[Code of Federal Regulations]
[Title 10, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR61]
[Page 199-226]
TITLE 10--ENERGY
CHAPTER I--NUCLEAR REGULATORY COMMISSION (CONTINUED)
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.
[[Page 200]]
61.29 Post-closure observation and maintenance.
61.30 Transfer of license.
61.31 Termination of license.
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
characteristics.
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: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat.
930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077,
2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat.
1244, 1246, (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95-601, 92
Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec. 2902,
106 Stat. 3123, (42 U.S.C. 5851); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note).
Section 61.9 is also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C.
5851).
Source: 47 FR 57463, Dec. 27, 1982, unless otherwise noted.
Subpart A_General Provisions
Sec. 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
Sec. 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 Sec. 40.4 (a-1) 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,
[[Page 201]]
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 Sec. 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]
Sec. 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 Sec. Sec. 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.
Custodial Agency means an agency of the government designated to act
on behalf of the government owner 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.
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, or other pursuits in which the person might be
unknowingly exposed to radiation from the waste.
[[Page 202]]
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.
License means a license issued under the regulations in part 61 of
this chapter. Licensee means the holder of such a license.
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.
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.
Pyrophoric liquid means any liquid that ignites spontaneously in dry
or moist air at or below 130[deg]F (54.5[deg]C). 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.
Site closure and stablization 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 high-
level 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 Sec. 20.1003 of this
chapter.
[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]
Sec. 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 Sec. 61.6 of this part.
[[Page 203]]
(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.
Sec. 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 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 calling (301) 415-0439, by
e-mail to EIE@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.
[68 FR 58814, Oct. 10, 2003]
Sec. 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.
Sec. 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.
Sec. 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 are partially or fully above-grade with no
protective earthen cover, which are referred to as ``above-ground
disposal.'' Burial deeper than 30 meters may also be satisfactory.
Technical requirements for alternative methods may be added in the
future.
(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. In choosing a disposal site, site characteristics should be
considered in terms of the indefinite future and evaluated for at least
a 500-year timeframe.
[[Page 204]]
(b) Waste classification and near-surface disposal. (1) Disposal of
radioactive waste in near-surface disposal facilities has the following
safety objectives: protection of the general population from releases of
radioactivity, protection of individuals from inadvertent intrusion, and
protection of individuals during operations. A fourth objective is to
ensure stability of the site after closure.
(2) A cornerstone of the system is stability--stability of the waste
and the disposal site so that once emplaced and covered, the access of
water to the waste can be minimized. Migration of radionuclides is thus
minimized, long-term active maintenance can be avoided, and potential
exposures to intruders reduced. While stability is a desirable
characteristic for all waste much radioactive waste does not contain
sufficient amounts of radionuclides 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. 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. The Class A waste will be disposed of in separate
disposal units at the disposal site. However, Class A waste that is
stable may be mixed with other classes of waste. Those higher activity
wastes that should be stable for proper disposal are classed 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. For certain
radionuclides prone to migration, a maximum disposal site inventory
based on the characteristics of the disposal site may be established to
limit potential exposure.
(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.
(4) 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 waste contain types and quantities of radioisotopes that will decay
during the 100-year period and will present an acceptable hazard to an
intruder. 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.
(5) Waste that will not decay to levels which present an acceptable
hazard to an intruder within 100 years is designated as Class C waste.
This waste is 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 500 years. A maximum
concentration of radionuclides is specified for all wastes so that at
the end of the 500 year period, remaining radioactivity will be at a
level that does not pose an unacceptable hazard to an intruder or 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 near-surface disposal with special
processing or design. These will be evaluated on a case-by-case basis.
Class C waste must also be stable.
[[Page 205]]
(c) 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. 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 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 Department of Energy is the Federal
agency administering the land on bahalf 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,
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]
Sec. 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 appear in Sec. Sec. 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,
[[Page 206]]
61.53, 61.55, 61.57, 61.58, 61.61, 61.62, 61.63, 61.72, and 61.80.
[58 FR 33891, June 22, 1993, as amended at 62 FR 52188, Oct. 6, 1997]
Sec. 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.
(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.
(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
[[Page 207]]
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, by
calling (301) 415-5877, via e-mail to forms@nrc.gov, or by visiting the
NRC's Web site at http://www.nrc.gov and selecting forms from the index
found on the home page.
(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]
Sec. 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 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]
Sec. 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
[[Page 208]]
(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
Sec. 61.10 Content of application.
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
information as set forth in Sec. Sec. 61.11 through 61.16. An
environmental report prepared in accordance with subpart A of part 51 of
this chapter must accompany the application.
[49 FR 9405, Mar. 12, 1984]
Sec. 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.
(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.
Sec. 61.12 Specific technical information.
The specific technical information must include the following
information needed for demonstration 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, 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
[[Page 209]]
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 the applicant has
applied to the design and which will apply to construction of the land
disposal facilities.
(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 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.
(j) A description of the quality assurance program, tailored to LLW
disposal, developed and applied by the applicant for the determination
of natural disposal site characteristics and for 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 Sec. 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.
(n) A description of the facility electronic recordkeeping system as
required in Sec. 61.80.
[47 FR 57463, Dec. 27, 1982, as amended at 58 FR 33891, June 22, 1993;
60 FR 15666, Mar. 27, 1995]
Sec. 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:
(a) 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 Sec. 61.41.
[[Page 210]]
(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 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
there will not be a need for ongoing active maintenance of the disposal
site following closure.
Sec. 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 Sec. 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.
Sec. 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.
Sec. 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 Sec. 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 Sec. 70.24(d). In
determining whether receipt and possession would be subject to the
requirements of Sec. 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.
Sec. 61.20 Filing and distribution of application.
(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.
[[Page 211]]
(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]
Sec. 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]
Sec. 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]
Sec. 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, land
disposal facility operations (including equipment, facilities, and
procedures), disposal site closure, and postclosure institutional
control are adequate to protect the public health and safety in that
they provide reasonable assurance that the general population will be
protected from releases of radioactivity as specified in the performance
objective in Sec. 61.41, Protection of the general population from
releases of radioactivity.
(c) The applicant's proposed disposal site, disposal site design,
land disposal facility operations (including equipment, facilities, and
procedures), disposal site closure, and postclosure institutional
control are adequate to protect the public health and safety in that
they will provide reasonable assurance that individual inadvertent
intruders are protected in accordance with the performance objective in
Sec. 61.42, Protection of individuals from inadvertent intrusion.
(d) The applicant's proposed land disposal facility operations,
including equipment, facilities, and procedures, are adequate to protect
the public health and safety in that 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,
land disposal facility operations, disposal site closure, and
postclosure institutional control are adequate to protect the public
health and safety in that 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
[[Page 212]]
section and that the institutional control meets the requirements of
Sec. 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 Sec. 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 Sec. 61.16, Other information, is adequate.
(l) The requirements of subpart A of part 51 of this chapter have
been met.
[47 FR 57463, Dec. 27, 1982, as amended at 49 FR 9405, Mar. 12, 1984]
Sec. 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 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.
[[Page 213]]
(i) Any licensee who receives and possesses special nuclear material
under this part in quantities that would be subject to the requirements
of Sec. 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 Sec. 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]
Sec. 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 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: (1) those
features and procedures which 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 Commission approval; (2) those features
and procedures which may not be changed without (i) 60 days prior notice
to the Commisson, and (ii) prior Commission approval; and (3) those
features and procedures which may not be changed without 60 days prior
notice to the Commission. Features and procedures falling in paragraph
(a)(3) of this section may not be changed without prior Commission
approval if the Commission, after having received the required notice,
so orders.
(b) Amendments authorizing 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 notice for
opportunity for hearings provided in paragraph (a)(1) of this section to
State and local officials or tribal governing bodies specified in Sec.
2.104(e) of part 2 of this chapter.
Sec. 61.26 Amendment of license.
(a) An application for amendment of a license must be filed in
accordance with Sec. 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 Sec.
61.23.
Sec. 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 Sec. 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 Sec. Sec. 61.10 through 61.16 and Sec. 61.20.
Applications for closure must be filed in accordance with Sec. Sec.
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.
(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
[[Page 214]]
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 Sec. 61.23.
Sec. 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 and specific details of the disposal site closure plan
included as part of the license application submitted under Sec.
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.
(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]
Sec. 61.29 Post-closure observation and maintenance.
Following completion of closure authorized in Sec. 61.28, the
licensee shall observe, monitor, and carry out necessary maintenance and
repairs at the disposal site until the license is transferred by the
Commission in accordance with Sec. 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.
Sec. 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 Sec. 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 Sec. 61.23(g) will be met.
[47 FR 57463, Dec. 27, 1982, as amended at 61 FR 24674, May 16, 1996]
Sec. 61.31 Termination of license.
(a) Following any period of institutional control needed to meet the
requirements found necessary under Sec. 61.23, the licensee may apply
for an amendment to terminate the license.
[[Page 215]]
(b) This application must be filed, and will be reviewed, in
accordance with the provision of Sec. 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 Sec. 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.
(3) That the records required by Sec. 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]
Subpart C_Performance Objectives
Sec. 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 Sec. Sec. 61.41 through 61.44.
Sec. 61.41 Protection of the general population from releases of
radioactivity.
Concentrations of radioactive material which 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
25 millirems to the whole body, 75 millirems to the thyroid, and 25
millirems to any other organ of any member of the public. Reasonable
effort should be made to maintain releases of radioactivity in effluents
to the general environment as low as is reasonably achievable.
Sec. 61.42 Protection of individuals from inadvertent intrusion.
Design, operation, and closure of the land disposal facility must
ensure protection of any individual inadvertently intruding into the
disposal site and occupying the site or contacting the waste at any time
after active institutional controls over the disposal site are removed.
Sec. 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 Sec. 61.41
of this part. Every reasonable effort shall be made to maintain
radiation exposures as low as is reasonably achievable.
Sec. 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 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
Sec. 61.50 Disposal site suitability requirements for land disposal.
(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 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.
(2) The disposal site shall be capable of being characterized,
modeled, analyzed and monitored.
(3) 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
[[Page 216]]
the ability of the disposal facility to meet the performance objectives
of subpart C of this part.
(4) 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.
(9) Areas must be avoided where tectonic processes such as faulting,
folding, seismic activity, or vulcanism 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.
(10) 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.
(11) 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).
Sec. 61.51 Disposal site design for land disposal.
(a) Disposal site design for near-surface disposal. (1) Site design
features must be directed toward long-term isolation and avoidance of
the need for continuing active maintenance after site closure.
(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).
[[Page 217]]
Sec. 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 Sec. 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 Sec. 61.56(b) of this part.
(2) Wastes designated as Class C pursuant to Sec. 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 (11) 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.
(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
Sec. Sec. 20.1301 and 20.1302 of this chapter at the time the license
is transferred pursuant to Sec. 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 carry out environmental
monitoring activities specified in Sec. 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.
(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]
Sec. 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, 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
[[Page 218]]
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.
Sec. 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 Sec. Sec. 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.
Sec. 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 Sec. 61.56(a). If Class A waste also meets
the stability requirements set forth in Sec. 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 Sec. 61.56.
(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
Sec. 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
[[Page 219]]
total concentration shall be determined by the sum of fractions rule
described in paragraph (a)(7) of this section.
Table 1
------------------------------------------------------------------------
Concentration
Radionuclide 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 \1\ 100
greater than 5 years....................................
Pu-241................................................... \1\ 3,500
Cm-242................................................... \1\ 20,000
------------------------------------------------------------------------
\1\ Units 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.
(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 described in paragraph (a)(7) of this section.
Table 2
------------------------------------------------------------------------
Concentration, curies
per cubic meter
Radionuclide ----------------------
Col. Col.
Col. 1 2 3
------------------------------------------------------------------------
Total of all nuclides with less than 5 year half- 700 (\1\) (\1\)
life............................................
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 be 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.
(6) Classification of wastes with radionuclides other than those
listed in Tables 1 and 2. If radioactive waste does not contain any
nuclides listed in either Table 1 or 2, 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/m\3\ and Cs-137 in a concentration of 22 Ci/m\3\. Since the
concentrations both exceed the values in Column 1, Table 2, they
[[Page 220]]
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]
Sec. 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.
(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[deg]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 Sec. 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.
[[Page 221]]
Sec. 61.57 Labeling.
Each package of waste must be clearly labeled to identify whether it
is Class A waste, Class B waste, or Class C waste, in accordance with
Sec. 61.55.
Sec. 61.58 Alternative 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 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.
Sec. 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 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
Sec. 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.
Sec. 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
[[Page 222]]
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) 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, self-insurance, 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.
Sec. 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
Sec. 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.
Sec. 61.71 State and Tribal government consultation.
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
[[Page 223]]
to consult and cooperate with the State or tribal governing body in
developing proposals for participation in the license review.
Sec. 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 Sec. 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 Sec. 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.
Sec. 61.73 Commission approval of proposals.
(a) Upon receipt of a proposal submitted in accordance with Sec.
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
Sec. 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
[[Page 224]]
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.
(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 Sec. Sec. 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 of the Division of Waste Management in the NRC's Office
of Nuclear Material Safety and Safeguards, by an appropriate method
listed in Sec. 60.4, with a copy to the appropriate NRC Regional Office
shown in appendix D to 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 of the quantity of
each of the
[[Page 225]]
principal radionuclides released to unrestricted areas in liquid and in
airborne effluents during the preceding year, (ii) the results of the
environmental monitoring program, (iii) a summary of licensee disposal
unit survey and maintenance activities, (iv) a summary, by waste class,
of activities and quantities of radionuclides disposed of, (v) any
instances in which observed site characteristics were significantly
different from those described in the application for a license; and
(vi) any other information the Commission may require. 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 Sec. 70.52 of this chapter.
(k) Any transfer of byproduct, source, and special nuclear materials
by the licensee is subject to the requirements in Sec. Sec. 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.
[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]
Sec. 61.81 Tests at land disposal facilities.
(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.
Sec. 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.
Sec. 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;
[[Page 226]]
(iii) Any rule, regulation, or order issued pursuant to the sections
specified in paragraph (b)(1)(i) of this section;
(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]
Sec. 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:
Sec. Sec. 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]