Comparison between Current Rule Language and 

Rule Language in Proposed Rule, "Low-Level Radioactive Waste 

Disposal” (80 FR 16082)

[10 CFR Part 61 Language Comparison Only]

(3/26/15)

PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE

Subpart A—General Provisions

Sec.

61.1 Purpose and scope.

61.2 Definitions.

61.3 License required.

61.4 Communications.

61.5 Interpretations.

61.6 Exemptions.

61.7 Concepts.

61.8 Information collection requirements: OMB approval.

61.9 Employee protection.

61.9a Completeness and accuracy of information.

61.9b Deliberate misconduct.

Subpart B—Licenses

61.10 Content of application.

61.11 General information.

61.12 Specific technical information.

61.13 Technical analyses.

61.14 Institutional information.

61.15 Financial information.

61.16 Other information.

61.20 Filing and distribution of application.

61.21 Elimination of repetition.

61.22 Updating of application.

61.23 Standards for issuance of a license.

61.24 Conditions of licenses.

61.25 Changes.

61.26 Amendment of license.

61.27 Application for renewal or closure.

61.28 Contents of application for closure.

61.29 Post-closure observation and maintenance.

61.30 Transfer of license.

61.31 Termination of license.
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US/IAEA Safeguards Agreement

61.32 Facility information and verification.

Subpart C—Performance Objectives

61.40 General requirement.

61.41 Protection of the general population from releases of radioactivity.

61.42 Protection of individuals from inadvertent intrusion.

61.43 Protection of individuals during operations.

61.44 Stability of the disposal site after closure.

Subpart D—Technical Requirements for Land Disposal Facilities

61.50 Disposal site suitability requirements for land disposal.

61.51 Disposal site design for land disposal.

61.52 Land disposal facility operation and disposal site closure.

61.53 Environmental monitoring.

61.54 Alternative requirements for design and operations.

61.55 Waste classification.

61.56 Waste characteristics.

61.57 Labeling.

61.58 Alternative requirements for waste classification and characteristicsWaste acceptance.

61.59 Institutional requirements.

Subpart E—Financial Assurances

61.61 Applicant qualifications and assurances.

61.62 Funding for disposal site closure and stabilization.

61.63 Financial assurances for institutional controls.

Subpart F—Participation by State Governments and Indian Tribes

61.70 Scope.

61.71 State and Tribal government consultation.

61.72 Filing of proposals for State and Tribal participation.

61.73 Commission approval of proposals.

Subpart G—Records, Reports, Tests, and Inspections

61.80 Maintenance of records, reports, and transfers.

61.81 Tests at land disposal facilities.

61.82 Commission inspections of land disposal facilities.

61.83 Violations.

61.84 Criminal penalties.

Authority: Atomic Energy Act secs. 53, 57, 62, 63, 65, 81, 161, 181, 182, 183, 223, 234 (42 

U.S.C. 2073, 2077, 2092, 2093, 2095, 2111, 2201, 2231, 2232, 2233, 2273, 2282); Energy 

Reorganization Act secs. 201, 202, 206 (42 U.S.C. 5841, 5842, 5846), sec. 211, Pub. L. 95–

601, sec. 10, as amended by Pub. L. 102–486, sec. 2902 (42 U.S.C. 5851). Pub. L. 95–601, 
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sec. 10, 14, 92 Stat. 2951, 2953 (42 U.S.C. 2021a, 5851); Government Paperwork Elimination 

Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act of 2005, sec. 651(e), Pub. L. 109–58, 

119 Stat. 806–810 (42 U.S.C. 2014, 2021, 2021b, 2111).

Source: 47 FR 57463, Dec. 27, 1982, unless otherwise noted.

[72 FR 55933 Oct. 1, 2007; 72 FR 63974, Nov. 14, 2007; 73 FR 42674, Jul. 23, 2008; 73 FR 

78606, Dec. 23, 2008; 76 FR 72086, Nov. 22, 2011; 77 FR 39907, Jul. 6, 2012]

Subpart A--General Provisions

§ 61.1 Purpose and scope.

(a) The regulations in this part establish, for land disposal of radioactive waste, the procedures, 

criteria, and terms and conditions upon which the Commission issues licenses for the disposal 

of radioactive wastes containing byproduct, source and special nuclear material received from 

other persons. Disposal of waste by an individual licensee is set forth in part 20 of this chapter. 

Applicability of the requirements in this part to Commission licenses for waste disposal facilities 

in effect on the effective date of this rule will be determined on a case-by-case basis and 

implemented through terms and conditions of the license or by orders issued by the 

Commission.

(b) Except as provided in part 150 of this chapter, which addresses assumption of certain 

regulatory authority by Agreement States, and § 61.6 "Exemptions," the regulations in this part 

apply to all persons in the United States. The regulations in this part do not apply to--

(1) Disposal of high-level waste as provided for in part 60 or 63 of this chapter;

(2) Disposal of uranium or thorium tailings or wastes (byproduct material as defined in § 40.4 (a1) as provided for in part 40 of this chapter in quantities greater than 10,000 kilograms and 

containing more than 5 millicuries of radium-226; or

(3) Disposal of licensed material as provided for in part 20 of this chapter.

(c) This part also gives notice to all persons who knowingly provide to any licensee, applicant, 

contractor, or subcontractor, components, equipment, materials, or other goods or services, that 

relate to a licensee's or applicant's activities subject to this part, that they may be individually 

subject to NRC enforcement action for violation of § 61.9b.

[47 FR 57463, Dec. 27, 1982, as amended at 56 FR 40690, Aug. 15, 1991; 63 FR 1898, Jan. 

13, 1998; 66 FR 55791, Nov. 2, 2001]

§ 61.2 Definitions.

As used in this part:

Active maintenance means any significant remedial activity needed during the period of 

institutional control to maintain a reasonable assurance that the performance objectives in §§ 
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61.41 and 61.42 are met. Such active maintenance includes ongoing activities such as the 

pumping and treatment of water from a disposal unit or one-time measures such as 

replacement of a disposal unit cover. Active maintenance does not include custodial activities 

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

additions to soil cover, minor repair of disposal unit covers, and general disposal site upkeep

such as mowing grass.

Buffer zone is a portion of the disposal site that is controlled by the licensee and that lies under 

the disposal units and between the disposal units and the boundary of the site.

Chelating agent means amine polycarboxylic acids (e.g., EDTA, DTPA), hydroxy-carboxylic 

acids, and polycarboxylic acids (e.g., citric acid, carbolic acid, and glucinic acid).

Commencement of construction means any clearing of land, excavation, or other substantial 

action that would adversely affect the environment of a land disposal facility. The term does not 

mean disposal site exploration, necessary roads for disposal site exploration, borings to 

determine foundation conditions, or other preconstruction monitoring or testing to establish 

background information related to the suitability of the disposal site or the protection of 

environmental values.

Commission means the Nuclear Regulatory Commission or its duly authorized representatives.

Compliance period is the time out to 1,000 years after closure of the disposal facility.

Custodial Agency means an agency of the government designated to act on behalf of the 

government owner of the disposal site.

Defense-in-depth means the use of multiple independent and redundant layers of defense such 

that no single layer, no matter how robust, is exclusively relied upon. Defense-in-depth for a 

land disposal facility includes, but is not limited to, the use of siting, waste forms and 

radionuclide content, engineered features, and natural geologic features of the disposal site.

Director means the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 

Regulatory Commission.

Disposal means the isolation of radioactive wastes from the biosphere inhabited by man and 

containing his food chains by emplacement in a land disposal facility.

Disposal site means that portion of a land disposal facility which is used for disposal of waste. It 

consists of disposal units and a buffer zone.

Disposal unit means a discrete portion of the disposal site into which waste is placed for 

disposal. For near-surface disposal the unit is usually a trench.
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Engineered barrier means a man-made structure or device that is intended to improve the land 

disposal facility's ability to meet the performance objectives in subpart C.

Explosive material means any chemical compound, mixture, or device, which produces a 

substantial instantaneous release of gas and heat spontaneously or by contact with sparks or 

flame.

Government agency means any executive department, commission, independent 

establishment, or corporation, wholly or partly owned by the United States of America which is 

an instrumentality of the United States; or any board, bureau, division, service, office, officer, 

authority, administration, or other establishment in the executive branch of the government.

Hazardous waste means those wastes designated as hazardous by Environmental Protection 

Agency regulations in 40 CFR part 261.

Hydrogeologic unit means any soil or rock unit or zone which by virtue of its porosity or 

permeability, or lack thereof, has a distinct influence on the storage or movement of 

groundwater.

Inadvertent intruder means a person who might occupy the disposal site after closure and 

engage in normal activities, such as agriculture, dwelling construction, resource exploration or 

exploitation(e.g., well drilling) or other reasonably foreseeable pursuits that might in which the 

person might be unknowingly exposed the person to radiation from the waste included in or 

generated from a low-level radioactive waste facility.

Intruder assessment is an analysis that: (1) Assumes an inadvertent intruder occupies the site 

and engages in normal activities or other reasonably foreseeable pursuits that are realistic and 

consistent with expected activities in and around the disposal site at the time of site closure and 

that might unknowingly expose the person to radiation from the waste; (2) examines the 

capabilities of intruder barriers to inhibit an inadvertent intruder’s contact with the waste or to 

limit the inadvertent intruder’s exposure to radiation; and (3) estimates an inadvertent intruder’s 

potential annual dose, considering associated uncertainties.

Indian Tribe means an Indian tribe as defined in the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450).

Intruder barrier means a sufficient depth of cover over the waste that inhibits contact with waste 

and helps to ensure that radiation exposures to an inadvertent intruder will meet the 

performance objectives set forth in this part, or engineered structures that provide equivalent 

protection to the inadvertent intruder.

Land disposal facility means the land, building, and structures, and equipment which are 

intended to be used for the disposal of radioactive wastes. For purposes of this chapter, a 

"geologic repository" as defined in part 60 or 63 is not considered a land disposal facility.
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License means a license issued under the regulations in part 61 of this chapter. Licensee 

means the holder of such a license.

Long-lived waste means waste containing radionuclides: (1) Where more than 10 percent of the 

initial activity of a radionuclide remains after 10,000 years (e.g., long-lived parent), (2) Where 

the peak activity from progeny occurs after 10,000 years (e.g., long-lived parent –

short-lived progeny), or (3) Where more than 10 percent of the peak activity of a radionuclide 

(including progeny) within 10,000 years remains after 10,000 years (e.g., short-lived parent –

long-lived progeny).

Monitoring means observing and making measurements to provide data to evaluate the 

performance and characteristics of the disposal site.

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.

Performance assessment is an analysis that (1) Identifies the features, events, and processes 

that might affect the disposal system; (2) Examines the effects of these features, events, and 

processes on the performance of the disposal system; and (3) Estimates the annual dose to any 

member of the public caused by all significant features, events, and processes.

Performance period is the timeframe established for considering waste and site characteristics 

to evaluate the performance of the site after the protective assurance period.

Person means (1) any individual, corporation, partnership, firm, association, trust, estate, public 

or private institution, group, government agency other than the Commission or the Department 

of Energy (except that the Department of Energy is considered a person within the meaning of 

the regulations in this part to the extent that its facilities and activities are subject to the licensing 

and related regulatory authority of the Commission pursuant to law), any State or any political 

subdivision of or any political entity within a State, any foreign government or nation or any 

political subdivision of any such government or nation, or other entity; and (2) any legal 

successor, representative, agent, or agency of the foregoing.

Protective assurance period is the period from the end of the compliance period through 10,000 

years following closure of the site.

Pyrophoric liquid means any liquid that ignites spontaneously in dry or moist air at or below 

130F (54.5C). A pyrophoric solid is any solid material, other than one classed as an explosive, 

which under normal conditions is liable to cause fires through friction, retained heat from 

manufacturing or processing, or which can be ignited readily and when ignited burns so 

vigorously and persistently as to create a serious transportation, handling, or disposal hazard. 

Included are spontaneously combustible and water-reactive materials.
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Safety case is a collection of information that demonstrates the assessment of the safety of a 

waste disposal facility. This includes technical analyses, such as the performance assessment 

and intruder assessment, but also includes information on defense-in-depth and supporting 

evidence and reasoning on the strength and reliability of the technical analyses and the 

assumptions made therein. The safety case also includes description of the safety relevant 

aspects of the site, the design of the facility, and the managerial control measures and 

regulatory controls.

Site closure and stabilization means those actions that are taken upon completion of operations 

that prepare the disposal site for custodial care and that assure that the disposal site will remain 

stable and will not need ongoing active maintenance.

State means any State, Territory, or possession of the United States, Puerto Rico, and the 

District of Columbia.

Stability means structural stabillity.

Surveillance means observation of the disposal site for purposes of visual detection of need for 

maintenance, custodial care, evidence of intrusion, and compliance with other license and 

regulatory requirements.

Tribal Governing Body means a Tribal organization as defined in the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450).

Waste means those low-level radioactive wastes containing source, special nuclear, or 

byproduct material that are acceptable for disposal in a land disposal facility. For the purposes 

of this definition, low-level radioactive waste means radioactive waste not classified as highlevel radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined 

in paragraphs (2), (3), and (4) of the definition of Byproduct material set forth in § 20.1003 of this 

chapter. Consistent with the National Defense Authorization Act for Fiscal Year 2013, low-level 

radioactive waste also includes radioactive material that, notwithstanding Section 2 of the 

Nuclear Waste Policy Act of 1982, results from the production of medical isotopes that have 

been permanently removed from a reactor or subcritical assembly, for which there is no further 

use, and the disposal of which can meet the requirements of this part.

[47 FR 57463, Dec. 27, 1982, as amended at 54 FR 22583, May 25, 1989; 58 FR 33891, June 

22, 1993; 66 FR 55792, Nov. 2, 2001; 72 FR 55933 Oct. 1, 2007; 73 FR 5725, Jan. 31, 2008; 

79 FR 75740, Dec. 19, 2014]

§ 61.3 License required.

(a) No person may receive, possess, and dispose of radioactive waste containing source, 

special nuclear, or byproduct material at a land disposal facility unless authorized by a license 

issued by the Commission pursuant to this part, or unless exemption has been granted by the 

Commission under § 61.6 of this part.
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(b) Each person shall file an application with the Commission and obtain a license as provided 

in this part before commencing construction of a land disposal facility. Failure to comply with this 

requirement may be grounds for denial of a license.

§ 61.4 Communications.

Except where otherwise specified, all communications and reports concerning the regulations in 

this part and applications filed under them should be sent by mail addressed: ATTN: Document 

Control Desk; Director, Office of Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, DC 20555–0001; by hand delivery to the NRC's Offices at 

11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for 

example, via Electronic Information Exchange, or CD–ROM. Electronic submissions must be 

made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive 

the submission, and process and retrieve it a single page at a time. Detailed guidance on 

making electronic submissions can be obtained by visiting the NRC’s Web site at 

http://www.nrc.gov/site-help/e-submittals.html; by e-mail to MSHD.Resource@nrc.gov; or by 

writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, 

DC 20555–0001. The guidance discusses, among other topics, the formats the NRC can 

accept, the use of electronic signatures, and the treatment of nonpublic information.

[53 FR 4111, Feb. 12, 1988, as amended at 53 FR 43421, Oct. 27, 1988; 68 FR 58814, Oct. 10, 

2003; 70 FR 69421, Nov. 16, 2005; 72 FR 33386, Jun. 18, 2007; 73 FR 5725, Jan. 31, 2008; 74 

FR 62683, Dec. 1, 2009; 79 FR 75740, Dec. 19, 2014]

§ 61.5 Interpretations.

Except as specifically authorized by the Commission in writing, no interpretation of the meaning 

of the regulations in this part by any officer or employee of the Commission other than a written 

interpretation by the General Counsel will be considered binding upon the Commission.

§ 61.6 Exemptions.

The Commission may, upon application by any interested person, or upon its own initiative, 

grant any exemption from the requirements of the regulations in this part as it determines is 

authorized by law, will not endanger life or property or the common defense and security, and is 

otherwise in the public interest.

§ 61.7 Concepts.

(a) The disposal facility. (1) Part 61 is intended to apply to land disposal of radioactive waste 

and not to other methods such as sea or extraterrestrial disposal. Part 61 contains procedural 

requirements and performance objectives applicable to any method of land disposal. It contains 

specific technical requirements for near-surface disposal of radioactive waste, a subset of land 

disposal, which involves disposal in the uppermost portion of the earth, approximately 30 

meters. Near-surface disposal includes disposal in engineered facilities which may be built 

totally or partially above-grade provided that such facilities have protective earthen covers. 

Near-surface disposal does not include disposal facilities which that are partially or fully abovegrade with no protective earthen cover, which are referred to as "above-ground disposal." Burial 
9

deeper than 30 meters may also be satisfactory. Technical requirements for alternative methods 

may be added in the future. Alternative methods of disposal may be approved on a case-bycase basis as needed under § 61.6.

(2) Near-surface disposal of radioactive waste takes place at a near-surface disposal facility, 

which includes all of the land and buildings necessary to carry out the disposal. The disposal 

site is that portion of the facility which is used for disposal of waste and consists of disposal 

units and a buffer zone. A disposal unit is a discrete portion of the disposal site into which waste 

is placed for disposal. For near-surface disposal, the disposal unit is usually a trench. A buffer 

zone is a portion of the disposal site that is controlled by the licensee and that lies under the site 

and between the boundary of the disposal site and any disposal unit. It provides controlled 

space to establish monitoring locations, which are intended to provide an early warning of 

radionuclide movement, and to take mitigative measures if needed. An early warning allows a 

licensee to perform any mitigation that might be necessary. In choosing a disposal site, site 

characteristics should be considered in terms of the indefinite future, take into account the 

radiological characteristics of the waste, and be evaluated for at least a 500 - year timeframe to 

provide assurance that the performance objectives can be met.

(b) Waste classification and near-surface disposalPerformance objectives. (1) Disposal of 

radioactive waste in near-surfaceland disposal facilities has the following safety objectives: 

protection of the general population from releases of radioactivity, protection of individuals from 

inadvertent intruderssion, and protection of individuals during operations, and. A fourth objective 

is to ensuringe stability of the site after closure. Achieving these objectives depends upon many 

factors including the design of the land disposal facility, operational procedures, characteristics 

of the environment surrounding the land disposal facility, and the radioactive waste acceptable 

for disposal.

(c) Technical analyses. (1) Demonstrating compliance with the performance objectives requires 

assessments of the site-specific factors including engineering design, operational practices, site 

characteristics, and radioactive waste acceptable for disposal. Technical analyses assess the 

impact of site-specific factors on the performance of the disposal facility and the site 

environment both during the operational period, as in the analysis for protection of individuals 

during operations and, importantly for disposal of radioactive waste, over the longer term, as in 

the analyses for protection of the general population from releases of radioactivity, protection of 

inadvertent intruders, and stability of the disposal site after closure. 

(2) A performance assessment is an analysis that is required to demonstrate protection of the 

general population from releases of radioactivity. A performance assessment identifies the 

specific characteristics of the disposal site (e.g., hydrology, meteorology, geochemistry, biology, 

and geomorphology); degradation, deterioration, or alteration processes of the engineered 

barriers (including the waste form and container); and interactions between the site 

characteristics and engineered barriers that might affect performance of the disposal site. A 

performance assessment examines the effects of these processes and interaction on the ability 
10

of the disposal site to limit waste releases and estimates the annual dose to a member of the 

public for comparison with the appropriate performance objective of subpart C of this part.

(3) Inadvertent intruders might occupy the site in the future and engage in normal pursuits 

without knowing that they were receiving radiation exposure. Protection of inadvertent intruders 

can involve two principal controls: institutional control over the site after operations by the site 

owner to ensure that no such occupation or improper use of the site occurs; or, designating 

which waste could present an unacceptable dose to an intruder, and disposing of this waste in a 

manner that provides some form of intruder barrier that is intended to prevent contact with the 

waste. These regulations incorporate both types of protective controls.

(4) The intruder assessment must demonstrate protection of inadvertent intruders through the 

assessment of potential radiological exposures should an inadvertent intruder occupy the 

disposal site following a loss of institutional controls after closure. The intruder can be exposed 

to radioactivity that has been released into the environment as a result of disturbance of the 

waste or from radiation emitted from waste that is still contained in the disposal site. The results 

of the intruder assessment are compared with the appropriate performance objective of subpart 

C of this part. An intruder assessment can employ a similar methodology to that used for a 

performance assessment, but the intruder assessment must assume that an inadvertent 

intruder occupies the disposal site following a loss of institutional controls after closure, and 

engages in activities that unknowingly expose the intruder to radiation from the waste.

(5) Implementation of dose methodology. The dose methodology used to demonstrate 

compliance with the performance objectives of this part shall be consistent with the dose 

methodology specified in the standards for radiation protection set forth in part 20 of this 

chapter. After the effective date of these regulations, applicants and licensees may use updated 

factors incorporated by the U.S. Environmental Protection Agency into Federal radiation 

protection guidance or may use the most current scientific models and methodologies (e.g., 

those accepted by the International Commission on Radiological Protection) appropriate for sitespecific circumstances to calculate the dose. The weighting factors used in the calculation of the 

dose must be consistent with the methodology used to perform the calculation.

(6) Waste with significant concentrations and quantities of long-lived radionuclides may require 

special processing, design, or site conditions for disposal. Demonstrating protection of the 

general population from releases of radioactivity and inadvertent intruders from the disposal of 

this waste requires an assessment of long-term impacts. Performance period analyses are used 

to evaluate the suitability of this waste for disposal on a case-by-case basis. In general, for 

disposal facilities with limited quantities of long-lived waste, performance period analyses are 

not necessary to demonstrate protection of the general population from releases of radioactivity 

and protection of inadvertent intruders. However, there may be site-specific conditions that 

require licensees to assess disposal facilities beyond the compliance period even when 

long-lived waste is limited. These conditions should be evaluated on a case-by-case basis to 

determine whether analyses beyond the compliance period would be required.
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(d) Defense-in-depth. With respect to waste disposal, defense-in-depth is the use of multiple 

independent and redundant layers of defense to compensate for uncertainties in the estimation 

of long-term performance. Defense-in-depth protections, commensurate with the risks, are 

intended to ensure that no single layer, no matter how robust, is exclusively relied upon by the 

disposal system to provide protection of the public and environment from radiation that may be 

released from the facility to the environment. Defense-in-depth protections, such as siting, 

wasteforms, radiological source-term, engineered features, and natural system features of the 

disposal site, combined with technical analyses and scientific judgment form the safety case for 

licensing a low-level waste disposal facility. The insights derived from technical analyses include 

supporting evidence and reasoning on the strength and reliability of the layers of defense relied 

upon in the safety case. These insights provide input for making regulatory decisions.

(e) Waste acceptance. Demonstrating compliance with the performance objectives also requires 

a determination of criteria for the acceptance of waste. The criteria can be determined from the 

results of the technical analyses that demonstrate compliance with the performance objectives 

for any land disposal facility or, for a near-surface disposal facility, the waste classification 

requirements of subpart D of this part.

(2f) Waste classification and near-surface disposal. (1) A cornerstone of the waste classification 

system is stability--stability of both the waste and the disposal site, which minimizes so that 

once emplaced and covered, the access of water to the waste can be minimizedthat has been 

emplaced and covered. Limiting the access of water to the waste minimizes the Migration 

migration of radionuclides is thus minimized, which may avoid the need for long-term active 

maintenance can be avoided, and reduces the potential exposures to intruders reducedfor 

release of radioactivity into the environment. While stability is a desirable, it is not necessary 

from a health and safety standpoint for most waste because the characteristic for all waste 

much radioactive waste does not contain sufficient amounts of radioactivitynuclides to be of 

great concern from these standpoints; this waste, however, tends to be unstable, such as 

ordinary trash type wastes. If mixed with the higher activity waste, their deterioration could lead 

to failure of the system and permit water to penetrate the disposal unit and cause problems with 

the higher activity waste. This lower-activity waste (e.g., ordinary trash-type waste) tends to be 

unstable. If unstable waste is disposed with the waste requiring stability, the deterioration of 

unstable waste could lead to the failure of the system. The failure of the system could permit 

water to penetrate the disposal unit, which may cause problems with the waste that requires 

stability. Therefore, in order to avoid placing requirements for a stable waste form on relatively 

innocuous waste, these wastes have been classed as Class A waste. Unstable The Class A 

waste will be disposed of in separate disposal units at the disposal site. However, stable Class 

A waste that is stable may be disposedmixed of with other classes of waste. Those higher 

activity wWastes that should must be stable for proper disposal are classified as Class B and C 

waste. To the extent that it is practicable, Class B and C waste forms or containers should be 

designed to be stable, (i.e., maintain gross physical properties and identity, ) over 300 years. 

The stability of the disposal site for the disposal of long-lived waste may be more uncertain and 

require more robust technical evaluation of the processes that are unlikely to affect the ability of 

the disposal system to isolate short-lived waste. For long-lived waste and certain radionuclides 
12

prone to migration, a maximum disposal site inventory based on the characteristics of the 

disposal site may be established to limit potential exposure and to mitigate the uncertainties 

associated with long-term stability of the disposal site. Some waste, depending on its 

radiological characteristics, may not be suitable for disposal if uncertainties cannot be 

adequately addressed with technical analyses.

(3) It is possible but unlikely that persons might occupy the site in the future and engage in 

normal pursuits without knowing that they were receiving radiation exposure. These persons are 

referred to as inadvertent intruders. Protection of such intruders can involve two principal 

controls: institutional control over the site after operations by the site owner to ensure that no 

such occupation or improper use of the site occurs; or, designating which waste could present 

an unacceptable risk to an intruder, and disposing of this waste in a manner that provides some 

form of intruder barrier that is intended to prevent contact with the waste. This regulation 

incorporates both types of protective controls.

(24) Institutional control of access to the site is required for up to 100 years. This permits the 

disposal of Class A and Class B waste without special provisions for intrusion protection, since 

these classes of wastes contain types and quantities of radioisotopes radionuclides that 

generally will decay during the 100-year period and will present an acceptable hazard to an 

intruder. However, waste that is Class A under 10 CFR 61.55(a)(6) may not decay to acceptable 

levels in 100 years. For waste classified under 10 CFR 61.55(a)(6), safety is provided by limiting 

the quantities and concentrations of the material consistent with the disposal site design. Safe

disposal of waste classified under 10 CFR 61.55(a)(6) is demonstrated by the technical 

analyses and compliance with the performance objectives. The government landowner 

administering the active institutional control program has flexibility in controlling site access,

which may include allowing productive uses of the land provided the integrity and long-term 

performance of the site are not affected.

(53) Waste that will not decay to levels which present an acceptable hazard to an intruder within 

100 years is typically designated as Class C waste. This Class C waste must be stable and is 

be disposed of at a greater depth than the other classes of waste so that subsequent surface 

activities by an intruder will not disturb the waste. Where site conditions prevent deeper 

disposal, intruder barriers such as concrete covers may be used. The effective life of these 

intruder barriers should be at least 500 years. A maximum concentration of radionuclides is 

specified in tables 1 and 2 of § 61.55 for all wastes so that at the end of the 500 500-year 

period, the remaining radioactivity will be at a level that does not pose an unacceptable hazard 

to an inadvertent intruder or to public health and safety. Waste with concentrations above these 

limits is generally unacceptable for near-surface disposal. There may be some instances where 

waste with concentrations greater than permitted for Class C would be acceptable for nearsurface disposal with special processing or design. These Disposal of this waste will be 

evaluated on a case-by-case basis with the technical analyses required in § 61.13. Class C 

waste must also be stable.
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(4) Regardless of the classification, some waste may require enhanced controls or limitations at 

a particular land disposal facility. A performance assessment and an intruder assessment are 

used to identify these enhanced controls and limitations, which are site- and waste-specific. 

Enhanced controls or limitations could include additional limits on waste concentration or total 

activity, more robust intruder barriers, deeper burial depth, and waste-specific stability 

requirements. These enhanced controls or limitations could mitigate the uncertainty associated 

with the evolutionary effects of the natural environment and the disposal facility performance 

over the compliance period.

(cg) The licensing process. (1) During the preoperational phase, the potential applicant goes 

through a process of disposal site selection by selecting a region of interest, examining a 

number of possible disposal sites within the area of interest, and narrowing the choice to the 

proposed site. Through a detailed investigation of the disposal site characteristics the potential 

applicant obtains data on which to base an analysis of the disposal site's suitability. The 

potential applicant uses these data and analyses to develop a safety case that describes the 

safety relevant aspects of the site, the design of the facility, and the managerial control 

measures and regulatory controls. The safety case demonstrates the level of protection of 

people and the environment and provides reasonable assurance that the performance 

objectives will be met. Along with these data and analyses, the applicant submits other more 

general information to the Commission in the form of an application for a license for land 

disposal. The Commission's review of the application is in accordance with administrative 

procedures established by rule and may involve participation by affected State governments or 

Indian tribes. While the proposed disposal site must be owned by a State or the Federal 

government before the Commission will issue a license, it may be privately owned during the 

preoperational phase if suitable arrangements have been made with a State or the Federal 

government to take ownership in fee of the land before the license is issued.

(2) During the operational phase, the licensee carries out disposal activities in accordance with 

the requirements of this regulation and any conditions on the license. Periodically, the authority 

to conduct the above ground operations and dispose of waste will be subject to a license 

renewal, at which time the operating history will be reviewed and a decision made to permit or 

deny continued operation. When disposal operations are to cease, the licensee applies for an 

amendment to his license to permit site closure. After final review of the licensee's site closure 

and stabilization plan, the Commission may approve the final activities necessary to prepare the 

disposal site so that ongoing active maintenance of the site is not required during the period of 

institutional control.

(3) During the period when the final site closure and stabilization activities are being carried out, 

the licensee is in a disposal site closure phase. Following that, for a period of 5 years, the 

licensee must remain at the disposal site for a period of post-closure observation and 

maintenance to assure that the disposal site is stable and ready for institutional control. The 

period of postclosure observation and maintenance is used to ensure that the final site closure 

and stabilization activities have not resulted in unintended instability at the disposal site. The 
14

Commission may approve shorter or require longer periods if conditions warrant. At the end of 

this period, the licensee applies for a license transfer to the disposal site owner.

(4) After a finding of satisfactory disposal site closure, the Commission will transfer the license 

to the State or Federal government that owns the disposal site. If the U.S. Department of 

Energy is the Federal agency administering the land on bahalf behalf of the Federal government 

the license will be terminated because the Commission lacks regulatory authority over the 

Department for this activity. Under the conditions of the transferred license, the owner will carry 

out a program of monitoring to assure continued satisfactory disposal site performance, perform 

physical surveillance to restrict access to the site, and carry out minor custodial activities. 

During this period, productive uses of the land might be permitted if those uses do not affect the 

stability of the site and its ability to meet the performance objectives. At the end of the 

prescribed period of institutional control, the license will be terminated by the Commission.

[47 FR 57463, Dec. 27, 1982, as amended at 58 FR 33891, June 22, 1993]

§ 61.8 Information collection requirements: OMB approval.

(a) The Nuclear Regulatory Commission has submitted the information collection requirements 

contained in this part to the Office of Management and Budget (OMB) for approval as required 

by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The NRC may not conduct or 

sponsor, and a person is not required to respond to, a collection of information unless it displays 

a currently valid OMB control number. OMB has approved the information collection 

requirements contained in this part under control number 3150-0135.

(b) The approved information collection requirements contained in this Part part appear in §§ 

61.3, 61.6, 61.9, 61.10, 61.11, 61.12, 61.13, 61.14, 61.15, 61.16, 61.20, 61.22, 61.24, 61.26, 

61.27, 61.28, 61.30, 61.31, 61.32, 61.41, 61.42, 61.53, 61.55, 61.57, 61.58, 61.61, 61.62, 61.63, 

61.72, and 61.80.

(c) In § 61.32, Form N–71 and associated forms are approved under control number 3150–

0056, and DOC/NRC Forms AP–1, AP–A, and associated forms are approved under control 

numbers 0694–0135.

[58 FR 33891, June 22, 1993 as amended at 62 FR 52188, Oct. 6, 1997; 73 FR 78606, Dec. 23, 

2008]

§ 61.9 Employee protection.

(a) Discrimination by a Commission licensee, an applicant for a Commission license, or a 

contractor or subcontractor of a Commission licensee or applicant against an employee for 

engaging in certain protected activities is prohibited. Discrimination includes discharge and 

other actions that relate to compensation, terms, conditions, or privileges of employment. The 

protected activities are established in section 211 of the Energy Reorganization Act of 1974, as 

amended, and in general are related to the administration or enforcement of a requirement 

imposed under the Atomic Energy Act or the Energy Reorganization Act.
15

(1) The protected activities include but are not limited to:

(i) Providing the Commission or his or her employer information about alleged violations of 

either of the statutes named in paragraph (a) introductory text of the section or possible 

violations of requirements imposed under either of those statutes;

(ii) Refusing to engage in any practice made unlawful under either of the statutes named in 

paragraph (a) introductory text or under these requirements if the employee has identified the 

alleged illegality to the employer;

(iii) Requesting the Commission to institute action against his or her employer for the 

administration or enforcement of these requirements;

(iv) Testifying in any Commission proceeding, or before Congress, or at any Federal or State 

proceeding regarding any provision (or proposed provision) of either of the statutes named in 

paragraph (a) introductory text.

(v) Assisting or participating in, or is about to assist or participate in, these activities.

(2) These activities are protected even if no formal proceeding is actually initiated as a result of 

the employee assistance or participation.

(3) This section has no application to any employee alleging discrimination prohibited by this 

section who, acting without direction from his or her employer (or the employer's agent), 

deliberately causes a violation of any requirement of the Energy Reorganization Act of 1974, as 

amended, or the Atomic Energy Act of 1954, as amended.

(b) Any employee who believes that he or she has been discharged or otherwise discriminated 

against by any person for engaging in protected activities specified in paragraph (a)(1) of this 

section may seek a remedy for the discharge or discrimination through an administrative 

proceeding in the Department of Labor. The administrative proceeding must be initiated within 

180 days after an alleged violation occurs. The employee may do this by filing a complaint 

alleging the violation with the Department of Labor, Employment Standards Administration, 

Wage and Hour Division. The Department of Labor may order reinstatement, back pay, and 

compensatory damages.

(c) A violation of paragraph (a), (e), or (f) of this section by a Commission licensee, an applicant 

for a Commission license, or a contractor or subcontractor of a Commission licensee or 

applicant may be grounds for—

(1) Denial, revocation, or suspension of the license.
16

(2) Imposition of a civil penalty on the licensee, applicant, or a contractor or subcontractor of the 

licensee or applicant.

(3) Other enforcement action.

(d) Actions taken by an employer, or others, which adversely affect an employee may be 

predicated upon nondiscriminatory grounds. The prohibition applies when the adverse action 

occurs because the employee has engaged in protected activities. An employee's engagement 

in protected activities does not automatically render him or her immune from discharge or 

discipline for legitimate reasons or from adverse action dictated by nonprohibited 

considerations.

(e)(1) Each licensee and each applicant for a license shall prominently post the revision of NRC 

Form 3, "Notice to Employees," referenced in 10 CFR 19.11(c). This form must be posted at 

locations sufficient to permit employees protected by this section to observe a copy on the way 

to or from their place of work. Premises must be posted not later than 30 days after an 

application is docketed and remain posted while the application is pending before the 

Commission, during the term of the license, and for 30 days following license termination.

(2) Copies of NRC Form 3 can be obtained by writing to the Regional Administrator of the 

appropriate U.S. Nuclear Regulatory Commission Regional Office listed in appendix D to part 20 

of this chapter, via email to Forms.Resource@nrc.gov, or by visiting the NRC's online library at 

http://www.nrc.gov/reading-rm/doc-collections/forms/.

(f) No agreement affecting the compensation, terms, conditions, or privileges of employment, 

including an agreement to settle a complaint filed by an employee with the Department of Labor 

pursuant to section 211 of the Energy Reorganization Act of 1974, as amended, may contain 

any provision which would prohibit, restrict, or otherwise discourage an employee from 

participating in protected activity as defined in paragraph (a)(1) of this section including, but not 

limited to, providing information to the NRC or to his or her employer on potential violations or 

other matters within NRC's regulatory responsibilities.

[58 FR 52412, Oct. 8, 1993, as amended at 60 FR 24552, May 9, 1995; 61 FR 6765, Feb. 22, 

1996; 68 FR 58814, Oct. 10, 2003; 72 FR 63974, Nov. 14, 2007; 79 FR 66605, Nov. 10, 2014]

§ 61.9a Completeness and accuracy of information.

(a) Information provided to the Commission by an applicant for a license or by a licensee or 

information required by statute or by the Commission's regulations, orders, or license conditions 

to be maintained by the applicant or the licensee shall be complete and accurate in all material 

respects.

(b) Each applicant or licensee shall notify the Commission of information identified by the 

applicant or licensee as having for the regulated activity a significant implication for public health 

and safety or common defense and security. An applicant or licensee violates this paragraph 
17

only if the applicant or licensee fails to notify the Commission of information that the applicant or 

licensee has identified as having a significant implication for public health and safety or common 

defense and security. Notification shall be provided to the Administrator of the appropriate 

Regional Office within two working days of identifying the information. This requirement is not 

applicable to information which is already required to be provided to the Commission by other 

reporting or updating requirements.

[52 FR 49372, Dec. 31, 1987]

§ 61.9b Deliberate misconduct.

(a) Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor 

(including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of 

any licensee or applicant for a license, who knowingly provides to any licensee, applicant, 

contractor, or subcontractor, any components, equipment, materials, or other goods or services 

that relate to a licensee's or applicant's activities in this part, may not:

(1) Engage in deliberate misconduct that causes or would have caused, if not detected, a 

licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or 

limitation of any license issued by the Commission; or

(2) Deliberately submit to the NRC, a licensee, an applicant, or a licensee's or applicant's 

contractor or subcontractor, information that the person submitting the information knows to be 

incomplete or inaccurate in some respect material to the NRC.

(b) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to 

enforcement action in accordance with the procedures in 10 CFR part 2, subpart B.

(c) For the purposes of paragraph (a)(1) of this section, deliberate misconduct by a person 

means an intentional act or omission that the person knows:

(1) Would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any 

term, condition, or limitation, of any license issued by the Commission; or

(2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or 

policy of a licensee, applicant, contractor, or subcontractor.

[63 FR 1898, Jan. 13, 1998]

Subpart B--Licenses

§ 61.10 Content of application.

(a) An application to receive from others, possess and dispose of wastes containing or 

contaminated with source, byproduct or special nuclear material by land disposal must consist 

of general information, specific technical information, institutional information, and financial 
18

information as set forth in §§ 61.11 through 61.16. An environmental report prepared in 

accordance with subpart A of part 51 of this chapter must accompany the application.

(a)(b) The information provided in an application comprises the safety case and supports the 

licensee’s demonstration that the disposal facility will be constructed and operated safely and 

provides reasonable assurance that the disposal site will be capable of isolating waste and 

limiting releases to the environment.

[49 FR 9405, Mar. 12, 1984]

§ 61.11 General information.

The general information must include each of the following:

(a) Identity of the applicant including:

(1) The full name, address, telephone number and description of the business or occupation of 

the applicant;

(2) If the applicant is a partnership, the name, and address of each partner and the principal 

location where the partnership does business;

(3) If the applicant is a corporation or an unincorporated association, (i) the state where it is 

incorporated or organized and the principal location where it does business, and (ii) the names 

and addresses of its directors and principal officers; and

(4) If the applicant is acting as an agent or representative of another person in filing the 

application, all information required under this paragraph must be supplied with respect to the 

other person.

(b) Qualifications of the applicant:

(1) The organizational structure of the applicant, both offsite and onsite, including a description 

of lines of authority and assignments of responsibilities, whether in the form of administrative 

directives, contract provisions, or otherwise;

(2) The technical qualifications, including training and experience, of the applicant and members 

of the applicant's staff to engage in the proposed activities. Minimum training and experience 

requirements for personnel filling key positions described in paragraph (b)(1) of this section 

must be provided;

(3) A description of the applicant's personnel training program; and

(4) The plan to maintain an adequate complement of trained personnel to carry out waste 

receipt, handling, and disposal operations in a safe manner.
19

(c) A description of:

(1) The location of the proposed disposal site;

(2) The general character of the proposed activities;

(3) The types and quantities of radioactive waste to be received, possessed, and disposed of;

(4) Plans for use of the land disposal facility for purposes other than disposal of radioactive 

wastes; and

(5) The proposed facilities and equipment.

(d) Proposed schedules for construction, receipt of waste, and first emplacement of waste at the 

proposed land disposal facility.

§ 61.12 Specific technical information.

The specific technical information, which supports the safety case, must include the following 

information needed forto demonstration demonstrate that the performance objectives of subpart 

C of this part and the applicable technical requirements of subpart D of this part will be met:

(a) A description of the natural and demographic disposal site characteristics as determined by 

disposal site selection and characterization activities. The description must include geologic, 

geotechnical, geochemical, geomorphological, hydrologic, meteorologic, climatologic, and biotic 

features of the disposal site and vicinity.

(b) A description of the design features of the land disposal facility and the disposal units. For 

near-surface disposal, the description must include those design features related to infiltration of 

water; integrity of covers for disposal units; structural stability of backfill, wastes, and covers; 

contact of wastes with standing water; disposal site drainage; disposal site closure and 

stabilization; elimination to the extent practicable of long-term disposal site maintenance; 

inadvertent intrusion; occupational exposures; disposal site monitoring; and adequacy of the 

size of the buffer zone for monitoring and potential mitigative measures.

(c) A description of the principal design criteria and their relationship to the performance 

objectives.

(d) A description of the design basis natural events or phenomena and their relationship to the 

principal design criteria.

(e) A description of codes and standards which that the applicant has applied to the design and 

which that will apply to construction of the land disposal facilities.
20

(f) A description of the construction and operation of the land disposal facility. The description 

must include as a minimum the methods of construction of disposal units; waste emplacement; 

the procedures for and areas of waste segregation; types of intruder barriers; onsite traffic and 

drainage systems; survey control program; methods and areas of waste storage; and methods 

to control surface water and groundwater access to the wastes. The description must also 

include a description of the methods to be employed in the handling and disposal of wastes 

containing chelating agents or other non-radiological substances that might affect meeting the 

performance objectives in subpart C of this part.

(g) A description of the disposal site closure plan, including those design features which that are 

intended to facilitate disposal site closure and to eliminate the need for ongoing active 

maintenance.

(h) An identification of the known natural resources at the disposal site, the exploitation of which 

could result in inadvertent intrusion into the low-level wastes after removal of active institutional 

control.

(i) A description of the kind, amount, classification and specifications of the radioactive material 

proposed to be received, possessed, and disposed of at the land disposal facility, including the 

criteria for acceptance of waste for disposal.

(j) A description of the quality assurance program, tailored to LLW low-level radioactive waste 

disposal, developed and applied by the applicant for:

(1) the The determination of natural disposal site characteristics;

(2) The development of technical analyses; and

(3) and for quality Quality assurance during the design, construction, operation, and closure of 

the land disposal facility and the receipt, handling, and emplacement of waste.

(k) A description of the radiation safety program for control and monitoring of radioactive 

effluents to ensure compliance with the performance objective in § 61.41 of this part and 

occupational radiation exposure to ensure compliance with the requirements of part 20 of this 

chapter and to control contamination of personnel, vehicles, equipment, buildings, and the 

disposal site. Both routine operations and accidents must be addressed. The program 

description must include procedures, instrumentation, facilities, and equipment.

(l) A description of the environmental monitoring program to provide data to evaluate potential 

health and environmental impacts and the plan for taking corrective measures if migration of 

radionuclides is indicated.

(m) A description of the administrative procedures that the applicant will apply to control 

activities at the land disposal facility.
21

(n) A description of the facility electronic recordkeeping system as required in § 61.80.

[47 FR 57463, Dec. 27, 1982, as amended at 58 FR 33891, June 22, 1993; 60 FR 15666, Mar. 

27, 1995]

§ 61.13 Technical analyses.

The specific technical information must also include the following analyses needed to 

demonstrate that the performance objectives of subpart C of this part will be met:. The technical 

analyses are one of the elements of the safety case. Licensees with licenses for land disposal 

facilities in effect on the effective date of this subpart must submit these analyses at the next 

license renewal or within 5 years of the effective date of this subpart, whichever comes first.

(a) A performance assessment that demonstrates that there is reasonable assurance that the 

exposure to humans from the release of radioactivity will meet the performance objective set 

forth in § 61.41. A performance assessment shall:

(1) Consider features, events, and processes that might affect demonstrating compliance with § 

61.41. The features, events, and processes considered must represent a range of phenomena 

with both beneficial and adverse effects on performance, and must consider the specific 

technical information required in § 61.12(a) through (i). A technical basis for either inclusion or 

exclusion of specific features, events, and processes must be provided. 

(2) Evaluate specific features, events, and processes in detail if their omission would 

significantly affect meeting the performance objective specified in § 61.41. 

(3) Consider the likelihood of disruptive or other unlikely features, events, or processes for 

comparison with the limits set forth in § 61.41.

(4) Reflect new features, events, and processes different from the compliance period that 

address significant uncertainties inherent in the long timeframes associated with demonstrating 

compliance with § 61.41(b) only if scientific information compelling such changes is available.

(5) Provide a technical basis for either inclusion or exclusion of degradation, deterioration, or 

alteration processes (e.g., of the engineered barriers, waste form, site characteristics) and 

interactions between the disposal facility and site characteristics that might affect the facility’s 

ability to meet the performance objective in § 61.41.

(6) Provide a technical basis for models used in the performance assessment such as 

comparisons made with outputs of detailed process-level models or empirical observations 

(e.g., laboratory testing, field investigations, and natural analogs).

(7) Evaluate pathways including air, soil, groundwater, surface water, plant uptake, and 

exhumation by burrowing animals.
22

(8) Account for uncertainties and variability in the projected behavior of the disposal system 

(e.g., disposal facility, natural system, and environment).

(9) Consider alternative conceptual models of features and processes that are consistent with 

available data and current scientific understanding, and evaluate the effects that alternative 

conceptual models have on the understanding of the performance of the disposal facility.

(10) Identify and differentiate between the roles performed by the natural disposal site 

characteristics and design features of the disposal facility in limiting releases of radioactivity to 

the general population.

(b) Inadvertent intruder analyses that demonstrate there is reasonable assurance that: 

(1) the waste acceptance criteria developed in accordance with § 61.58 will be met, 

(2) adequate barriers to inadvertent intrusion will be provided, and 

(3) any inadvertent intruder will not be exposed to doses that exceed the limits set forth in § 

61.42 as part of the intruder assessment. An intruder assessment shall:

(i) Assume that an inadvertent intruder occupies the disposal site at any time after the period of 

institutional controls ends, and engages in normal activities including agriculture, dwelling 

construction, resource exploration or exploitation (e.g., well drilling), or other reasonably 

foreseeable pursuits that are consistent with activities in and around the site at the time of 

closure and that unknowingly expose the intruder to radiation from the waste.

(ii) Identify adequate barriers to inadvertent intrusion that inhibit contact with the waste or limit 

exposure to radiation from the waste, and provide a basis for the time period over which barriers 

are effective.

(iii) Account for uncertainties and variability.

Pathways analyzed in demonstrating protection of the general population from releases of 

radioactivity must include air, soil, groundwater, surface water, plant uptake, and exhumation by 

burrowing animals. The analyses must clearly identify and differentiate between the roles 

performed by the natural disposal site characteristics and design features in isolating and 

segregating the wastes. The analyses must clearly demonstrate that there is reasonable 

assurance that the exposure to humans from the release of radioactivity will not exceed the 

limits set forth in § 61.41.

(b) Analyses of the protection of individuals from inadvertent intrusion must include 

demonstration that there is reasonable assurance the waste classification and segregation 

requirements will be met and that adequate barriers to inadvertent intrusion will be provided.

(c) Analyses of the protection of individuals during operations must include assessments of 

expected exposures due to routine operations and likely accidents during handling, storage, and 
23

disposal of waste. The analyses must provide reasonable assurance that exposures will be 

controlled to meet the requirements of part 20 of this chapter.

(d) Analyses of the long-term stability of the disposal site and the need for ongoing active 

maintenance after closure must be based upon analyses of active natural processes such as 

erosion, mass wasting, slope failure, settlement of wastes and backfill, infiltration through covers 

over disposal areas and adjacent soils, and surface drainage of the disposal site. The analyses 

must provide reasonable assurance that long-term stability of the disposal site can be ensured 

and that there will not be a need for ongoing active maintenance of the disposal site following 

closure.

(e) Analyses that assess how the disposal site limits the potential long-term radiological 

impacts, consistent with available data and current scientific understanding. The analyses shall 

be required for disposal sites with waste that contains radionuclides with average 

concentrations exceeding the values listed in table A of this paragraph, or if necessitated by 

site-specific conditions. For wastes containing mixtures of radionuclides found in table A, the 

total concentration shall be determined by the sum of fractions rule described in paragraph 

61.55(a)(7). The analyses must identify and describe the features of the design and site 

characteristics that will demonstrate that the performance objectives set forth in §§ 61.41(c) and 

61.42(c) will be met.

Table A - Average Concentrations of Long-lived Radionuclides Requiring Performance 

Period Analyses

Radionuclide Concentration (Ci/m3)

1

C-14 0.8

C-14 in activated metal 8

Ni-59 in activated metal 22

Nb-94 in activated metal 0.02

Tc-99 0.3

I-129 0.008

Long-lived alpha-emitting nuclides2 103

Pu-241 3503

Cm-242 2,0003

1 Values derived from § 61.55 Class A limits.

2 Includes alpha-emitting transuranic nuclides as well as other long-lived alpha-emitting 

nuclides.

3 Units are nanocuries per gram.

(f) Analyses that demonstrate the proposed disposal facility includes defense-in-depth 

protections.
24

§ 61.14 Institutional information.

The institutional information must include:

(a) A certification by the Federal or State government which owns the disposal site that the 

Federal or State government is prepared to accept transfer of the license when the provisions of 

§ 61.30 are met, and will assume responsibility for custodial care after site closure and 

postclosure observation and maintenance.

(b) Where the proposed disposal site is on land not owned by the Federal or a State 

government, the applicant must submit evidence that arrangements have been made for 

assumption of ownership in fee by the Federal or a State government before the Commission 

issues a license.

§ 61.15 Financial information.

The financial information must be sufficient to demonstrate that the financial qualifications of the 

applicant are adequate to carry out the activities for which the license is sought and meet other 

financial assurance requirements as specified in subpart E of this part.

§ 61.16 Other information.

Depending upon the nature of the wastes to be disposed of, and the design and proposed 

operation of the land disposal facility, additional information may be requested by the 

Commission including the following:

(a) Physical security measures, if appropriate. Any application to receive and possess special 

nuclear material in quantities subject to the requirements of part 73 of this chapter shall 

demonstrate how the physical security requirements of part 73 will be met. In determining 

whether receipt and possession will be subject to the requirements of part 73, the applicant shall 

not consider the quantity of special nuclear material that has been disposed of.

(b) Safety information concerning criticality, if appropriate. (1) Any application to receive and 

possess special nuclear material in quantities that would be subject to the requirements of § 

70.24, "Criticality accident requirements" of part 70 of this chapter shall demonstrate how the 

requirements of that section will be met, unless the applicant requests an exemption pursuant to 

§ 70.24(d). In determining whether receipt and possession would be subject to the requirements 

of § 70.24, the applicant shall not consider the quantity of special nuclear material that has been 

disposed of.

(2) Any application to receive and possess special nuclear material shall describe proposed 

procedures for avoiding accidental criticality, which address both storage of special nuclear 

material prior to disposal and waste emplacement for disposal.

§ 61.20 Filing and distribution of application.
25

(a) An application for a license under this part, and any amendments thereto, must be filed with 

the Director, must be signed by the applicant or the applicant's authorized representative under 

oath or affirmation, and, if the document is in paper form, must be the signed original.

(b) The applicant shall maintain the capability to generate additional copies of the application for 

distribution in accordance with written instructions from the Director or the Director's designee.

(c) Fees. Application, amendment, and inspection fees applicable to a license covering the 

receipt and disposal of radioactive wastes in a land disposal facility are required by part 170 of 

this chapter.

[47 FR 57463, Dec. 27, 1982, as amended at 49 FR 9405, Mar. 12, 1984; 68 FR 58814, Oct.

10, 2003]

§ 61.21 Elimination of repetition.

In its application, the applicant may incorporate by reference information contained in previous 

applications, statements, or reports filed with the Commission if these references are clear and 

specific.

[49 FR 9405, Mar. 12, 1984]

§ 61.22 Updating of application.

(a) The application must be as complete as possible in the light of information that is available at 

the time of submittal.

(b) The applicant shall supplement its application in a timely manner, as necessary, to permit 

the Commission to review, prior to issuance of a license, any changes in the activities proposed 

to be carried out or new information regarding the proposed activities.

[49 FR 9405, Mar. 12, 1984]

§ 61.23 Standards for issuance of a license.

A license for the receipt, possession, and disposal of waste containing or contaminated with 

source, special nuclear, or byproduct material will be issued by the Commission upon finding 

that the issuance of the license will not be inimical to the common defense and security and will 

not constitute an unreasonable risk to the health and safety of the public, and:

(a) The applicant is qualified by reason of training and experience to carry out the disposal 

operations requested in a manner that protects health and minimizes danger to life or property.

(b) The applicant's proposed disposal site, disposal design, waste acceptance criteria, land 

disposal facility operations (including equipment, facilities, and procedures), disposal site 

closure, and postclosure institutional control demonstrate that they are adequate to protect the 

public health and safety in thatbecause they provide reasonable assurance that the general 
26

population will be protected from releases of radioactivity as specified in the performance 

objective in § 61.41, Protection of the general population from releases of radioactivity.

(c) The applicant's proposed disposal site, disposal site design, waste acceptance criteria, land 

disposal facility operations (including equipment, facilities, and procedures), disposal site 

closure, and postclosure institutional control demonstrate that they are adequate to protect the 

public health and safety in thatbecause they will provide reasonable assurance that individual 

inadvertent intruders are protected in accordance with the performance objective in § 61.42, 

Protection of individuals from inadvertent intrusion.

(d) The applicant's proposed waste acceptance criteria and land disposal facility operations,

(including equipment, facilities, and procedures), demonstrate that they are adequate to protect 

the public health and safety in thatbecause they will provide reasonable assurance that the 

standards for radiation protection set out in part 20 of this chapter will be met.

(e) The applicant's proposed disposal site, disposal site design, waste acceptance criteria, land 

disposal facility operations, disposal site closure, and postclosure institutional control 

demonstrate that they are adequate to protect the public health and safety in thatbecause they 

will provide reasonable assurance that long-term stability of the disposed waste and the 

disposal site will be achieved and will eliminate to the extent practicable the need for ongoing 

active maintenance of the disposal site following closure.

(f) The applicant's demonstration provides reasonable assurance that the applicable technical 

requirements of subpart D of this part will be met.

(g) The applicant's proposal for institutional control provides reasonable assurance that 

institutional control will be provided for the length of time found necessary to ensure the findings 

in paragraphs (b) through (e) of this section and that the institutional control meets the 

requirements of § 61.59, Institutional requirements.

(h) The information on financial assurances meets the requirements of subpart E of this part.

(i) The applicant's physical security information provides reasonable assurance that the 

requirements of part 73 of this chapter will be met, insofar as they are applicable to special 

nuclear material to be possessed before disposal under the license.

(j) The applicant's criticality safety procedures are adequate to protect the public health and 

safety and provide reasonable assurance that the requirements of § 70.24, Criticality accident 

requirements, of part 70 of this chapter will be met, insofar as they are applicable to special 

nuclear material to be possessed before disposal under the license.

(k) Any additional information submitted as requested by the Commission pursuant to § 61.16, 

Other information, is adequate.
27

(l) The requirements of subpart A of part 51 of this chapter have been met.

(m) The applicant’s safety case is adequate to support the liceinsing decision.

[47 FR 57463, Dec. 27, 1982, as amended at 49 FR 9405, Mar. 12, 1984]

§ 61.24 Conditions of licenses.

(a) A license issued under this part, or any right thereunder, may be transferred, assigned, or in 

any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer 

of control of the license to any person, only if the Commission finds, after securing full 

information, that the transfer is in accordance with the provisions of the Atomic Energy Act and 

gives its consent in writing in the form of a license amendment.

(b) The licensee shall submit written statements under oath upon request of the Commission, at 

any time before termination of the license, to enable the Commission to determine whether or 

not the license should be modified, suspended, or revoked.

(c) The license will be transferred to the site owner only on the full implementation of the final 

closure plan as approved by the Commission, including post-closure observation and 

maintenance.

(d) The licensee shall be subject to the provisions of the Atomic Energy Act now or hereafter in 

effect, and to all rules, regulations, and orders of the Commission. The terms and conditions of 

the license are subject to amendment, revision, or modification, by reason of amendments to, or 

by reason of rules, regulations, and orders issued in accordance with the terms of the Atomic 

Energy Act.

(e) Any license may be revoked, suspended or modified in whole or in part for any material false 

statement in the application or any statement of fact required under Section 182 of the Act, or 

because of conditions revealed by any application or statement of fact or any report, record, or 

inspection or other means which would warrant the Commission to refuse to grant a license to 

the original application, or for failure to operate the facility in accordance with the terms of the 

license, or for any violation of, or failure to observe any of the terms and conditions of the Act, or 

any rule, regulation, license or order of the Commission.

(f) Each person licensed by the Commission pursuant to the regulations in this part shall confine 

possession and use of materials to the locations and purposes authorized in the license.

(g) No radioactive waste may be disposed of until the Commission has inspected the land 

disposal facility and has found it to be in conformance with the description, design, and 

construction described in the application for a license.

(h) The Commission may incorporate in any license at the time of issuance, or thereafter, by 

appropriate rule, regulation or order, additional requirements and conditions with respect to the 
28

licensee's receipt, possession, and disposal of source, special nuclear or byproduct material as 

it deems appropriate or necessary in order to:

(1) Promote the common defense and security;

(2) Protect health or to minimize danger to life or property;

(3) Require reports and the keeping of records, and to provide for inspections of activities under 

the license that may be necessary or appropriate to effectuate the purposes of the Act and 

regulations thereunder.

(i) Any licensee who receives and possesses special nuclear material under this part in 

quantities that would be subject to the requirements of § 70.24 of part 70 of this chapter shall 

comply with the requirements of that section. The licensee shall not consider the quantity of 

special nuclear material that has been disposed of.

(j) The authority to dispose of wastes expires on the date stated in the license except as 

provided in § 61.27(a) of this part.

(k)(1) Each licensee shall notify the appropriate NRC Regional Administrator, in writing, 

immediately following the filing of a voluntary or involuntary petition for bankruptcy under any 

Chapter of Title 11 (Bankruptcy) of the United States Code by or against:

(i) The licensee;

(ii) An entity (as that term is defined in 11 U.S.C. 101(14)) controlling the licensee or listing the 

license or licensee as property of the estate; or

(iii) An affiliate (as that term is defined in 11 U.S.C. 101(2)) of the licensee.

(2) This notification must indicate:

(i) The bankruptcy court in which the petition for bankruptcy was filed; and

(ii) The date of the filing of the petition.

[47 FR 57463, Dec. 27, 1982, as amended at 52 FR 1295, Jan. 12, 1987]

§ 61.25 Changes.

(a) Except as provided for in specific license conditions, the licensee shall not make changes in 

the land disposal facility or procedures described in the license application. The license will 

include conditions restricting subsequent changes to the facility and the procedures authorized 

which that are important to public health and safety. These license restrictions will fall into three 

categories of descending importance to public health and safety as follows:
29

(1) those Those features and procedures which that may not be changed without: (i) 60 days 

prior notice to the Commission, ; (ii) 30 days notice of opportunity for a prior hearing, ; and (iii) 

prior Prior Commission approval;

(2) those Those features and procedures which that may not be changed without (i) 60 days 

prior notice to the Commisson, ; and (ii) prior Commission approval; and 

(3) those Those features and procedures which that may not be changed without 60 days prior 

notice to the Commission. Features and procedures falling in this paragraph (a)(3) of this 

section may not be changed without prior Commission approval if the Commission so orders, 

after having received the required notice, so orders.

(b) Amendments authorizing waste acceptance criteria changes, site closure, license transfer, 

or license termination shall be included in paragraph (a)(1) of this section.

(c) The Commission shall provide a copy of the notices of opportunity for hearing provided in 

paragraph (a)(1) of this section to State and local officials or tribal governing bodies specified in 

§ 2.104(c) of this chapter.

[77 FR 46600, Aug. 3, 2012]

§ 61.26 Amendment of license.

(a) An application for amendment of a license must be filed in accordance with § 61.20 and shall 

fully describe the changes desired.

(b) In determining whether an amendment to a license will be approved, the Commission will 

apply the criteria set forth in § 61.23.

§ 61.27 Application for renewal or closure.

(a) Any expiration date on a license applies only to the above ground activities and to the 

authority to dispose of waste. Failure to renew the license shall not relieve the licensee of 

responsibility for carrying out site closure, postclosure observation and transfer of the license to 

the site owner. An application for renewal or an application for closure under § 61.28 must be 

filed at least 30 days prior to license expiration.

(b) Applications for renewal of a license must be filed in accordance with §§ 61.10 through 

61.16 and § 61.20. Applications for closure must be filed in accordance with §§ 61.20 and 

61.28. Information contained in previous applications, statements or reports filed with the 

Commission under the license may be incorporated by reference if the references are clear and 

specific.
30

(c) In any case in which a licensee has timely filed an application for renewal of a license, the 

license for continued receipt and disposal of licensed materials does not expire until the 

Commission has taken final action on the application for renewal.

(d) In determining whether a license will be renewed, the Commission will apply the criteria set 

forth in § 61.23.

§ 61.28 Contents of application for closure.

(a) Prior to final closure of the disposal site, or as otherwise directed by the Commission, the 

applicant shall submit an application to amend the license for closure. This closure application 

must include a final revision of the safety case and specific details of the disposal site closure 

plan included as part of the license application submitted under § 61.12(g) that includes each of 

the following:

(1) Any additional geologic, hydrologic, or other disposal site data pertinent to the long-term 

containment of emplaced radioactive wastes obtained during the operational period.

(2) The results of tests, experiments, or any other analyses relating to backfill of excavated 

areas, closure and sealing, waste migration and interaction with emplacement media, or any 

other tests, experiments, or analysis pertinent to the long-term containment of emplaced waste 

within the disposal site, including revised analyses for § 61.13 using the details of the final 

closure plan and waste inventory.

(3) Any proposed revision of plans for:

(i) Decontamination and/or dismantlement of surface facilities;

(ii) Backfilling of excavated areas; or

(iii) Stabilization of the disposal site for post-closure care.

(b) An environmental report or a supplement to an environmental report prepared in accordance 

with subpart A of part 51 of this chapter must accompany the application.

(c) Upon review and consideration of an application to amend the license for closure submitted 

in accordance with paragraph (a) of this section, the Commission shall issue an amendment 

authorizing closure if there is reasonable assurance that the long-term performance objectives 

of subpart C of this part will be met.

[47 FR 57463, Dec. 27, 1982, as amended at 49 FR 9406, Mar. 12, 1984]

§ 61.29 Post-closure observation and maintenance.

Following completion of closure authorized in § 61.28, the licensee shall observe, monitor, and 

carry out necessary maintenance and repairs at the disposal site until the license is transferred 
31

by the Commission in accordance with § 61.30. Responsibility for the disposal site must be 

maintained by the licensee for 5 years. A shorter or longer time period for post-closure 

observation and maintenance may be established and approved as part of the site closure plan, 

based on site-specific conditions.

§ 61.30 Transfer of license.

(a) Following closure and the period of post-closure observation and maintenance, the licensee 

may apply for an amendment to transfer the license to the disposal site owner. The license shall 

be transferred when the Commission finds:

(1) That the closure of the disposal site has been made in conformance with the licensee's 

disposal site closure plan, as amended and approved as part of the license;

(2) That reasonable assurance has been provided by the licensee that the performance 

objectives of subpart C of this part are met;

(3) That any funds for care and records required by §§ 61.80 (e) and (f) have been transferred 

to the disposal site owner;

(4) That the post-closure monitoring program is operational for implementation by the disposal 

site owner; and

(5) That the Federal or State government agency which will assume responsibility for 

institutional control of the disposal site is prepared to assume responsibility and ensure that the 

institutional requirements found necessary under § 61.23(g) will be met.

[47 FR 57463, Dec. 27, 1982, as amended at 61 FR 24674, May 16, 1996]

§ 61.31 Termination of license.

(a) Following any period of institutional control needed to meet the requirements found 

necessary under § 61.23, the licensee may apply for an amendment to terminate the license.

(b) This application must be filed, and will be reviewed, in accordance with the provision of § 

61.20 and of this section.

(c) A license is terminated only when the Commission finds:

(1) That the institutional control requirements found necessary under § 61.23(g) have been met; 

and

(2) That any additional requirements resulting from new information developed during the 

institutional control period have been met, and that permanent monuments or markers warning 

against intrusion have been installed.
32

(3) That the records required by §§ 61.80(e) and (f) have been sent to the party responsible for 

institutional control of the disposal site and a copy has been sent to the Commission 

immediately prior to license termination.

[47 FR 57463, Dec. 27, 1982, as amended at 61 FR 24674, May 16, 1996]

US/IAEA Safeguards Agreement

§ 61.32 Facility information and verification.

(a) In response to a written request by the Commission, each applicant for a license and each 

recipient of a license shall submit facility information, as described in § 75.10 of this chapter, on 

Form N–71 and associated forms and site information on DOC/NRC Form AP–A, and 

associated forms;

(b) As required by the Additional Protocol, applicants and licensees specified in paragraph (a) of 

this section shall submit location information described in § 75.11 of this chapter on DOC/NRC 

Form AP–1 and associated forms; and

(c) Shall permit verification thereof by the International Atomic Energy Agency (IAEA) and take 

other action as necessary to implement the US/IAEA Safeguards Agreement, as described in 

Part 75 of this chapter.

[73 FR 78606, Dec. 23, 2008]

Subpart C--Performance Objectives

§ 61.40 General requirement.

Land disposal facilities must be sited, designed, operated, closed, and controlled after closure 

so that reasonable assurance exists that exposures to humans are within the limits established 

in the performance objectives in §§ 61.41 through 61.44.

§ 61.41 Protection of the general population from releases of radioactivity.

(a) Concentrations of radioactive material which that may be released to the general 

environment in ground water, surface water, air, soil, plants, or animals must not result in an 

annual dose exceeding an equivalent of 0.25 milliSievert (25 millirems) to the whole body, 75 

millirems to the thyroid, and 25 millirems to any other organ of any member of the public within 

the compliance period. Reasonable effort should be made to maintain releases of radioactivity 

in effluents to the general environment as low as is reasonably achievable druing the 

compliance period. Compliance with this paragraph must be demonstrate through analyses that 

meet the requirements specified in § 61.13(a).

(b) Concentrations of radioactive material that may be released to the general environment in 

ground water, surface water, air, soil, plants, or animals shall be minimized during the protective 

assurance period. The annual dose, established on the license, shall be below 5 milliSieverts 

(500 millirems) or a level that is supported as reasonably achievable based on technological 

and economic considerations in the information submitted for review and approval by the 
33

Commission. Compliance with this paragraph must be demonstrated through analyses that 

meet the requirements specified in § 61.13(a).

(c) Effort shall be made to minimize releases of radioactivity from a disposal facility to the 

general environment to the extent reasonably achievable at any time during the performance 

period. Compliance with this paragraph must be demonstrated through analyses that meet the

requirements specified in § 61.13(e).

§ 61.42 Protection of individuals from inadvertent intrusion.

(a) Design, operation, and closure of the land disposal facility must ensure protection of any 

individual inadvertently intrudering into the disposal site and who occupyinges the site or 

contacting contacts the waste at any time after active institutional controls over the disposal site 

are removed. The annual dose must not exceed 5 milliSieverts (500 millirems) to any 

inadvertent intruder within the compliance period. Compliance with this paragraph must be 

demonstrated through analyses that meet the requirements specified in § 61.13(b).

(b) Design, operation, and closure of the land disposal facility shall minimize exposures to any 

inadvertent intruder into the disposal site at any time during the protective assurance period. 

The annual dose, established on the license, shall be below 5 milliSieverts (500 millirems) or a 

level that is supported as reasonably achievable based on technological and economic 

considerations in the information submitted for review and approval by the Commission. 

Compliance with this paragraph must be demonstrated through analyses that meet the 

requirements specified in § 61.13(b).

(c) Effort shall be made to minimize exposures to any inadvertent intruder to the extent 

reasonably achievable at any time during the performance period. Compliance with this 

paragraph must be demonstrated through analyses that meet the requirements specified in § 

61.13(e).

§ 61.43 Protection of individuals during operations.

Operations at the land disposal facility must be conducted in compliance with the standards for 

radiation protection set out in part 20 of this chapter, except for releases of radioactivity in 

effluents from the land disposal facility, which shall be governed by § 61.41 of this part. Every 

reasonable effort shall be made to maintain radiation exposures as low as is reasonably 

achievable.

§ 61.44 Stability of the disposal site after closure.

The disposal facility must be sited, designed, used, operated, and closed to achieve long-term 

stability of the disposal site for the compliance and protective assurance periods and to 

eliminate to the extent practicable the need for ongoing active maintenance of the disposal site 

following closure so that only surveillance, monitoring, or minor custodial care are required.

Subpart D--Technical Requirements for Land Disposal Facilities

§ 61.50 Disposal site suitability requirements for land disposal.
34

(a) Disposal site suitability for near-surface disposal. (1) The purpose of this section is to specify 

the minimum characteristics a disposal site must have to be acceptable for the disposal of 

radioactive waste in the use as a near -surface disposal facility. The primary emphasis in 

disposal site suitability is given to isolation of wastes, a matter having long-term impacts, and to 

disposal site features that ensure that the long-term performance objectives of subpart C of this 

part are met, as opposed to short-term convenience or benefits.

(21) To the extent practicable, The the disposal site shall be capable of being characterized, 

modeled, analyzed and monitored.

(2) The hydrologic characteristics that a site must have for 500 years following closure of the 

land disposal facility to be acceptable for the disposal of radioactive waste in the near surface 

include:

(i) Waste disposal shall not take place in a poorly drained site or a site subject to flooding or 

frequent ponding, or in a 100-year flood plain, coastal high-hazard area or wetland, as defined 

in Executive Order 11988, “Floodplain Management Guidelines.”

(ii) Upstream drainage areas must be minimized to decrease the amount of runoff which could 

erode or inundate waste disposal units.

(iii) The disposal site must provide sufficient depth to the water table that ground water intrusion, 

perennial or otherwise, into the waste will not occur. The Commission will consider an exception 

to this requirement to allow disposal below the water table if it can be conclusively shown that 

disposal site characteristics will result in molecular diffusion being the predominant means of 

radionuclide movement and the rate of movement will result in the performance objectives of 

subpart C of this part being met. In no case will waste disposal be permitted in the zone of 

fluctuation of the water table. 

(iv) The hydrogeologic unit used for disposal shall not discharge ground water to the surface 

within the disposal site.

(3) After 500 years, the hydrologic characteristics specified in paragraph (2) of this section shall 

not significantly affect the ability of the disposal site to meet the performance objectives of 

subpart C of this part.

(4) Other characteristics of the site shall not significantly affect the ability of the disposal site to 

meet the performance objectives of subpart C of this part, or preclude defensible modeling and 

estimation of longer-term impacts. The characteristics include:

(3i) Within the region or state where the facility is to be located, a disposal site should be 

selected so that projected population growth and future developments are not likely to affect the 

ability of the disposal facility to meet the performance objectives of subpart C of this part.
35

(4ii) Areas must be avoided having known natural resources which, if exploited, would result in 

failure to meet the performance objectives of subpart C of this part.

(5) The disposal site must be generally well drained and free of areas of flooding or frequent 

ponding. Waste disposal shall not take place in a 100-year flood plain, coastal high-hazard area 

or wetland, as defined in Executive Order 11988, "Floodplain Management Guidelines."

(6) Upstream drainage areas must be minimized to decrease the amount of runoff which could 

erode or inundate waste disposal units.

(7) The disposal site must provide sufficient depth to the water table that ground water intrusion, 

perennial or otherwise, into the waste will not occur. The Commission will consider an exception 

to this requirement to allow disposal below the water table if it can be conclusively shown that 

disposal site characteristics will result in molecular diffusion being the predominant means of 

radionuclide movement and the rate of movement will result in the performance objectives of 

subpart C of this part being met. In no case will waste disposal be permitted in the zone of 

fluctuation of the water table.

(8) The hydrogeologic unit used for disposal shall not discharge ground water to the surface 

within the disposal site.

(9iii) Areas must be avoided where tectonic processes such as faulting, folding, seismic activity, 

or vulcanism volcanism may occur with such frequency and extent to significantly affect the 

ability of the disposal site to meet the performance objectives of subpart C of this part, or may 

preclude defensible modeling and prediction of long-term impacts.

(10iv) Areas must be avoided where surface geologic processes such as mass wasting, 

erosion, slumping, landsliding, or weathering occur with such frequency and extent to 

significantly affect the ability of the disposal site to meet the performance objectives of subpart 

C of this part, or may preclude defensible modeling and prediction of long-term impacts.

(11v) The disposal site must not be located where nearby facilities or activities could adversely 

impact the ability of the site to meet the performance objectives of subpart C of this part or 

significantly mask the environmental monitoring program.

(b) Disposal site suitability requirements for land disposal other than near-surface (reserved).

§ 61.51 Disposal site design for land disposal.

(a) Disposal site design for near-surface disposal. (1) Site design features must be directed 

toward defense-in-depth, long-term isolation and avoidance of the need for continuing active 

maintenance after site closure.
36

(2) The disposal site design and operation must be compatible with the disposal site closure and 

stabilization plan and lead to disposal site closure that provides reasonable assurance that the 

performance objectives of subpart C of this part will be met.

(3) The disposal site must be designed to complement and improve, where appropriate, the 

ability of the disposal site's natural characteristics to assure that the performance objectives of 

subpart C of this part will be met.

(4) Covers must be designed to minimize to the extent practicable water infiltration, to direct 

percolating or surface water away from the disposed waste, and to resist degradation by surface 

geologic processes and biotic activity.

(5) Surface features must direct surface water drainage away from disposal units at velocities 

and gradients which will not result in erosion that will require ongoing active maintenance in the 

future.

(6) The disposal site must be designed to minimize to the extent practicable the contact of water 

with waste during storage, the contact of standing water with waste during disposal, and the 

contact of percolating or standing water with wastes after disposal.

(b) Disposal site design for other than near-surface disposal (reserved).

§ 61.52 Land disposal facility operation and disposal site closure.

(a) Near-surface disposal facility operation and disposal site closure. (1) Wastes designated as 

Class A pursuant to § 61.55, must be segregated from other wastes by placing in disposal units 

which are sufficiently separated from disposal units for the other waste classes so that any 

interaction between Class A wastes and other wastes will not result in the failure to meet the 

performance objectives in subpart C of this Part. This segregation is not necessary for Class A 

wastes if they meet the stability requirements in § 61.56(b) of this part.

(2) Wastes designated as Class C pursuant to § 61.55, must be disposed of so that the top of 

the waste is a minimum of 5 meters below the top surface of the cover or must be disposed of 

with intruder barriers that are designed to protect against an inadvertent intrusion for a least 500 

years.

(3) All wastes shall be disposed of in accordance with the requirements of paragraphs (a)(4) 

through (1113) of this section.

(4) Wastes must be emplaced in a manner that maintains the package integrity during 

emplacement, minimizes the void spaces between packages, and permits the void spaces to be 

filled.

(5) Void spaces between waste packages must be filled with earth or other material to reduce 

future subsidence within the fill.
37

(6) Waste must be placed and covered in a manner that limits the radiation dose rate at the 

surface of the cover to levels that at a minimum will permit the licensee to comply with all 

provisions of §§ 20.1301 and 20.1302 of this chapter at the time the license is transferred 

pursuant to § 61.30 of this part.

(7) The boundaries and locations of each disposal unit (e.g., trenches) must be accurately 

located and mapped by means of a land survey. Near-surface disposal units must be marked in 

such a way that the boundaries of each unit can be easily defined. Three permanent survey 

marker control points, referenced to United States Geological Survey (USGS) or National 

Geodetic Survey (NGS) survey control stations, must be established on the site to facilitate 

surveys. The USGS or NGS control stations must provide horizontal and vertical controls as 

checked against USGS or NGS record files.

(8) A buffer zone of land must be maintained between any buried waste and the disposal site 

boundary and beneath the disposed waste. The buffer zone shall be of adequate dimensions to 

allow a licensee to carry out environmental monitoring activities specified in § 61.53(d) of this 

part and take mitigative measures if needed.

(9) Closure and stabilization measures as set forth in the approved site closure plan must be 

carried out as each disposal unit (e.g., each trench) is filled and covered.

(10) Active waste disposal operations must not have an adverse effect on completed closure 

and stabilization measures.

(11) Only wastes containing or contaminated with radioactive materials shall be disposed of at 

the disposal site.

(12) Only waste meeting the acceptance criteria shall be disposed of at the disposal site.

(13) Waste will be disposed of consistent with the description provided in § 61.12(f) and the 

technical analyses required by § 61.13.

(b) Facility operation and disposal site closure for land disposal facilities other than near-surface 

(reserved).

[47 FR 57463, Dec. 27, 1982, as amended at 56 FR 23474, May 21, 1991; 56 FR 61352, Dec. 

3, 1991; 58 FR 67662, Dec. 22, 1993]

§ 61.53 Environmental monitoring.

(a) At the time a license application is submitted, the applicant shall have conducted a 

preoperational monitoring program to provide basic environmental data on the disposal site 

characteristics. The applicant shall obtain information about the ecology, meteorology, climate, 
38

hydrology, geology, geochemistry, and seismology of the disposal site. For those characteristics 

that are subject to seasonal variation, data must cover at least a twelve month period.

(b) The licensee must have plans for taking corrective measures if migration of radionuclides 

would indicate that the performance objectives of subpart C may not be met.

(c) During the land disposal facility site construction and operation, the licensee shall maintain a 

monitoring program. Measurements and observations must be made and recorded to provide 

data to evaluate the potential health and environmental impacts during both the construction 

and the operation of the facility and to enable the evaluation of long-term effects and the need 

for mitigative measures. The monitoring system must be capable of providing early warning of 

releases of radionuclides from the disposal site before they leave the site boundary.

(d) After the disposal site is closed, the licensee responsible for post-operational surveillance of 

the disposal site shall maintain a monitoring system based on the operating history and the 

closure and stabilization of the disposal site. The monitoring system must be capable of 

providing early warning of releases of radionuclides from the disposal site before they leave the 

site boundary.

§ 61.54 Alternative requirements for design and operations.

The Commission may, upon request or on its own initiative, authorize provisions other than 

those set forth in §§ 61.51 through 61.53 for the segregation and disposal of waste and for the 

design and operation of a land disposal facility on a specific basis, if it finds reasonable 

assurance of compliance with the performance objectives of subpart C of this part.

§ 61.55 Waste classification.

(a) Classification of waste for near surface disposal. (1) Considerations. Determination of the 

classification of radioactive waste involves two considerations. First, consideration must be 

given to the concentration of long-lived radionuclides (and their shorter-lived precursors) whose 

potential hazard will persist long after such precautions as institutional controls, improved waste 

form, and deeper disposal have ceased to be effective. These precautions delay the time when 

long-lived radionuclides could cause exposures. In addition, the magnitude of the potential dose 

is limited by the concentration and availability of the radionuclide at the time of exposure. 

Second, consideration must be given to the concentration of shorter-lived radionuclides for 

which requirements on institutional controls, waste form, and disposal methods are effective.

(2) Classes of waste. (i) Class A waste is waste that is usually segregated from other waste 

classes at the disposal site. The physical form and characteristics of Class A waste must meet 

the minimum requirements set forth in § 61.56(a). If Class A waste also meets the stability 

requirements set forth in § 61.56(b), it is not necessary to segregate the waste for disposal.

(ii) Class B waste is waste that must meet more rigorous requirements on waste form to ensure 

stability after disposal. The physical form and characteristics of Class B waste must meet both 

the minimum and stability requirements set forth in § 61.56.
39

(iii) Class C waste is waste that not only must meet more rigorous requirements on waste form 

to ensure stability but also requires additional measures at the disposal facility to protect against 

inadvertent intrusion. The physical form and characteristics of Class C waste must meet both 

the minimum and stability requirements set forth in § 61.56.

(iv) Waste that is not generally acceptable for near-surface disposal is waste for which form and 

disposal methods must be different, and in general more stringent, than those specified for 

Class C waste. In the absence of specific requirements in this part, such waste must be 

disposed of in a geologic repository as defined in part 60 or 63 of this chapter unless proposals 

for disposal of such waste in a disposal site licensed pursuant to this part are approved by the 

Commission.

(3) Classification determined by long-lived radionuclides. If radioactive waste contains only 

radionuclides listed in Table 1, classification shall be determined as follows:

(i) If the concentration does not exceed 0.1 times the value in Table 1, the waste is Class A.

(ii) If the concentration exceeds 0.1 times the value in Table 1 but does not exceed the value in 

Table 1, the waste is Class C.

(iii) If the concentration exceeds the value in Table 1, the waste is not generally acceptable for 

near-surface disposal.

(iv) For wastes containing mixtures of radionuclides listed in Table 1, the total concentration 

shall be determined by the sum of fractions rule described in paragraph (a)(7) of this section.

Table 1

Radionuclide Concentration curies per cubic meter 

C-14 8 

C-14 in activated metal 80 

Ni-59 in activated metal 220 

Nb-94 in activated metal 0.2 

Tc-99 3 

I-129 0.08 

Alpha emitting transuranic nuclides with half-life greater than 5 years 1100 

Pu-241 13,500 

Cm-242 120,000 

1Units are nanocuries per gram. 

(4) Classification determined by short-lived radionuclides. If radioactive waste does not contain 

any of the radionuclides listed in Table 1, classification shall be determined based on the 

concentrations shown in Table 2. However, as specified in paragraph (a)(6) of this section, if 

radioactive waste does not contain any nuclides listed in either Table 1 or 2, it is Class A.
40

(i) If the concentration does not exceed the value in Column 1, the waste is Class A.

(ii) If the concentration exceeds the value in Column 1, but does not exceed the value in Column 

2, the waste is Class B.

(iii) If the concentration exceeds the value in Column 2, but does not exceed the value in 

Column 3, the waste is Class C.

(iv) If the concentration exceeds the value in Column 3, the waste is not generally acceptable for 

near-surface disposal.

(v) For wastes containing mixtures of the nuclides listed in Table 2, the total concentration shall 

be determined by the sum of fractions rule 

Table 2

Radionuclide Concentration, curies per cubic meter 

Col. 1 Col. 2 Col. 3 

Total of all nuclides with less than 5 year half-life 700 (1) (1) 

H-3 40 (1) (1) 

Co-60 700 (1) (1) 

Ni-63 3.5 70 700 

Ni-63 in activated metal 35 700 7000 

Sr-90 0.04 150 7000 

Cs-137 1 44 4600 

1 There are no limits established for these radionuclides in Class B or C wastes. Practical 

considerations such as the effects of external radiation and internal heat generation on 

transportation, handling, and disposal will limit the concentrations for these wastes. These 

wastes shall be Class B unless the concentrations of other nuclides in Table 2 determine the 

waste to the Class C independent of these nuclides. 

(5) Classification determined by both long- and short-lived radionuclides. If radioactive waste 

contains a mixture of radionuclides, some of which are listed in Table 1, and some of which are 

listed in Table 2, classification shall be determined as follows:

(i) If the concentration of a nuclide listed in Table 1 does not exceed 0.1 times the value listed in 

Table 1, the class shall be that determined by the concentration of nuclides listed in Table 2.

(ii) If the concentration of a nuclide listed in Table 1 exceeds 0.1 times the value listed in Table 1 

but does not exceed the value in Table 1, the waste shall be Class C, provided the 

concentration of nuclides listed in Table 2 does not exceed the value shown in Column 3 of 

Table 2.
41

(6) Classification of wastes with radionuclides other than those listed in Tables tables 1 and 2 of 

this section. If radioactive waste does not contain any nuclides listed in either Table table 1 or 2

of this section, it is Class A.

(7) The sum of the fractions rule for mixtures of radionuclides. For determining classification for 

waste that contains a mixture of radionuclides, it is necessary to determine the sum of fractions 

by dividing each nuclide's concentration by the appropriate limit and adding the resulting values. 

The appropriate limits must all be taken from the same column of the same table. The sum of 

the fractions for the column must be less than 1.0 if the waste class is to be determined by that 

column. Example: A waste contains Sr-90 in a concentration of 50 Ci/m3. and Cs-137 in a 

concentration of 22 Ci/m3. Since the concentrations both exceed the values in Column 1, Table 

2, they must be compared to Column 2 values. For Sr-90 fraction 50/150=0.33; for Cs-137 

fraction, 22/44=0.5; the sum of the fractions=0.83. Since the sum is less than 1.0, the waste is 

Class B.

(8) Determination of concentrations in wastes. The concentration of a radionuclide may be 

determined by indirect methods such as use of scaling factors which relate the inferred 

concentration of one radionuclide to another that is measured, or radionuclide material 

accountability, if there is reasonable assurance that the indirect methods can be correlated with 

actual measurements. The concentration of a radionuclide may be averaged over the volume of 

the waste, or weight of the waste if the units are expressed as nanocuries per gram.

[47 FR 57463, Dec. 27, 1982, as amended at 54 FR 22583, May 25, 1989; 66 FR 55792, Nov. 

2, 2001]

§ 61.56 Waste characteristics.

(a) The following requirements are minimum requirements for all classes of waste and are 

intended to facilitate handling at the disposal site and provide protection of health and safety of 

personnel at the disposal site.

(1) Waste must not be packaged for disposal in cardboard or fiberboard boxes.

(2) Liquid waste must be solidified or packaged in sufficient absorbent material to absorb twice 

the volume of the liquid.

(3) Solid waste containing liquid shall contain as little free standing and noncorrosive liquid as is 

reasonably achievable, but in no case shall the liquid exceed 1% of the volume.

(4) Waste must not be readily capable of detonation or of explosive decomposition or reaction at 

normal pressures and temperatures, or of explosive reaction with water.

(5) Waste must not contain, or be capable of generating, quantities of toxic gases, vapors, or 

fumes harmful to persons transporting, handling, or disposing of the waste. This does not apply 

to radioactive gaseous waste packaged in accordance with paragraph (a)(7) of this section.
42

(6) Waste must not be pyrophoric. Pyrophoric materials contained in waste shall be treated, 

prepared, and packaged to be nonflammable.

(7) Waste in a gaseous form must be packaged at a pressure that does not exceed 1.5 

atmospheres at 20 °C. Total activity must not exceed 100 curies per container.

(8) Waste containing hazardous, biological, pathogenic, or infectious material must be treated to 

reduce to the maximum extent practicable the potential hazard from the non-radiological 

materials.

(b) The requirements in this section are intended to provide stability of the waste. Stability is 

intended to ensure that the waste does not structurally degrade and affect overall stability of the 

site through slumping, collapse, or other failure of the disposal unit and thereby lead to water 

infiltration. Stability is also a factor in limiting exposure to an inadvertent intruder, since it 

provides a recognizable and nondispersible waste.

(1) Waste must have structural stability. A structurally stable waste form will generally maintain 

its physical dimensions and its form, under the expected disposal conditions such as weight of 

overburden and compaction equipment, the presence of moisture, and microbial activity, and 

internal factors such as radiation effects and chemical changes. Structural stability can be 

provided by the waste form itself, processing the waste to a stable form, or placing the waste in 

a disposal container or structure that provides stability after disposal.

(2) Notwithstanding the provisions in § 61.56(a) (2) and (3), liquid wastes, or wastes containing 

liquid, must be converted into a form that contains as little free standing and noncorrosive liquid 

as is reasonably achievable, but in no case shall the liquid exceed 1% of the volume of the 

waste when the waste is in a disposal container designed to ensure stability, or 0.5% of the 

volume of the waste for waste processed to a stable form.

(3) Void spaces within the waste and between the waste and its package must be reduced to 

the extent practicable.

§ 61.57 Labeling.

Each package of waste must be clearly labeled to identify any information required by the land 

disposal facility’s criteria for waste acceptance developed according to § 61.58. Each package 

of waste disposed in a land disposal facility with waste acceptance criteria developed in 

accordance with the waste classification requirements must indicate whether it is Class A waste, 

Class B waste, or Class C waste, in accordance with § 61.55.

§ 61.58 Waste acceptanceAlternative requirements for waste classification and characteristics.

The Commission may, upon request or on its own initiative, authorize other provisions for the 

classification and characteristics of waste on a specific basis, if, after evaluation, of the specific 
43

characteristics of the waste, disposal site, and method of disposal, it finds reasonable 

assurance of compliance with the performance objectives in subpart C of this part.

(a) Waste acceptance criteria. Each applicant shall provide, for approval by the Commission, 

criteria for the acceptance of waste for disposal that provide reasonable assurance of 

compliance with the performance objectives of subpart C of this part. Waste acceptance criteria 

shall specify, at a minimum, the following:

(1) Allowable activities and concentrations of specific radionuclides. Allowable activities and 

concentrations shall be developed from the technical analyses required by either § 61.13 for any 

land disposal facility or the waste classification requirements set forth in § 61.55 for a nearsurface disposal facility.

(2) Acceptable wasteform characteristics and container specifications. The characteristics and 

specifications shall meet the minimum requirements for waste characteristics set forth in § 

61.56(a) for all waste, and the requirements in § 61.56(b) for waste that requires stability to 

demonstrate compliance with the performance objectives of subpart C of this part.

(3) Restrictions or prohibitions on waste, materials, or containers that might affect the facility’s 

ability to meet the performance objectives in subpart C of this part.

(b) Waste characterization. Each applicant shall provide, for Commission approval, acceptable 

methods for characterizing the waste for acceptance. The methods shall identify the 

characterization parameters and acceptable uncertainty in the characterization data. The 

following information, at a minimum, shall be required to characterize waste:

(1) Physical and chemical characteristics;

(2) Volume, including the waste and any stabilization or absorbent media;

(3) Weight of the container and contents;

(4) Identities, activities, and concentrations;

(5) Characterization date;

(6) Generating source; and

(7) Any other information needed to characterize the waste to demonstrate that the waste 

acceptance criteria set forth in § 61.58(a) are met.

(c) Waste certification. Each applicant shall provide, for Commission approval, a program to 

certify that waste meets the acceptance criteria prior to shipment to the disposal facility. The 

certification program shall:
44

(1) Designate authority to certify and receive waste for disposal at the disposal facility.

(2) Provide procedures for certifying that waste meets the waste acceptance criteria.

(3) Specify documentation required for waste acceptance including waste characterization, 

shipment (including the requirements set forth in appendix G of 10 CFR part 20), and 

certification.

(4) Identify records, reports, tests, and inspections that are necessary to comply with the 

requirements in § 61.80.

(5) Provide approaches for managing waste that has been certified as meeting the waste 

acceptance criteria in a manner that maintains its certification status.

(d) Licensees with licenses for land disposal facilities in effect on the effective date of this 

subpart shall comply with the requirements of paragraphs (a), (b), and (c) of this section at the 

next license renewal or within 5 years of the effective date of this subpart, whichever comes 

first.

(e) For license applicants, the waste acceptance criteria will be incorporated into the facility 

license. For licensees with licenses for land disposal facilities in effect on the effective date of 

this subpart, upon Commission approval and if otherwise consistent with applicable State and 

Federal law, the NRC will issue an amendment to the license incorporating the waste 

acceptance criteria in to the existing license.

(f) Each licensee shall annually review the content and implementation of the waste acceptance 

criteria, waste characterization methods, and certification program.

(g) Applications for modification of approved waste acceptance criteria must be filed in 

accordance with § 61.20. 

(h) In determining whether waste acceptance criteria will be approved, the Commission will 

apply the criteria set forth in § 61.23.

§ 61.59 Institutional requirements.

(a) Land ownership. Disposal of radioactive waste received from other persons may be 

permitted only on land owned in fee by the Federal or a State government.

(b) Institutional control. The land owner or custodial agency shall carry out an institutional 

control program to physically control access to the disposal site following transfer of control of 

the disposal site from the disposal site operator. The institutional control program must also 

include, but not be limited to, carrying out an environmental monitoring program at the disposal 

site, periodic surveillance, minor custodial care, and other requirements as determined by the 

Commission; and administration of funds to cover the costs for these activities. The period of 
45

institutional controls will be determined by the Commission, but institutional controls may not be 

relied upon for more than 100 years following transfer of control of the disposal site to the 

owner.

Subpart E--Financial Assurances

§ 61.61 Applicant qualifications and assurances.

Each applicant shall show that it either possesses the necessary funds or has reasonable 

assurance of obtaining the necessary funds, or by a combination of the two, to cover the 

estimated costs of conducting all licensed activities over the planned operating life of the 

project, including costs of construction and disposal.

§ 61.62 Funding for disposal site closure and stabilization.

(a) The applicant shall provide assurance that sufficient funds will be available to carry out 

disposal site closure and stabilization, including: (1) Decontamination or dismantlement of land 

disposal facility structures; and (2) closure and stabilization of the disposal site so that following 

transfer of the disposal site to the site owner, the need for ongoing active maintenance is 

eliminated to the extent practicable and only minor custodial care, surveillance, and monitoring 

are required. These assurances shall be based on Commission-approved cost estimates 

reflecting the Commission-approved plan for disposal site closure and stabilization. The 

applicant's cost estimates must take into account total capital costs that would be incurred if an 

independent contractor were hired to perform the closure and stabilization work.

(b) In order to avoid unnecessary duplication and expense, the Commission will accept financial 

sureties that have been consolidated with earmarked financial or surety arrangements 

established to meet requirements of other Federal or State agencies and/or local governing 

bodies for such decontamination, closure and stabilization. The Commission will accept this 

arrangement only if they are considered adequate to satisfy these requirements and that the 

portion of the surety which covers the closure of the disposal site is clearly identified and 

committed for use in accomplishing these activities.

(c) The licensee's surety mechanism will be annually reviewed by the Commission to assure 

that sufficient funds are available for completion of the closure plan, assuming that the work has 

to be performed by an independent contractor.

(d) The amount of surety liability should change in accordance with the predicted cost of future 

closure and stabilization. Factors affecting closure and stabilization cost estimates include: 

inflation; increases in the amount of disturbed land; changes in engineering plans; closure and 

stabilization that has already been accomplished and any other conditions affecting costs. This 

will yield a surety that is at least sufficient at all times to cover the costs of closure of the 

disposal units that are expected to be used before the next license renewal.

(e) The term of the surety mechanism must be open ended unless it can be demonstrated that 

another arrangement would provide an equivalent level of assurance. This assurance could be 

provided with a surety mechanism which is written for a specified period of time (e.g., five years) 
46

yet which must be automatically renewed unless the party who issues the surety notifies the 

Commission and the beneficiary (the site owner) and the principal (the licensee) not less than 

90 days prior to the renewal date of its intention not to renew. In such a situation the licensee 

must submit a replacement surety within 30 days after notification of cancellation. If the licensee 

fails to provide a replacement surety acceptable to the Commission, the site owner may collect 

on the original surety.

(f) Proof of forfeiture must not be necessary to collect the surety so that in the event that the 

licensee could not provide an acceptable replacement surety within the required time, the surety 

shall be automatically collected prior to its expiration. The conditions described above would 

have to be clearly stated on any surety instrument which is not open-ended, and must be 

agreed to by all parties. Liability under the surety mechanism must remain in effect until the 

closure and stabilization program has been completed and approved by the Commission and 

the license has been transferred to the site owner.

(g) Financial surety arrangements generally acceptable to the Commission include: surety 

bonds, cash deposits, certificates of deposits, deposits of government securities, escrow 

accounts, irrevocable letters or lines of credit, trust funds, and combinations of the above or 

such other types of arrangements as may be approved by the Commission. However, selfinsurance, or any arrangement which essentially constitutes pledging the assets of the licensee, 

will not satisfy the surety requirement for private sector applicants since this provides no 

additional assurance other than that which already exists through license requirements.

§ 61.63 Financial assurances for institutional controls.

(a) Prior to the issuance of the license, the applicant shall provide for Commission review and 

approval a copy of a binding arrangement, such as a lease, between the applicant and the 

disposal site owner that ensures that sufficient funds will be available to cover the costs of 

monitoring and any required maintenance during the institutional control period. The binding 

arrangement will be reviewed periodically by the Commission to ensure that changes in 

inflation, technology and disposal facility operations are reflected in the arrangements.

(b) Subsequent changes to the binding arrangement specified in paragraph (a) of this section 

relevant to institutional control shall be submitted to the Commission for approval.

Subpart F--Participation by State Governments and Indian Tribes

§ 61.70 Scope.

This subpart describes mechanisms through which the Commission will implement a formal 

request from a State or tribal government to participate in the review of a license application for 

a land disposal facility. Nothing in this subpart may be construed to bar the State or tribal 

governing body from participating in subsequent Commission proceedings concerning the 

license application as provided under Federal law and regulations.

§ 61.71 State and Tribal government consultation.
47

Upon request of a State or tribal governing body, the Director shall make available Commission 

staff to discuss with representatives of the State or tribal governing body information submitted 

by the applicant, applicable Commission regulations, licensing procedures, potential schedules, 

and the type and scope of State activities in the license review permitted by law. In addition, 

staff shall be made available to consult and cooperate with the State or tribal governing body in 

developing proposals for participation in the license review.

§ 61.72 Filing of proposals for State and Tribal participation.

(a) A State or tribal governing body whose interest is affected by a near-surface disposal facility 

at the proposed site may submit to the Director a proposal for participation in the review of a 

license application. Proposals must be submitted within the following time periods:

(1) For the State in which the disposal facility will be located, or any State that is member of an 

interstate compact that includes the State in which the disposal facility is located, no later than 

45 days following publication in the Federal Register of the notice of tendering of an application 

submitted under § 61.20.

(2) For any other State, or for a tribal governing body, no later than 120 days following 

publication in the Federal Register of the notice of tendering of an application submitted under § 

61.20.

(b) Proposals for participation in the licensing process must be made in writing and must be 

signed by the Governor of the State or the official otherwise provided for by State or tribal law.

(c) At a minimum, proposals must contain each of the following items of information:

(1) A general description of how the State or tribe wishes to participate in the licensing process 

specifically identifying those issues it wishes to review.

(2) A description of material and information which the State or tribe plans to submit to the 

Commission for consideration in the licensing process. A tentative schedule referencing steps in 

the review and calendar dates for planned submittals should be included.

(3) A description of any work that the State or tribe proposes to perform for the Commission in 

support of the licensing process.

(4) A description of State or tribal plans to facilitate local government and citizen participation.

(5) A preliminary estimate of the types and extent of impacts which the State expects, should a 

disposal facility be located as proposed.

(6) If desired, any requests for educational or information services (seminars, public meetings) 

or other actions from the Commission such as establishment of additional Public Document 

Rooms or exchange of State personnel under the Intergovernmental Personnel Act.
48

§ 61.73 Commission approval of proposals.

(a) Upon receipt of a proposal submitted in accordance with § 61.72, the Director shall arrange 

for a meeting between the representatives of the State or tribal governing body and the 

Commission staff to discuss the proposal and to ensure full and effective participation by the 

State or tribe in the Commission's license review.

(b) If requested by a State or tribal governing body, the Director may approve all or any part of a 

proposal if the Director determines that:

(1) The proposed activities are within the scope of Commission statutory responsibility and the 

type and magnitude of impacts which the State or tribe may bear are sufficient to justify their 

participation; and

(2) The proposed activities will contribute productively to the licensing review.

(c) The decision of the Director will be transmitted in writing to the governor or the designated 

official of the tribal governing body.

(d) Participation by a State or Indian tribe shall not affect their rights to participate in an 

adjudicatory hearing as provided by part 2 of this chapter.

Subpart G—Records, Reports, Tests, and Inspections

§ 61.80 Maintenance of records, reports, and transfers.

(a) Each licensee shall maintain any records and make any reports in connection with the 

licensed activities as may be required by the conditions of the license or by the rules, 

regulations, and orders of the Commission.

(b) Records which are required by the regulations in this part or by license conditions must be 

maintained for a period specified by the appropriate regulations in this chapter or by license 

condition. If a retention period is not otherwise specified, these records must be maintained and 

transferred to the officials specified in paragraph (e) of this section as a condition of license 

termination unless the Commission otherwise authorizes their disposition.

(c) Records which must be maintained pursuant to this part may be the original or a reproduced 

copy or a microform if this reproduced copy or microform is capable of producing copy that is 

clear and legible at the end of the required retention period. The record may also be stored in 

electronic media with the capability for producing legible, accurate, and complete records during 

the required retention period. Records such as letters, drawings, specifications, must include all 

pertinent information such as stamps, initials, and signatures. The licensee shall maintain 

adequate safeguards against tampering with and loss of records.
49

(d) If there is a conflict between the Commission's regulations in this part, license condition, or 

other written Commission approval or authorization pertaining to the retention period for the 

same type of record, the longest retention period specified takes precedence.

(e) Notwithstanding paragraphs (a) through (d) of this section, the licensee shall record the 

location and the quantity of radioactive wastes contained in the disposal site and transfer these 

records upon license termination to the chief executive of the nearest municipality, the chief 

executive of the county in which the facility is located, the county zoning board or land 

development and planning agency, the State governor and other State, local, and Federal 

governmental agencies as designated by the Commission at the time of license termination.

(f) Following receipt and acceptance of a shipment of radioactive waste, the licensee shall 

record the date that the shipment is received at the disposal facility, the date of disposal of the 

waste, a traceable shipment manifest number, a description of any engineered barrier or 

structural overpack provided for disposal of the waste, the location of disposal at the disposal 

site, the containment integrity of the waste disposal containers as received, any discrepancies 

between materials listed on the manifest and those received, the volume of any pallets, bracing, 

or other shipping or onsite generated materials that are contaminated, and are disposed of as 

contaminated or suspect materials, and any evidence of leaking or damaged disposal 

containers or radiation or contamination levels in excess of limits specified in Department of 

Transportation and Commission regulations. The licensee shall briefly describe any repackaging 

operations of any of the disposal containers included in the shipment, plus any other information 

required by the Commission as a license condition. The licensee shall retain these records until 

the Commission transfers or terminates the license that authorizes the activities described in 

this section.

(g) Each licensee shall comply with the safeguards reporting requirements of §§ 30.55, 40.64, 

74.13, and 74.15 of this chapter if the quantities or activities of materials received or transferred 

exceed the limits of these sections. Inventory reports required by these sections are not 

required for materials after disposal.

(h) Each licensee authorized to dispose of radioactive waste received from other persons shall 

file a copy of its financial report or a certified financial statement annually with the Commission 

in order to update the information base for determining financial qualifications.

(i)(1) Each licensee authorized to dispose of waste materials received from other persons under 

this part shall submit annual reports to the Director, Office of Office of Nuclear Material Safety 

and Safeguards, by an appropriate method listed in § 6061.4 of this chapter, with a copy to the 

appropriate NRC Regional Office shown in appendix D to part 10 CFR part 20 of this chapter. 

Reports must be submitted by the end of the first calendar quarter of each year for the 

preceding year.

(2) The reports shall include: (i) specification Specification of the quantity of each of the principal 

radionuclides released to unrestricted areas in liquid and in airborne effluents during the 
50

preceding year, ; (ii) the The results of the environmental monitoring program, ; (iii) a A 

summary of licensee disposal unit survey and maintenance activities, ; (iv) a A summary, by 

waste class, of activities and quantities of radionuclides disposed of, ; (v) any Any instances in 

which observed site characteristics were significantly different from those described in the 

application for a license; and (vi) any Any other information the Commission may require. 

(3) If the quantities of radioactive materials released during the reporting period, monitoring 

results, or maintenance performed are significantly different from those expected in the 

materials previously reviewed as part of the licensing action, the report must cover this 

specifically.

(j) Each licensee shall report in accordance with the requirements of § 70.52 of this chapter.

(k) Any transfer of byproduct, source, and special nuclear materials by the licensee is subject to 

the requirements in §§ 30.41, 40.51, and 70.42 of this chapter. Byproduct, source and special 

nuclear material means materials as defined in these parts, respectively.

(l) In addition to the other requirements of this section, the licensee shall store, or have stored, 

manifest and other information pertaining to receipt and disposal of radioactive waste in an 

electronic recordkeeping system.

(1) The manifest information that must be electronically stored is—

(i) That required in 10 CFR part 20, appendix G, with the exception of shipper and carrier 

telephone numbers and shipper and consignee certifications; and

(ii) That information required in paragraph (f) of this section.

(2) As specified in facility license conditions, the licensee shall report the stored information, or 

subsets of this information, on a computer-readable medium.

(m) Each licensee shall maintain waste acceptance records including:

(1) Provisions for waste acceptance including the waste acceptance criteria, characterization 

methods, and certification program. 

(2) Audits and other reviews of program content and implementation. The licensee shall retain 

records of audits and other reviews for 3 years after the record is made.

[47 FR 57463, Dec. 27, 1982, as amended at 52 FR 31612, Aug. 21, 1987; 53 FR 19251, May 

27, 1988; 58 FR 33891, June 22, 1993; 60 FR 15666, Mar. 27, 1995; 67 FR 78141, Dec. 23. 

2002; 68 FR 58814, Oct. 10, 2003; 73 FR 5725, Jan. 31, 2008; 79 FR 75740, Dec. 19, 2014]

§ 61.81 Tests at land disposal facilities.
51

(a) Each licensee shall perform, or permit the Commission to perform, any tests as the 

Commission deems appropriate or necessary for the administration of the regulations in this 

part, including tests of:

(1) Radioactive wastes and facilities used for the receipt, storage, treatment, handling and 

disposal of radioactive wastes.

(2) Radiation detection and monitoring instruments; and

(3) Other equipment and devices used in connection with the receipt, possession, handling, 

treatment, storage, or disposal of radioactive waste.

§ 61.82 Commission inspections of land disposal facilities.

(a) Each licensee shall afford to the Commission at all reasonable times opportunity to inspect 

radioactive waste not yet disposed of, and the premises, equipment, operations, and facilities in 

which radioactive wastes are received, possessed, handled, treated, stored, or disposed of.

(b) Each licensee shall make available to the Commission for inspection, upon reasonable 

notice, records kept by it pursuant to the regulations in this chapter. Authorized representatives 

of the Commission may copy and take away copies of, for the Commission's use, any record 

required to be kept pursuant to this part.

§ 61.83 Violations.

(a) The Commission may obtain an injunction or other court order to prevent a violation of the 

provisions of--

(1) The Atomic Energy Act of 1954, as amended;

(2) Title II of the Energy Reorganization Act of 1974, as amended; or

(3) A regulation or order issued pursuant to those Acts.

(b) The Commission may obtain a court order for the payment of a civil penalty imposed under 

section 234 of the Atomic Energy Act:

(1) For violations of--

(i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, 

as amended;

(ii) Section 206 of the Energy Reorganization Act;

(iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) 

of this section;
52

(iv) Any term, condition, or limitation of any license issued under the sections specified in 

paragraph (b)(1)(i) of this section.

(2) For any violation for which a license may be revoked under section 186 of the Atomic Energy 

Act of 1954, as amended.

[57 FR 55077, Nov. 24, 1992]

§ 61.84 Criminal penalties.

(a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions 

for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued 

under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in 

part 61 are issued under one or more of sections 161b, 161i, or 161o, except for the sections 

listed in paragraph (b) of this section.

(b) The regulations in part 61 that are not issued under sections 161b, 161i, or 161o for the 

purposes of Section 223 are as follows: §§ 61.1, 61.2, 61.4, 61.5, 61.6, 61.7, 61.8, 61.10, 61.11, 

61.12, 61.13, 61.14, 61.15, 61.16, 61.20, 61.21, 61.22, 61.23, 61.26, 61.30, 61.31, 61.50, 61.51, 

61.54, 61.55, 61.58, 61.59, 61.61, 61.63, 61.70, 61.71, 61.72, 61.73, 61.83, and 61.84.

[57 FR 55077, Nov. 24, 1992]