administer at least parts

of the Resource Conservation

and Recovery Act (RCRA) requirements governing hazardous

wastes. (However, these authorizations do not involve EPA relinquishing authority as NRC does

for Agreement States.)

• Consistent with compact responsibilities, State legislatures have

established agencies responsible

for the siting, development, and

operation of low-level waste sites.

• States may also negotiate or impose requirements at the sites as

landowners of the sites, or longterm custodians.

• As of October 1987, seven regional compacts had been approved by various State legislatures and Congress. These regional compacts, directed by

Commissioners appointed by the

governors of each of the compact's member States, are responsible for activities such as developing compact plans, selecting

host States, and controlling import and export of wastes in their

regions. The compact Commissions have no licensing authority

over low-level radioactive waste

management.

5.6 Local Governments

The role of local governments in lowlevel radioactive waste management is

not addressed in Federal low-level radioactive waste laws or regulations. Host

State legislation on facility siting may

provide a role for local governments

which can range from the creation of a

local oversight committee to community

choice of technology and a site operator.

6. OTHER ISSUES

6J Alternative Technolpzies

Part 61 of 10 CFR establishes the basic

framework for licensing any land disposal of low-level radioactive wastes.

However, the specific technical requirements and focus were on near-surface

disposal. Part 61 of 10 CFR was developed in anticipation that the next sites

would use this technology. The term

"near-surface" was used to emphasize

that the conventional practices of the

50's and 60's was not intended. No endorsement of a technology was intended,

and reserve sections were included for

later use, if needed for technologies

other than near-surface disposal.

• Conceptual methods of near-surface disposal considered as alter17
natives to 10 CFR Part 61 enhanced shallow land burial include below- ground vaults,

above-ground vaults, earth

mounded concrete bunkers,

shafts, and modular concrete canisters; other land disposal options

include deeper disposal at intermediate or deep mine depths.

• NRC does not plan to add technical requirements for alternative

methods to 10 CFR Part 61, because 10 CFR Part 61 may be

used to license near-surface

methods that use engineered barriers or structures without

change. However, guidance for

licensing alternative methods is

being developed, and NRC is focusing on guidance development

for methods that use engineering

materials with earth cover (e.g.,

below-ground vaults).

• NRC published NUREG-1241,

"Technical Position Statement on

Licensing of Alternative Methods

of Disposal for Low-Level Radioactive Waste," to provide technical guidance and policies for applying 10 CFR Part 61 to alternatives.

6.2 StQra~e

Generators usually store their low-level

radioactive wastes for one of two reasons: (1) to allow the short-lived

radio nuclides to decay to innocuous levels so that the wastes can be disposed of

only according to their nonradiological

properties (termed "hold-for-decay"

disposal); and (2) to provide short- term

contingency protection in case of limited

access to disposal sites. Storage is not addressed by 10 CFR Part 61. Storage is

regulated as an operational matter subject to the same requirements to protect

public health and safety and the environment as other operations. Short-term

storage is approved under the operating

regulations such as 10 CFR Part 50 for

nuclear reactors, or 10 CFR Part 30 for

industrial licensees, and long-term storage is approved under 10 CFR Parts 30,

40, and 70.

• The "hold-for-decay" practice is

common among medical and academic institutions which typically

generate small volumes of wastes

containing discrete radio nuclides

having very short half-lives (e.g.,

days). Hold-for-decay of wastes

that contain long-lived

radionuclides such as most reactor wastes is not considered practical due to factors such as: larger

volumes; wide variety in physical

and chemical form and

radio nuclide content; the long

storage times needed for decay;

and the dollar and exposure costs

of dealing with surveys and sorting.

• In Generic Letters to licensees

81-38 dated November 10, 1981

and 85-14 dated August 1, 1985,

NRC stated its policy that licensees should continue to ship

wastes for disposal at existing

sites to the maximum extent practicable. NRC recognized the po18
tential need for interim contingency measures and provided

guidance for approving storage.

However, NRC expressed concerns about storage, including:

storage becoming de facto disposal; distraction of reactor management from the safe operation

or construction of the reactor if

wastes not generated by the facility were accepted; impacts on

State efforts to develop disposal

capacity; and the potential for

package and waste disintegration.

• NRC views long-term storage of

wastes for more than five years as

a significant safety and environmental matter and requires specific application and approval so

that factors such as impacts on

operations and effluent releases,

effects of accidents or fires, financial assurances, and arrangements for final disposal can be

evaluated.

• Storage must allow for wastes to

be readily retrieved. Waste

retrievability as a design option at

disposal sites is neither required

nor prohibited by 10 CFR

Part 61. Retrievability should not

compromise the ability to meet

the performance objectives.

7. QUESTIONS AND

ANSWERS

Why doesn't NRC prohibit the release of

all radioactivity from low-level radioactive waste disposal facilities?

There is no way to guarantee

that any disposal facility, for

any waste, will not release

some amount of radioactivity.

The NRC designed the

10 CFR Part 61 regulations to

limit the releases of radioactivity from the site to levels which

present an acceptable risk to

the general public.

Why didn't NRC require that the disposal facility remain under constant care,

until there was no chance of any exposure to an inadvertent intruder?

No structure or site can be

guaranteed to contain lowlevel radioactive waste in perpetuity. Given the fact that facilities deteriorate and human

institutions may not maintain

complete control, NRC chose

to rely on the more realistic requirements of 100 years of institutional care, coupled with

specific site characteristics,

waste packaging, design of the

facility, and limits on the

amounts and concentrations of

radioactivity accepted at the

19
site. to protect public health

and safety:

Won't future low-level radioactive waste

disposal sites fail as some past sites have?

Three commercial low-level

radioactive waste disposal facilities - at Maxey Flats. Kentucky; Sheffield. Illinois; and

West Valley. New York -

have been closed prematurely

for a variety of reasons.

These sites have experienced

subsidence and slumping of

trench covers. as wastes and

trench covers have consolidated. and as voids in the

waste packages and in the soil

backfill between packages have

filled. Water has accumulated

in the trenches (i. e.. the

"bathtub" effect). and offsite

movement of radioactivity by

varying pathways has occurred.

The lack of stability and water

accumulation resulted in large

uncertain maintenance costs

that were not anticipated in

planning for the long-term

care of the sites by the States.

Part 61 of 10 CFR is directed

at preventing past problems experienced at the sites. The

rule requires technical. institutional. and financial planning

for long-term care throughout

the life cycle of the site. beginning with site selection and design.

Does 10 CFR Part 61 apply to the sites

currently operating in Washington. Nevada, and South Carolina?

No. Existing NRC disposal site

licensees were exempted from

10 CFR Part 61. with the expectation that the provisions

would be imposed. to the extent practicable. through license conditions. Part 61 of

10 CFR as a NRC regulation

does not legally apply to

Agreement State licensees.

(Agreement States must adopt

state regulations for them to

apply. Since NRC exempted

existing licensees. Washington.

Nevada and South Carolina

were not required re adopt

regulations for the existing

sites.) The three operating

sites are located in Agreement

States. and NRC licenses only

the disposal of special nuclear

material at two of the three.

The exemption for existing licensees applied to the two

NRC licenses. However. the

waste classification and waste

form requirements were implemented for receipt and disposal of wastes at the sites.

through State and NRC license

conditions. as the waste requirements became effective

on NRC licensed waste generators. NRC and the States are

working together to implement

the remaining requirements of

10 CFR Part 61 in the State

and NRC licenses.

20
How is 10 CFR Part ~1 enforced?

Before operation of a new site.

NRC will review the information submitted by the applicant

and grant a license only if the

proposed activities will be in

compliance with the regulation. The license granted will

contain specific conditions designed to ensure that the regulation will continue to be met

at the site. NRC will inspect

the site before the initial receipt of wastes. and periodically during operations. to determine continued compliance

with the regulation and implementing licensing conditions.

For existing sites. NRC inspects for compliance with license conditions which impose

10 CFR Part 61 provisions. on

a site-specific basis. If violations are discovered. NRC has

a range of options available to

correct the situation. For example. NRC may negotiate. issue violation notices. issue orders. impose civil penalties. refer the situation to the Department of Justice for criminal action. or revoke the license to

operate.

NRC also inspects the waste

generator's activities and quality control program to ensure

that the NRC licensed generators are meeting the waste

form and classification requirements. These requirements

have been in effect on NRC licensees since December 1983.

What methods are used to stabilize Class

B and Class C wastes to achieve a

3OG-year design life?

Part 61 of 10 CFR allows the

use of processing. containers.

structures. or the waste form itself to provide stability. This

offers a waste generator flexibility for managing various

waste streams in a costeffective manner. The most

prevalent ways of meeting the

stability requirements are by

solidification of liquid wastes

using cement. vinyl ester styrene. or asphalt media. or by

use of HICs.

Does 10 CFR Part 61 permit transuranic elements to be disposed of in a

near-surface low-level radioactive waste

disposal facility?

Yes. All three classes of waste

may contain transuranic elements. NRC's classification

system contains exposurebased concentrations for specific radionuclides such as

transuranics. and is not based

on their arbitrary presence or

absence. If waste material

contains more than 100

nanocuries of long-lived transuranic elements per gram. it is

considered unsuitable for routine disposal. The 100

nanocurie limit is the upper

21
limit for Glass C wastes and

wastes exceeding this limit are

now a Federal disposal responsibility.

Why doesn't NRC require that Class A

wastes be stabilized?

Stability of all wastes is the

most desirable option when

cost effectiveness, impacts on

small operations, and practicality are not considered.

However, medical research,

university research, and smallscale industrial research would

be significantly affected by

such a requirement. Analyses

demonstrated that if relatively

innocuous unstable Class A

waste is sufficiently segregated

from the higher activity waste

established as Class Band

Class C, stabilization is not required to meet the performance objectives. Part 61 of

10 CFR encourages waste

treatment, and NRC policy

urges volume reduction; these

activities tend to reduce the

unstable properties of Class A

waste.

Since detectable radioactivity remains at

a low-level waste disposal site long after

500 years (e.g., some radio nuclides have

half-lives of 100,000 years or more), why

is a design life of 500 years established for

intruder protection measures?

Pathway analyses demonstrated that sufficient decay of

the short-lived isotopes would

occur in 500 years to enable

the performance objectives to

be met without further reliance

on the protection measures.

In view of the difficulty in projecting performance of engineered features and materials,

it is prudent not to rely on barriers indefinitely. Maximum

concentration limits are set for

all wastes, so that remaining

activity will be at a level that

does not pose an unacceptable

hazard to an inadvertent intruder or to the public health

and safety.

Is an environmental impact statement

(EIS) required to obtain a license for a

low-level waste disposal site?

Yes. Part 51 of 10 CFR requires that an EIS be prepared

by NRC for licenses granted

under 10 CFR Part 61. However, Agreement State requirements vary regarding the need

for the preparation of a document equivalent to an EIS.

The NEP A applies only to

Federal actions.

Are formal hearings required in the licensing process for a new site?

No. Formal hearings are not

required. However, they may

be requested under 10 CFR

Part 2 and granted if requesters raise issues of merit. Informal and informational hearings

may also be held upon request

or upon NRC initiative. The

22
State and compact siting processes, the scoping process for

NRC's EIS, and comment on

the draft EIS and draft licensing documents provide other

opportunities for identification

and resolution of public issues.

Why doesn't 10 CFR Part 61 take into

account active maintenance past the

closing of the site?

Custodial care involving minor

maintenance activities such as

minor repairs of unstable Class

A areas or repairs to fences

will take place as needed during the period of licensed institutional control. The longterm care fund established can

and will provide monies for

these limited activities.

Part 61 of 10 CFR assumes

that this licensed period involving minor maintenance and access controls will not last for

longer than 100 years. The

post-closure observation and

maintenance period required

before transfer of the site for

custodial care will provide additional assurances that only

minor maintenance will be required. The combination of

siting, site design and operation' site closure, and waste

form requirements in 10 CFR

Part 61 are aimed at eliminating the need for active maintenance (e.g., pumping and

treating water that has been in

contact with the wastes) after

the site closes. Predicting the

costs for significant remedial

maintenance activities in perpetuity and assuring the availability and use of funds to perform such maintenance is difficult. Part 61 of 10 CFR limits

this uncertainty and minimizes

the expected long-term costs

and societal burden.

Are there any other versions of 10 CFR

Part 61?

10 CFR Part 61 is the Federal

regulation which applies to the

licensing of commercial lowlevel wastes sites in nonAgreement States. Agreement

States licensing such sites must

have compatible regulations in

place. To assist States in issuing their regulations, the Conference of Radiation Control

Program Directors prepares

suggested State regulations

based on Federal regulations.

NRC reviews these suggested

State regulations and each

State's proposed and final

regulations for compatibility.

State regulations frequently

differ in procedural aspects

from NRC's regulations, and

other variations may exist.

However, the key features of

10 CFR Part 61, such as the

performance objectives and

minimum technical requirements, are expected to be essentially identical. However,

for areas not addressed or areas where alternatives are an

23
integral part (e.g .• for waste

form). State regulations or license conditions may be more

stringent. provided overall

compatibility is maintained.

Who is responsible for and regulates Defense low-level radioactive wastes?

Defense wastes are generally

wastes that are generated or

owned by DOE and generated

by research and development

and other atomic weapons program activities. They are the

Federal government's responsibility under Section 3 of the

Low-Level Radioactive Waste

Policy Amendments Act and

are normally disposed of at

DOE disposal sites. NRC has

no regulatory authority over

the disposal of these wastes.

and 10 CFR Part 61 does not

apply. EPA regulates the

wastes as hazardous. if they

qualify as mixed wastes.

8. GLOSSARY OF TERMS

"Above-ground vaults" are engineered

disposal units on a foundation near the

ground surface. At least part of the

structure or building would be above the

final postclosure surface grade.

"Active maintenance" means any significant remedial activity needed during the

period of institutional control. It includes ongoing activities such as the

pumping and treatment of water from

disposal units, or one-time measures

,

such as replacement of a disposal unit

cover.

"Agreement State" means any State with

which the NRC or the Atomic Energy

Commission has entered into an effective agreement under Subsection 274b of

the Atomic Energy Act.

"Alternative technologies" are disposal

technologies for land disposal of lowlevel radioactive waste other than enhanced shallow land burial (called nearsurface disposal in 10 CFR Part 61). Alternate technologies generally employ

engineered structures and barriers.

Technologies considered to be within the

framework of 10 CFR Part 61 include

below-ground vaults, above- ground

vaults, earth-mounded birnkers, shaft

disposal, and mined cavity disposal.

"ALARA" is an acronym for "as low as

reasonably achievable" and means making every reasonable effort to maintain

exposures and releases below established

limits, as is practicable, consistent with

the particular use. ALARA decisions

should take into account the state of the

technology, the costs in relationship to

public health and safety benefits to be

gained, and other societal benefits of the

use of atomic energy.

"Background radiation" is radiation that

occurs in the natural environment and

includes cosmic rays and naturally radioactive elements in soil. Background varies depending on local conditions. In the

United States, levels vary from 100 to 200

millirems per year, excluding exposures

to radon.

24
"Below-ground vaults" are engineered

disposal units that are built to remain below the final surface grade at the site.

"Below regulatory concern" (BRC)

wastes are wastes with radioactive content so low that unregulated release or

disposal does not pose an unacceptable

risk to public health or safety.

"Buffer zone" is a portion of the disposal

site that is controlled and lies under the

disposal units and between the disposal

units and the boundary of the site.

"Byproduct material" has two legal definitions: (1) any radioactive material (except special nuclear material) resulting

fromproduction or use of special nuclear

material, and (2) uranium or thorium

milltailings and associated wastes.

"Code of Federal Regulations" (CFR) is

a codification of the rules which have

been published by the executive departments and agencies of the Federal government. The CFR is divided into titles,

representing broad subject areas, and

chapters and parts. For example,

10CFR Part 61 is codified under Title 10 "Energy," Chapter I, "Nuclear

Regulatory Commission," and Part 61,

"Licensing requirements for land disposal of radioactive waste."

A "compact" means an agreement entered into by two or more States under

theLow-Level Radioactive Waste Policy

Amendments Act of 1985. Compacts

must be ratified by state legislatures and

signedby the governors of the member

States and then approved by Congress.

A "curie" is a unit to measure the rate of

radioactive decay. It is roughly equivalent to the radioactivity in one gram of radium-226 and is defined as 37 billion disintegrations per second. A nanocurie is

one billionth of a curie.

"Disposal" is defined in the Low-Level

Radioactive Waste Policy Amendments

Act to mean the permanent isolation of

low-level radioactive waste pursuant to

the requirements established by NRC or

the licensing Agreement State.

"Disposal unit" means a discrete portion

of the disposal site into which waste is

placed for disposal.

"Disposal site" means that portion of a

land disposal facilitywhich is used for disposal of wastes. It consists of disposal

units and a buffer zone.

"Earth-mounded bunkers" are disposal

technologies which may include both

above-ground and below-ground construction and which include earthen covers.

"Greater than Class C wastes" are wastes

containing concentrations of

radio nuclides which exceed the Class C

limits established in 10 CFR Part 61.

"Half-life" is the unit of time it takes a

radioactive material to lose half of its radioactivity through decay.

"Inadvertent intruder" means a person

who might occupy the disposal site after

closure and engage in normal activities,

such as agriculture, building a house, or

other pursuits in which the person might

be unknowingly exposed to radiation

from the waste.

25
"Institutional control period" means the

period of time following closure of the

site during which the State or Federal

land owner must control access to the

site; conduct environmental monitoring;

and conduct other custodial activities

such as repair of fencing, repair or replacement of monitoring equipment,

revegetation, minor repairs to soil covers

or the disposal units, and general upkeep

such as mowing grass.

"Low-level radioactive waste" is defined

in the Low-Level Radioactive Waste

Policy Amendments Act to mean radioactive material subject to NRC regulation that is not high-level waste, spent

fuel, or milltailings and which NRC classifies as low-level radioactive wastes.

NRC regulates source, byproduct, and

special nuclear materials.

"Manifest" means the document prepared by the generator or shipper of

waste, which contains information about

the waste, including the volume and radioactive content, as well as its origin and

destination.

"Mined cavity" includes cavities developed in the removal of natural resources

and does not mean a high-level waste repository.

"NARM" derives from Naturally-occurring or Accelerator-produced Radioactive Material. The major isotope of concern isradium. NARM is a State responsibility and is not regulated by NRC.

A "near-surface disposal facility" means

a land disposal facility in which radioactive waste is disposed of in or within the

upper 30 meters of the earth's surface.

"Radionuclide" is a species of atom that

emits radiation.

"Rem" is a unit of radiation dose which is

used to measure the biological effectiveness of the dose. A millirem is equal to

1/1000 of a rem.

"Shaft" disposal refers to a disposal technology in which wastes would be disposed of in shafts or boreholes augered,

bored, or sunk by conventional construction means.

"Shallow land burial" generally means

the land disposal of wastes, as practiced

before the late 1970's, in shallow earth

trenches with clay or soil covers.

"Source material" means uranium or

thorium or any other material which the

NRC determines to be source material,

and ores containing these materials.

"Special nuclear material" is plutonium,

uranium-233, uranium enriched in the

isotopes 233 or 235, and any other material that NRC determines to be special

nuclear material, other than source material.

"Storage" means retention of waste, before disposal, in a manner that allows for

surveillance, control, and subsequent retrieval for transport and disposal.

"Transuranic element" (TRU) is an element having an atomic number higher

than 92. EPA and DOE use the term

"transuranic waste" to mean wastes containing more that 100 nanocuries of al26
pha-emitting transuranic isotopes per

gram.

9. REFERENCES

"10 CFR 61" (text, final rule), ~-

eral Rel:ister, Vol. 47, No. 248, December 27, 1982, pages 57446-57477.

"Final Environmental Impact Statement

on 10 CFR Part 61." U.S. NRC, November 1982, (NUREG-0945, Vols. 1-3),

available from the National Technical

Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal

Road, Springfield, Virginia 22161 or the

U.S. Government Printing Office (GPO)

by calling (202)275-2060 or bywriting to

the U.S. Government Printing Office,

P.O. Box 37082, Washington DC

20031-7082.

"Draft Enviornmental Impact Statement

on 10 CFR Part 61." U.S. NRC, September 1981, (NUREG-0945, Vols.

1-4), available from GPO or NTIS. Note

that both the draft and final statements

should be consulted for background and

completeness.

"The Nuclear Waste Primer; A Handbook for Citizens." The League of

Women Voters Education Fund 1985.

Nick Lyons Books, distributed by

Schoken Books, 62 Cooper Square, New

York, New York 10003.

"The Low-Level Radioactive Waste

Handbook; A User's Guide to the LowLevel Radioactive Waste Policy Amendments Act of 1985." National Governors' Association Center for Policy Research, November 1986, NGA, 444

North Capital Street, Washington DC

20001.

"Licensing of Alternative Methods of

Disposal of Low-Level Radioactive

Waste," U.S. NRC, December 1986,

(NUREG-1241), available from GPO or

NTIS.

"The Role of the State in the Regulation

of Low-Level Radioactive Waste," U.S.

NRC, March 1983, (NUREG-0962),

available from GPO or NJ1S.

"Review Process for Low-Level Radioactive Waste Disposal License Application under Low-Level Radioactive

Waste Policy Amendments Act," U.S.

NRC, August 1987, (NUREG-1274),

available from GPO or NTIS.

"Plans and Schedules for Implementation of U.S. Nuclear Regulatory Commission Responsibilities under the LowLevel Radioactive Waste Policy Amendments Act of 1985 (P.L. 99-240)," U.S.

NRC, August 1987, (NUREG-1213,

Rev. 1) available from GPO or NTIS.

Note that this document contains a comprehensive list of NRC low-level waste

publications in Appendix E and copies of

the Act and key NRC Federal Rel:ister

notices.

"Standard Format and Content of a license application for a Low-Level Radioactive Waste Disposal Facility," U.S.

NRC, January 1987 (NUREG-1199),

available from GPO or NTIS.

"Standard Review Plan for the review of

a license application for a Low-Level

Radioactive Waste Disposal Facility,"

U.S. NRC, January 1987

27
(NUREG-1200), available from GPO or

NTIS. •

10. NRC CONTACTS FOR

FURTHERlNFORMATlON

Division of Low-Level Waste

Management and

Decommissioning

NMSS

u.S. Nuclear Regulatory Commission

Washington, DC 20555

(301)492-3342

Public Affairs

u.S. Nuclear Regulatory Commission

Washington, DC 20555

(301)492-7715

State, Local and Indian Tribes Programs

GPA

u.S. Nuclear Regulatory Commission

Washington, DC 20555

(301)492-0326

State Liaison Officer

Region I

475 Allendale Road

King of Prussia, PA 19406

(215)337-5246

State & Government Affairs Staff

Director

Region II

101 Marietta Street NW, Suite 2900

Atlanta, GA 30323

(404)331-5597

State and Government Affairs Director

Region III

799 Roosevelt Road

Glen Ellyn, IL 60137

(312)790-5666

State Liaison Officer

RegionW

Parkway Central Plaza Building

611 Ryan Plaza Drive, Suite 1000

Arlinngton, TX 76011

(817)860-8267

State Liaison Officer

Region V

1450 Maria Lane, Suite 210

Walnut Creek, CA 94596

(415)943-3714

28

u.s. GOVERNMENT PRINTING OfACE: 1989 0-941·375
NUREG/BR-0121