ADVANCE \y120**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.  

2401‐01PURPOSE

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.

2401‐02OBJECTIVES

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

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

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

2401‐03PROGRAM 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

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.

2401‐04PROGRAM DESCRIPTION

04.01General.  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.

04.02Adjustments.  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.

04.03Decrease 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:

a. 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 

b. 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.)

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.

04.04Inspection 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.

2401‐05REVIEW 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.

2401‐06REGIONAL 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 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.

2401‐07INSPECTION DURING VARIOUS PHASES OF FACILITY LIFE

07.01Part 1 ‐ Inspection During the Construction Phase

This section is reserved for future use.

07.02Part II ‐ Inspection During the Pre‐Operations Phase

This section is reserved for future use.

07.03Part 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 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 19Notices, Instructions, and Reports to Workers: Inspection and Investigations

10 CFR Part 20Standards for Protection against Radiation

10 CFR Part 61Licensing Requirements for Land Disposal of Radio​logical Waste

10 CFR Part 70Domestic Licensing of Special Nuclear Material

10 CFR Part 73Physical 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.

07.04Part 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.

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 20Standards for Protection against Radiation

10 CFR Part 61Licensing Requirements for Land Disposal of Radio​active Waste

10 CFR Part 70Domestic 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.

07.05Part V ‐ Inspection During the Post‐Closure Phase

This section reserved for future use.

END

2401- 4 -Issue Date:  11/27/01

Issue Date:  11/27/0112401