5692 Federal Register / Vol 52 No. 3 / Friday, February 27, 1987 / Proposed Rules

Maintaining this requirement wfas anoversight ce the revised tandardIndirectly controls the use of all addedsubstancesa Thus, specific restrldtlonson the use of these added substances lsunnecessary. and the Agency propsesto rescind I 319.105(d) of the regulations

A second change would amend31n14o(b) of the regulatIons (9 CFR

3 sliO4(b)). Under the presentregulations, cured pork products forwhch a qualifying statement Is required(e.g. "water added" or "with naturaljuices") must bear that statement Inlettering at least % Inch In het. TheAdministrator, however. may approvesmaller lettering for labels of packagesof 1 pound or less, provided the letteringis at least one-third the size and of thesame color and style as the productname.

The meat processing industry hasadvised FSIS that processors areexperiencing problems In printing labelsto comply with the %-inch type sizerequirement for qualilying statements.This requirement appears Impractical Inome cases, because of the length of

some of the qualifying statementsrequired under I 319.104(a) of theregulations (9 CFR 319.104(a)).Addionally. snome product-packagescannot easily accommodate labelingstatements of the size now required.Thus, It appears appropriate to providean alternative to the %-inch letteringrequired for qualifying statements. It Isproposed that qualifying statements msybe in lettering not less than one-third thesize of the largest letter in the productname If they are in the same color andstyle of print and on the same colorbackground as the product name Thisoption would assure that the qualifyingstatements are sufficiently prominentand conspicuous to clearly indicate thenature of products. The approach beingproposed bs consistent with thie sdze ofmany qualifying statements foundpresently on labels and reflects generalAgency policy as set forth in PolicyMemo 087A for words within a productname.

Another problem encountered byindustry is the requirement that curedpork products be labeled the full lengthof the product. Cured pork producs not

lacedin consumer-size packages nmustbe marked repeatedly with anyqualifying statement on the full length olthe product This requirement wasimposed to assure continued

a Ihis poicy memo k syuleble for publicapctglc IQ thB eftice of dte PSIS HeaIg Cerk.

Copies of themia nmo ay be obtained free upoarequest from li Standards end Labeling Vivislon~Meeat end Peultry Inspection Technialw Services.Food Safet snd Inspectin Service. uaSDepartmlent ef Wagrcutre. Wsldalgtan. DC zo2sOa

identification of product at the retaillevel when the product Is subdivided.However, the usefulness of thisrequirement Is questionable. Often.these products do not remain In theiroriginal fully labeled packages whenoffered for sale. Some products aresliced and repackaged while others areplaced In delicatessen cases with nopackaging. Additionally, other similardelicatessen products (e°g cured beefproducts with additional molstuie) arenot subject to the requirement ofrepeating the quialifying statement thefull length of the product By deleting thefull length requirement. cured porkproducts would remain accuratelylabeled and their marking would becomparable to that of other products.The third proposed change would deletethe requirement that qualifyingstatements be marked the full length ofthe product in I S19.104(b) of theregulations (9 CFR 319.104(b)).

Proposed Rule

Ust of Subjects In 0 CFR Part 319

Meat and meat food products,Standards of Identity, Food labeling.

1. The authority citation for Part 319continues to read as follows:

Authorlty 34 Stat. 2280 StatL 84 asamended (21 U.S.C. G1 et seq.); 72 St esz,92 StWA. 1089s amended (7 U.&C. 1901 tseq.t. 7C Stat. M p(7 U.C. 450 et seq.) unlessotherwise noted.

2 Section 319.104 (9 CFR 319.104)would be amended by revisingparagraph (b) to read as follows:

5 319.104 Cured pork products.

(b) Cured pork products for whichthere Is a qualifying statement requiredin paragraph (a) of this section shallbear that statement as part of theproduct name in lettering not less than% Inch in height, or in lettering not lessthan one-third the size of the largestletter In the product name It It ls in thesame color and style of print and on thesame color background as the productname. However, the Administrator mayapprove smaller lettering for labeling ofpackages of I pounnd or less, providedsuch lettering is at least one-third thesize and of the same color and style asthe product name.0 . 0 . .0

5319t105 [Amended]3. SectIon S19o105 (9 CFR 319.105)

would be amended by removingparagraph (d) and redesignatingparagraph (a) as (d).

Done at Washington DC. on February 241987.Donald L Houston,Admwnistmuonr FoodSafely andInspectionService.IFR Doc. s74185 Filed 245-7; 8:45 am)550 CODE 0 U4116U.U

NUCLEAR REGULATORYCOMMISSION

10 CFR Part60

Definition of "High-Level RadloactiveWaste"

AGENcr: Nuclear RegulatoryCommission.ACTiotC Advance notice of proposedrulemaking.

ARY. The Commission hasiusly adopted regulations forssal of hligh-level radioactive wastes

N)i eoroglc repositories (10 CFR10). s~ Comnmission Intends toify the definition of HLW in thosetatlona sO as tO follow more closelyatutory definition In the Nucleare Policy Act of 1982 (NWPA). Indvance notice of proposednkling (notice)k the Commissionifies legal and technicaliderations that are pertinent to theition of HLW and solicits publiclent on alternative approaches for'aping a revised definition.S: Comment period expires April187. Comments received after thiswill be considered if it Is practicalso, but assurance of considerationie given only for commentsved on or before this data.RSES: Send comments oristions to the Secretary of thenission, US. Nuclear Regulatorynisslon Washington. DC 2055.niton Docketing and Senrtceh. Copies of comments receivedif documents referenced In thise may be examined at the NRCc Document ROom, 177 H StreetWashington. DC Copies of

EG documents may b a dgh the US. Governne te by calling (=02) 275 -ras to the U.S Gove ene. P.O. Box 3s082 Wa h nf9-7082. Copies of NU Gad OE i _ments may also be pw .hased om -rational Technical Inf aIn - . -

ce, US. Department o Commer iPort Royal Road. Sprlgflelf VA

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HeinOnline -- 52 Fed. Reg. 5992 1987

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Federal Register / Vol 52, No. 39 I Friday, February 27, 1987 / Proposed Rules 6993_

Research, U.S. Nuclear RegulatoryCommission, Washington, DC 20555.telephone (301) 43-768SUPPLEMENTARY INFORMATIONt

L Introduction and BackgroundRadioactive wastes contain a wide

variety of radionuclides, each with Itsown half-life and other radiologicalcharacteristics. These radionuclides arepresent in concentrations varying fromextremely high to barely detectable. Onetype of waste, generated byreprocessIng spent nulear fuel, containsboth long-lived rsdionuclides whichpose a long-term hazard to human

hand other, aborter-lived nuclideswhich produce intense levels ofradiation. This combination of highly-concentrated, short-lived nuclidestogether with other very long-livednuclides has historically been describedby the term "high-level radioactivewastes" JHLW). There hai long been arecognition that such waste materialsrequire long-term Isolation from man'sbological environment and that; in viewof public health and ssfetyconsiderations, disposa of such wastesshould be accomplished by the Federalgovernment on Federally owned land.This policy was codified by the AtomicEnergy Commission (AEC) In 1970 InAppendix F to 10 CFR Part sO

A. Previous use of the ter "HLW. " InAppendix F. HLW was defined in termsof the source of the material rather thanIts hazardous characteristics.Specifically, HLW was defined as"those aqueous wastes resulting fromthe operation of the first cycle solventextraction system, or equivalent, and theconcentrated wastes from subsequentextraction cycles, or equivalent, in afacility for reprocessing irradiatedreactor fuels." As used In Appendix F,"high-level waste" thus refers to thehighly concentrated (and hazardous)waste containing virtually all the fissionproduct and transuranic elements(except plutonium) present In irradiatedreactor fueL The term does not Includeincidental wastes resulting fromreprocessing plant operations such asIon exchange beds, sludges. andcontaminated laboratory Items, clothing,tools, and equipment Neither areradioactive hulls and other Irradiatedand contaminated fuel structuralhardware within the Appendix Fdefinition.'

Se 34 FR 8712. hime S. 100 (nofte of Proposedrulemakdng3, 23 FR 17530 at 1753S November 14,1970 (final role). Incidental wastes generated Inhthler treatment of HLW lea. decontaminated saolwith residual activilies an the order of VW0 D01tC.-iJ7.30 WafS Srai8 2 nalig Pu. as described InOem Department of Eners FEIS an long-tlnmanagement of defense HLW at th Savannah River

The first statutory use of the term'high-level radioactive waste" occurs inthe Marine Protection. Research, andSanctuaries Act of 1972 (MarineSanctuaries Act). Congress adopted theAppendix F definition, but broadened Itto include unreprocessed spent fuel aswell.' Two years later, the AEG wasabolished and Its functions were dividedbetween the Energy Research andDevelopment Administration fERDA.now the Department of Energy, DOE)and the Nuclear Regulatory Commsission(NRC or Commisslon) by the EnergyReor~ganization Act of 1974, Pub. L 93..438, 42 U8.C. 5811. Under thislegislation, certain activities of iERDAwere to be subject to the Commission'sUicensing and regulatory authority.Specifically. NRC was to exerciseicensing authority as to certain nuclear

reactors amd thie following wastefacilities:

p) Facilities used primarily for the receiptad storage of highlevel radioactive wastesresulting from activities licensed tunder thelAtomic Enrgl Act.

(2) Retrievable Surface Storage Facilitiesend other bacdliies authorized or the expresspupose ol subsequent long-term StOrage ofhih-level radioactive waste generated by the

mninistrataIn sow DoEJ, which are notcee for, or are part owh research anddevelopment activities.5

sAthonuh neither the statute nor thelegislative history defines the tern"high-level radioacmtve waste." earnierusage Of the term in Appendix o and theParine Sanctuaries Act Is indicative Ofthe mening. The Commisson soconstrued the statute when It declaedspent nuclear fuel to be a form of HLWand, by the same token, when it foundtransuranicwontaminated wastes not tobe HLWb

A different statutory formula appears1n the West Valrey D de monstr a tieonProJect Act (West Vliley Act), enactedIn 1980 ThIs legislation authories theDeparent of Eneurg (DOE) to carryout a high-level rsdiosctive wastemanagement demonstratlon proatect forthe purpose ofedemonutratingsolidification techniques which can be

PlantOvSa 17. I979) Repould also ndr thesame reasontng be eutside the appendix Fdefiition

ASect a. Pb. L t3-13. as amended by Pub. LpediS54(G1743,33 US.C. 1402

' S~ec. 302 Pub. L t3 4z84 U...554C Nuclearwaste management reponsibilities weresubsequently tansrferd to the Department ofEirgy Sacs 203(sX$5)0tle). Pub.Ltt-0,4zU.SC. 7U ~leX8J. 7232(e)

' Propoed General Statement el Policy,'lIcnsig Proceures for Geologic Repostories forHigh-Level R~adloactive Wastes" 43 FR 53889.53870 Novemaber17. ts7& Report to Conges"8Regulation of Federal Radioactive WasteActlvftles. NUREG-57 (10793. 5-1, 5-5. AppendixC.

used for preparing HLW for disposal. ItIncludes the following definition:

The term "high level radioactive waste"means the high level radioactive waste whichwas produced by the reprocessing at theCenter of spent nuclear fueL Such termIncludes both liquid wastes which areproduced directly in reprocessing, dry solidmaterial derived fom such liquid waste andsuch other material as the Comnissiondesignates as high level radioactive waste forpurposes of protecting the public health andsafety.4!

The Commission has not yetdesignated any "other material" asHLW under the West Valley ActRather, it has construed the term In amanner equivalent to the 10 CFR 50,

'Appendix F definition. That Is, It Is theliquid wastes In storage at West Valleyand the dry solid material derived fromsolidification activities that are regardedas HLW. and It Is DOE's plans withrespect-to such wastes that are subjectto the Commission's review,

B. Current NRC regulations. TheCommission has adopted regulationsthat govern the licensing of DOEactivities at geologic repositories for thedisposal of 1HLW. The regulations defineHLW In the jurisdictional sense. That Is.If the facility Is for the "storage" ofHLW" as contemplated by the Energy

Reorganizaion Act, the prescribedprocedures and criteria would apply.,The appropriate definiton for thIspurpose draws upon the understandingIn 1974, as reflected in Appendix F andthe Marine Sanctuaes Act, rather thanthe words of the West Valley Act ofmore limited purpose and scope.

It should be emphasized that NRC'sexisting regulations In Part 60 do notrequire that any radioactive materials.whether HLW or not, be stored ordisposed of In a geologic repository.t

'Sec. 6(4. Pub. L 6-8842 USC. smla note.- NRC regulations ae codifid i 10 CFR Part 60

(Pent 60).DOE is required lo haves license toreceive source, special nuclear or byproductman"erl tf a seoloic repository operations ares.£60.3. A geologic repository operations area bsdefined to refer to a .HW facility" which in turn Isdefned ass facility subjec to NRC licensingauthority wider the Energy Reorganiwsaon Act of1974, note & ApWn I60 The Part t0 definItion ofHLW. Irh as ollowcs

"Highbevel radioactive waste' or'HLW" means(1) Irradiated reactor Fuel. (2) liquId wastes resultingrotm the operation of the first qycla solvent

extraction system, or aqulvalent. and theconcentrated wastes from subsequent extractioncycles r equlvalent. In dcility for reprocessingIrradiated reactor fuel end () solids Into whichsuch Uquid wastes have been ceonverted.

In the event that commercial reprocessing ofIrradiated reactor fuel is pursued. Appendix F of 10CFR Part S0 would require that the resultingreprocessing wastes be transferred to a Fcderlrepository.

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W4% Federal Register / Vol. 52, No. 39 / Friday, February 27,1987 / Proposed Rules

-Nor do they provide that radioactivematerials must be HLW In order to beeligible for disposal in a geologicrepository. Part 60 expressly providesfor NRC review and licensing withrespect to any radioactive materals thatmayr be emplaced in e geologicrepository authorized for disposal ofHLW. The term "high-level radioactivewaste" In Part 60 identlfies the class offacilities ubject to NRC Jurisdiction.

The Commission has also adoptedregulations related to land disposal oflow-level radioactve wastes (10 CFRPart ear. Based on analyses of potenti a!human health hazards, these regulationsIdentify three classes of low-levelradioactive wastes which are routinelacceptable for near-surface disposal.with MCass C" denoting the highestradionuclide concentrations of the three.Class C does not, however, denote amaximum concentration limit for low-level wastes. The low-level wastecategory includes all wastes nototherwise classified, while HLW iscurrently defined by source (rather thanconcentration or hazard) and Is limitedto reprocessing wastes and spent fuelThus, there Is no regulatory limit on theconcentrations of LLW. and some LLW(exceeding Class C concentrations) mayhave concentrations approaching thoseof HiLW. These are the wastes which theCogumission wishes to evaluate forpossible classification as HLW. TheAppendix to this notice presentsinformation on the volumes andcharacteristics of wastes withradionuclide concentrations exceedingthe Class C concentration limits. (ThisAppendIx. *as prepared In 1985. DOE Iscurrently carrying out a study of "aboveClass Cl wastes which will update the'Information presented here.)

C. Nuclear Waste PolWcy Act of 1982.The Nuclear Waste Policy Act of 1982(NWP) Pub. L 97-; provides for thedevelopment of repositories for thedisposal ohgh~-level radioactive wasteand establishes aS program of research,development, cad demonstrationregarding the disposal of high-levelradioactive waste. Te NWPA follows.with some modification. the text of theWest Valley Act. For purposes of theNbWPA, the term "high-level radioactivewaste" means:

(A) The highly radioactive materialresulting from the reprocessing of spent

produced directly In reprocessing andany solid material derived from suchliquid waste that contains fission

' For purposes ot the NWPA. "spent aulear fherb btlnwzlshsdfbrnm Itih-level radioactilve wase.b"

tthe provlona of the statute dealing with suchspenit iuwcear hel are not of present concern'

products In sufficient concentrations;and

(B) Other highly radioactive materialthat the Commission, consistent withexisting law, determines by rule requirespermanent Isolation.'

It should be noted that the NWPAdoes not require that materials regardedas HLW pursuant to this definition bedisposed of In a geologic repository..Indeed, the NWPA directs the Secretary(of DOE) to continue and accelerate aprogram of research, development andinvestigation of alternative means andtechnologies for the permanent disposalof HLW.'e Part 0 and the chanigesdiscussed In this notice would allow forconsideration of such alternatives by theCommission. Nevertheless, the NWPAdoes not specifically authorize DOE toconstruct or operate facilities fordisposal by alternative means, and newlegislative authorization might beneeded In order to dispose of HLW bymeans other than emplacement in adeep geologic repository.

D. Considerations for Definingf "1Mgb-Level Radioactive Waste"

Wastes which have historically beenreferred to as HLW (i.e. reprpcessingwastes) are Initially both Intenselyradioactive and long-lived. Thesewastes contain a wide variety ofradionuclides. Some (principally Sr4-Oand Cs-137) are relatively short-lvedand represent a large fraction of theradioactivity for the first few centuriesafter the wastes are produced. Thesenuclides produce significant amounts ofheat and radiation, both of which are ofconcern when disposing of such wastes.Other nuclides. including C-14. Tc99. 1-129 and transuranic nuclides, have verylong half-lives adn thus constitute thelonger-term hazard of the wastes. Someof these nuclides pose a hazard forsufficiently long periods of time that theterm permanent isolation" Is used todescrie the type of disposal required toisolate them from man's environment.The Commission considers that thesetwo characteristics. Intenseradioactivity for a few centuriesfollowed by a long-term hazardrequiring permanent isolation, are keyfeatures which can be used todistinguish high-level wastes from otherWaste categories.

The NWPA Identifies two sourcef ofHLW, each of which is discussedseparately in the following sections.

'setgc.12)Taub.L57 W4.42US.C:10M(t121SBe E(16) also authorizes the Coesission todcassify certie radioactive material as low4evelrfdloacdve waste.

It Se. 222= PMb. L 07- 424 U.SC 10202

A. Clause (A)

Clause (A) of the NWPA definition ofHLW refers to wastes produced byreprocessing spent nuclear fuel and thusis essentially Identical to theComnission's current HLW definition in10 CPR Part 6e Clause (A) Is, however.different In one respect. The NWPAwording would clasify solidifiedreprocessing waste as HLW only If suchwaste "contains fission products Insufficient concentrations"-. phrasethat may reflect the possibility thatliquid ireprocessing wastes may bepartitioned or otherwise treated so thatsome of the solidified products willcontain substantially reducedconcentrations of radionuclides.

The question, then, is whetherCommission should (1) numericallyspecify the concentrations of fissionproducts which it would consider"sufficient" to distinguish HLW fromnon-HLW under Clause (A)h or (2) defineHLW so as to equate the Clause (A)wastes with those wich havetraditionally been regarded as HLW.1. Numerically SpecifyingConcentrations of Fission Products

The first option considered is tonumerically define "sufficientconcentrations" of fission products.Liquid reprocessing wlastes mnay containsignificant amounts of non-radioactivesalts, and removal of these salts prior towaste solidification ma; be desirablefor both economic and public health andsafety reasons. Removal of salts in thisway would result In s smaller volume ofhighly radioactive wastes, which mightreduce the cost and radiological Impactsassociated with transportation andoccupational handling of those wastes.Nevertheless, any salts removed fromliquid HLW would retain residualamounts of radioactive contaminants.By establishing numerical limits on theconcentrations of fission products, theCommission would be Identifying thosewastes from reprocessing that requiredisposal in s deep geologic repository orits equivalent. The proper classificationof the salts discussed above would thenbe made on the basis of the numericallimits on radionuclide concentrationsand the salts would be disposed ofaccordingly. In other cases, certainradionuclides may be removed trom thebulk liquid reprocessing waste (as hasbeen done In removing cesium andstrontium from wastes at Hanford).raising similar questions about theclassification of the remaining wasteand acceptable methods of disposal. Forthese reasons, there would be merit Innumerically specifying the

HtinOnline -- 52 Fed. Reg. 5994 1987

Federal Register / Vol. 52 No. 39 / Friday. February 27, 1987 / Proposed Rules 9f599

concentrations of radionuclides insoldified reprocessing Wastes whichwould distinguish HLW from non-HLW.

(Clause I(A refers to solidified wastethat contains fission products In

sufficient concentrations." No mentionIs made of the long-lived transuranicradionuclides which are also present inliquid reprocessing wastes but, since thetransuranics constitute the predominantlong-term hazard of reprocessingwastes, such nuclides must beconsidered as well In definingreprocessing wastes that should beregarded as HLW. With this view. anumerical classification of solidifiedwastes under Clause (A) could bederived In the same manner, andcontain the same concentration limits,as the numerical definitions developedunder Clause (B) Derivation ofconcentration limits under Clause (B) isdiscussed in the following section of thisnotice.)2. Traditional Definition

The alternate approach Is to defineHLW so as to equate the category ofClause (A) wastes with those wasteswhich have traditionally been regardedas HLW under Appendix F to 10 CFRPart 50 and the Energy ReorganizationAct. The advantage of this option is thatthe term HLW retains its utility indefining the facilities that are subject toNRC licensing. That is. all materials thathave traditionally beendconsidered HLWfor purposes of the EnergyReorganization Act would also beregarded as HLW under the NuclearWaste Policy Act. The disadvantage Isthat some materials .might continue tofall within the HLW classification eventhough they do not require the degree ofIsolation al~ored by a repository. Theywould be called "HLW" even though tbetechnical community mgt not so regardthem.

3. Other Considerations RegardingClause (A) Options

The Commnission would add twoobservations regarding the optionsdiscussed above.

a. Development of a definition underCasuse (A). as suggested by the firstoption, would not alter theCommission's xisting authority to-license DOE waste facilities, includingdefense wastes facilities, under theEnergy Reorganization Act of 1974(ERA). Any classification of wastes asnon-HLW on the basis that they do notcontain "sufficient concentrations" offission products would be Irrelevant Indetermuining whether such wastes mustbe disposed of In licensed disposalfacilities. For example, If DOE were topursue its proposal for In-place

stabilization of the Hanford "tank"wastes (see DOE/EIS-0113, March,1988), most or all of the disposal"facilities" for those wastes would needto be licensed by the NRC.

b. Retaining the traditionatdefinitionfor purposes of Clause (A) does not limitthe Commnission's ability to establish atsome later date criteris to define wastesthat require the isolation aforded byadeep geologic repository or Itsequivalent That Is wastes requiringsuch isolaton could be ldentified byterms other than "high-level".D. Clouse (B)

Clause (B)] of the NWPA authorizesthe Commission to classify "other highlyradioactive material" (other thanreprocessing wastes) as HLW If thatmaterial "requires permanent isolation."The Commission considers that bothcharacteristics (highly radioactve andrequiring permanent Isolation) must bepresent simultaneously In order toclassify a material as HLW ." Each ofthese characteristics Is discussed In turnIn the following sections.

1. Highly RadioactiveThe Commission proposes 'ito

consider a material "highly radioactive"If It contains concentrations of short-lived radionuclides In excess of theClass C limits of Table 2 of 10 CFR Parta1. Such concentrations are sufficlent toproduce significant radiation levels andto generate substantial amounts of heatMoreover, the Class C concentrationlimits for short-lived nuclidesapproximate the actual concentrationsof those nuclides present In someexisting reprocessing wastes (seeNUREG-0946. Table 4).2 Permanent Isolation .o

The phrase "permanent Isolation" InNWPA Is nuch less subjective than Is"hihly radloactlve" Within the contextof NWPA, "permanent isolation clearlyimplies the degree of Isolation affordedby * deep geologic repository.1 ' Thus, a

" The Commission would not find tenable thearsument that material requires permanentisolation beHuse ithighly radioactive. Th needbor permanent Isolation correlates with the klth oftime a material will remain hazardous. Long halffIves. in tun correlate with tow rater than hihlvel of radioactivlty.

'3 AD wffnces tob opossla' by tbcVwnmAssion Wer only to Its tentative views. Noformal proposals will be developed until commentsae rceived In response to this notice.

es he NWPA Includes the followins deftnitiomsThec terdsp osl swans the emplacemet kine

repositoryo erghjvd radiatv ase, pentnudesr f..l or other higlydloa&cilv materialwith nofre seueable int entno rcvr.wether eraot such emplacement permits the recovery of~uchwste

waste "requires permanent Isotlaton" IfIt cannot be safely disposed of In afacility less secure than a repository.The Commission will determine whichwastes require permanent Isolation byevaluating the disposal capabilities ofalternative, less secure, disposalfaciliJties 4 Any wastes which cannotbe safely disposed of In such facilitieswill be deemed to require permanentIsolation and, If also highly radioactive,would be classified as high-level wastes.

The approach which the Commissionproposes to pursue to determine whichwastes requires permanent isolation willbe an extension of the 10 CFR Part alwaste classification analyses and willconsist of the following steps.

a. Establish acceptance criteria. 10CFR Part S currently containsperformance objectives for disposal ofraidioactive wastes in a land disposalfacilitg These performance objectiveswill serve as acceptance criteria forwaste classification analyses, but mightneed to be supplemented for pecifictypes of facilities or wastes. The Part elperformance objectives may also need.to be supplemented to accommodateany environmental standards for non-H1W which may be promulgated by theU.S& Environmental Protection Agencypursuant to its authority under theAtomic Energy Act of 1954, as aimended.

b. Define disposalfacility. The hazardwhich a radioactive waste poses topublic health depends, In part, on thenature of the facility used for Itsdisposal. Thus, a reference disposalfacility, less secure than a repository.needs to be defined in terms of thecharacteristics which contribute toIsolation of wastes from theenvironment. For land disposalfacilities uch characteristics mightInclude de th of disposal. use ofengneered bwriers. end the geologic.hydrologic and geochemical leatures ofa disposal site.

c. Characterke wastes. Wastes willbe characterized In terms of the factorswhich determine their hazard andbehavior after disposal, Including

hem la na w a m" m N system licensedby the Commission that b intended to be wsed for.or say be ued for. the permanent deep geologicdisposal f hih-level radioactive waste and spentnuclear fuel whether or ot such system Is designedbo permit the recvera, fore limited period durinintald operatlon, ef any materals placed in sucsstem. Such bnterncludes both suac endsubsurface area at which hIghlevel radioactivewaste end spent nudclar fuel handlig *ctivltic areconducted.

These facIl8tes might mae us ef Intennedbatadepth buril er varous engierima sues s ucbas intruder berriers. to accommodate wate withredlonucilde concentrations unsutabl for disposalby shllo lend burild

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. 5996 Federal Register /. Vol. 52 No. .39 / Friday, February 27,2.1987 / Proposed Rules . j ; .

physical and chemical forms of thewaste. the radionuclide concentrationsand associated radiologicalcharacteristics. the waste volumes, andthe heat generation rates. The wide -range of types and characteristici ofwastes arising from industrialbiomedical and nuclear fuel cyclesources makes this a particularly criticalstep in the waste classificationprocess-especially for wastes to begenerated In the future (e g..decommissioning wastes).

d. Develop assessment methodology.Analytical methods (includingmathematical models and computercodes) for projecting disposal systemperformance will be acquired ordeveloped. For land disposal facilities.such methods include models ofgroundwater flow and contaminanttransport An assessment methodologyalso Includes descriptions of the naturaland human-initlated disruptive events orprocesses which could signifcantlyaffect disposal system performance aswell as the analytical mleans forevaluating the Impacts of such events orprocesses.

a. Evaluate disposal systemperformance. The performance of the-alternative disposal facility will beevaluated to estimate the public healthhazards from disposal of various types..and concentrations of wastes. Hazardsbelow the acceptance criteria of Item (a)above Indicate an acceptable match ofwaste type and disposal option. Wasteswhich cannot be safely disposed of inthe alternative facility will be classifiedas requiring permanent Isolation.

A practical difficulty with classifyingwastes as described here Is thatalternative disposal facilities arecurrently unavailable. Thus.classification of wastes in this mannerequr many assumptions about the.

performance of nonexistent disposalfaclties. Such analyses will inevitablyInvolve substantial uncertainties,

It Is also possible that no alternativedisposal facility will ever be Deeded forcommerclafly-generatedsabove ClassC" wastes. (Disposal of such wastes Is aFederal. rather tHan State.responsibility.) Because of the overheadcosts of developing and licensing newfacilities, the relatively small volumes ofsuch wastes, and the low beatgeneration rates of some of thesewastes, It might prove most economicalto dispose of all such wastes inagrepository. Nevertheless, theCommission recognizes a "chicken-and-egg problem here. Until wastes areclassified as HLW or non-l-LW, it maybe difficult for the DOE to makedecisions regarding appropriate types ofdisposal facilities. Therefore, despite tig

uncertainties Involved, the Commissionproposes to select a hypotheticalalternative disposal facility which willserve as the basis for carrying out wasteclassification analyses.

Previous analyses by the NRC.(NUREG-078Z draft EIS for 10 CFR Part61) suggest that disposal facilities withcharacteristics Intermediate betweenshallow land burial and geologicrepository disposal may be mosteffective In protecting against short-termradiological Impacts associated withnadvertent intrusion into a disposal

facility. These "Intermediate" facilitiesmay be much less effective in providingenhanced long-term isolation of verylong-lived radionuclides. If thispreliminary view Is supported bysubsequent analyses, wastes withconcentrations above the Commission'scurrent Class Climits for long-livednuclides (Table I of 10 C:FR Part 61)would require permanent isolation. Inthe following sections. the Commissionwill assume, for the sake ofillustration.

that Table I Is an appropriateinterpretation of the term "requirespermanent solation."

3. Conceptual Definition of "High-LevelWaste

The Commission proposes to Classifywastes as HLW under Clause (B) of theNWPA definition only If they are bothhighly radioactive and In need ofpermanent isolation. As discussedabove, the Commission considers thatwastes should be considered to behighly radioactive if they containconcentrations of short-livedradionuclides which exceed the Class Climits of Table 2 of 10 CFR Part 61. TheCommission also assumes, forIllustrative purposes, that theradionuclide concentrations of Table 1of Part 61 are appropriate for Identifyingthe concentrations of long-livedradionuclides requiring permanentisolation Solidified reprocessing wasteswould sfizllarly be classified as HLWonly if they contain both short- andlong-lived radionuclides inconcentrations exceeding Tables 2 and1. respectively.

It is assumed that a revised definitionof HLW would appear in the definitionssection of Part 60, and that the materialsencompassed by the definition would besubject to the containmenet requirementsof that reulation. It would also serveincidentally to jiefine the mnaterialscovered by DOEs waste disposalcontracts. Thxis definition would applyonly to wastes disposed of Ins facilitylicensed under Part 60 As discussedelsewhere In this notice, there would beno alteration of the Commission'sauthority lo license disposal ofHLW

under provisions of the EnergyReorganizatlon Act. Some technicalamendments would be needed topreserve the jurisdictional provisions ofexisting Part 0-4.i., to indicate thatPart 60 applies tothe DOE facilitiesdescribed in sections =0[(3) and (4) ofthe Energy Reorganization Act and forthat purpose the proposed definition ofHLW would not be controlling.

A conceptual, revised definition ofHLW could be stated as follows:

"High-level radioactive waste" or "HLWimeans (1) Irradiated reactor fuel. (2) liquidwastes resulting from the operation of thefirst cycle solvent extraction system, orequivalent, and the concentrated wastes fromsubsequent extraction cycles. or equivalent.In a facility for reprocessing Irradiatedreactor fuel, (3) solids into which such liquidwastes hive been converted, and solidradioactive wastes from other sources.provided such solid materials contain bothlong-lived radionuclides in concentrationsexceeding the values of Table I and short-lived radionucides with concentrationsexceeding the values of Table L

TABLE I

Concentra-Radlionucinde fon (U/

__________._ rC-14 In act. Oveta.w so......__._ .8Ni-S in act. mital 220Nb-94 In act metal. _ __.._.__ -. .. 0.2Tcz ._.__._._.___._ .1-129 0.08Alpha emlttrngTRU,-V.> 5yr.._.. '100Pu-241._................. ..... '3,500Cm-242 ..... '20,000

ff a mixture of radionuclides I present, asum of Fte ractiorts Me Is to be applied foreach table. The concentraton of each nucrdeIs to be dvided by its imit, and the resultingfractions are o be summed. If the sum ex-ceeds one for bol tab les, the waste is classi-fied as HLW.

'UrIts are nanocurles per gram.

TABLE 2

Concentra-Radbonuclide - ionI pOil

ma

Ni-63 in act met .l. . 7,000Sr-90 7...0.....7000Cs-I 37_.._ . _ *. . 4,600

'i a mnxUe of radionuclides ls Present, asum of the fractions nue is to be applied foreach table. The concentration of each nuclideis to be divided by Its m and the resultingfractions are to be summed. If the sum ex-ceeds one for both tables, the waste Is classi-fied as HLW

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4. Status of wastes not classified asHLW

The.NWPA. the Low-LevelRadioactive Waste Policy Act, and theCommissIon's regulations In 10 CFR Partel currently classify wastes as 'low-level" If they are not otherwiseclassified as high-level wastes or certainother types of materials (eg. uraniummill tailings). Classification of certainwastes as LW, under Clause (B) of theNWPA definition, would reduce the*amount of waste classified (by default)as LLW and, more Importantly, wouldestablish a distinct. concentratdon-basedboundary between the two classes ofwaste.

If this conceptual definition of Clause(B) were adopted certain wastes withradionuclide concentrations above theClass C limits ef to CFR Part 61 wouldnot be classified as HLW because theydo not contain the requisite combinationof short- and long-lived nuclides. Thesewastes would continue to be classifiedas special types of low-level wastesanalogous to DOE's "transuranic" wastecategory. Any such wastes generated bydefense prograins would continue to fallunder DOE's responsibility for disposal.and no NRC licensing of facilitiesintended solely for their disposal. suchas the Waste Isolation Pilot Plant(WIPP) would be authorized.

As provided by the amendments tothe Low-Level Radioactive Waste PolicyAct,' the Federal government Isresponsible for disposal of allcommercially-generated "above ClassC wastes; it Is contemplated, under theamendments, that the NRC would beresponsible for licensing the facilities fortheir disposal. The Commission wouldcontinue to permit disposal of wastescontaining naturally-occurring oracceleratoa-produced materials Inlicensed facilities provided there was nounreasonabre risk to public health andsafety.111. Legal Considerations Related to theNuclear Waste Policy Act

The exercise of NWPA Clause (B)authority may give rise to a number oflegal questions which are discussedbelow.

A. Disposal of waste generated bymaterials licensees. The NWPAestablished aeNuclear Waste Fundcomposed of paymnents made by thegenerators and owners of "hgh-level-radioactive waste (ifncluding spent fuel)that will enasure that the costs ofdisposal will be borne by the persons

s Lw-arael tRadioactive Waste ?oIcicAmendments Ac of 18 PaU . W-. Sec. 3.42USiC. =Zc.

responsible for generating such waste.The Nuclear Waste Fund is to be fundedwith moneys obtained pursuant tocontracts entered into between theSecretary of Energy and persons whogenerate or hold title to high-levelradioactive waste.

The statute addresses the particularsof contracts with respect to spentnuclear fuel and solidified hlgh-levelradioactive waste derived from spentnuclear fuel used to generate electricityin a civilian nuclear power reactor. Itfurther limits the authority of theCommission to Issue or renew licensesfor utilization and production facilities-i.e., for present purposes, nuclearreactors and reprocessing plants-unless the persons using such facilitieshave entered Into contracts with theSecretary of Energy.

The absence of any reference tomaterials licensees (e+.g fuel fabricators.some research laboratories) suggeststhat the Nuclesr Waste Fund was notintended to apply to their activities. Asas result there could be a question If theCommission were to define materialslicensees' waste as high-level waste.because the waste might therebybecome ineligible for disposal in arepository. The reason is that the lawprohibits disposal of IllW In arepository unless such waste wascovered by a contract entered Into byJune SM 1983 (or the date the generatoror owner commences generation of ortakes title to the waste, if later). Fewcontracts have been entered Into withmaterials licensees except those whoare also facility licensees. Thus, It canbe argued that the Cormmission. shouldrefrain from designating as HLW. underClause (B) materials generated bymaterials licensees.

The Commission is not persuadedbysuch an argument. The statutorylanguage dealing with the Commission'sclassification of materials as HLWrefers solely to considerations relatingto the nature of the wastes, and thecharacter of the licensee generating orowning the waste Is simply not relevant.If there are good reasons to treat thatwaste from materials licensees as HLW.the Commission regards it as likely thatany statutory impediment to theacceptance of such waste at a'geologicrepository could be modified.

B. Confidence Mega:ding fisposalcapacity for power reactors. Theavailability of waste disposal facilitiesfor wastes generated at commercialpower reactors has been the subject of

" The Nuclear Wute rund Is governed by Sec.302 Pub. L 97-m 2Z U4 M22z The prohibitionof disposal of HLW not covered by dnely contractsi set out In Sa 2021fo2

controversy and litigation. The NWPAaddresses these concerns byestablishing a Federal responsibility toprovide for the construction andoperation of a geologic repository,leaving undefined (I.e., to the discretionof the Commission) the lasses ofmaterials that require permanent.isolation In such a facility. Whatevermaterials they may be. however, theymust be transferred to DOE for disposal;and the presons responsible forgenerating the waste must enter Intocontracts with DOE which provide forpayment of fees sufficient to offsetDOE's costs of disposal. Existing facilitylicensees were required to enter intosuch contracts by June 30.1983.

The Commission believes that thepurpose of the NWPA can best beaccomplished If all the highlyradioactive wastes generated by facilitylicensees (reactors and reprocessingplants) which require permanent. *.laolatlbn are covered by waste disposalcontracts with DOE. This would assurethat DOE can and vwill acceptpossession of such wastes whennecessary. Further, in the absence ofsuch assurance, the basis forComrission confidence that thesewastes will be safely stored anddisposed of would be subject to questioneven if concerns about the disposal ofthe licensees' spent nuclear fuel hadbeen laid to rest. Accordingly, If thereare any highly radioactive materials(other than those previously regarded asHLW) that are generated by facilitylicensees and that require permanentIsolation, the Commission believes that.for purposes of the NWPA. they shouldbe regarded as high-level waste: TheCommission has reviewed the terms ofDOE's standard waste disposal contractand believes that classifying suchadditional materials as HLW wouldrequire no changes to the contract terms.

C. Implications Wit respect todisposal methods. Under the AtomnicE~nergy Act of 1954. the Comnmission Isauthorized to establish such standardsto govern the possession of licensednuclear materials as It may deemnecessary or desirable to protecthealth.7 Under this authority, theCommission may classify materialsaccording to their hazards and mayprescribe requirements for the long-termmanagement or disposal thereof It isnot necessary to label materials as HLWunder the NWPA In order to requiretheir disposal in a geologic repository orother suitably permanent facility.

The Commission exercised thisauthority with respect to concentrated

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reprocessing wastes by specifying in.Appendix F to 10 CFR Part 60, that anysucha wastes generated at licensedfacilities are to be transferred to aFederal teposltory for disposal. Morerecently the Commisslon classifiedcertain low-level wastes as beinggenerally acceptable for near-surfacedisposal (20 CFR Part 61). On the basisof further consideration, the Commissioncould specify appropriate disposalmeemns for wastes exhibitingradlonlaclide concentrations greater thatthose defined in Part 6. lThus, the'Commission need not exercise NWPAClause (B) authority In order to assurethat radioactive wastes from licensedactivities are disposed of properly.Moreover, the Identification of materialas HLW under Clause (B) would not byItself mandate that such material mustbe disposed of In a geologic repository.Since the NWPA authorizes only asingle method of permanently IsolatingILW-geologic repositories-classification of materials as HLW mayeffectively preclude disposal of suchwastes by other means. Nevertheless.the Commnission's regulations willcontinue to leave open the prospect ofdisposal by other means if Congressshould so authorlze.

D. Relationship to State role. Section3 of the Low-level Radioactive WastePolicy Act LRWPA). Pub. L 9573,42U.SC. 2lb.. enacted In 1980. defines aState responsibility to provilde. pursuantto regional compacts forthe disposal of"low-level radioactive waste" (loW).'SUch waste is defined lo mean"radioactive waste not classified ashigh-level radioactive waste,tranauranic waste, spent nuclear fuel. orby-product material as defined insection 11.e.(2) of the Atomic Energy Actof 195.

The Low-Level Radioactive WastePolicy Amendments Act of 1985, Pub. L

1V-0 42 U.S.C. =Zc, limited the*range of LLW for which the States mustprovide disposal capacity. Specifically.the States are not responslble for wasteswith radionuclide concentrations Inexcess of the Class C limits of 10 CFRPart 6L Instead, the Federal governmentnow assumes responsibility forproviding disposal capacity for suchwastes. Thus, classification of "aboveClass C" wastes as HLW or non-HLWwill have no Impact an Stategovernment responsibilities.

E. Impact on exlstinw technicalcriteria. NRC's regulations In Part 60include technical criteria to be appliedIn licensing DOE's receipt anid

Of Slates an hot responsible for disposal of LLWfom atomicenergy defen e tctdtils orFederaIjesearch and development stivlties.

possession of source, special nuclear,and byproduct material at a geologicalrepository. The regulations wouldaccommodate the disposal of anyradioactive materials, Including spentfuel. reprocessing wastes, or any othermaterials which could be disposed of Inaccordance with the specifiedperformance objectives.

Materials categorized as high-levelwaste are subject to a containmentrequirement (l W0.11S1a)(1)(l)(A)) and tospecified waste package design criteriaand waste form criteria (I 60.135 (a-c)).These criteria apply to wastescharacterized by the presence of fissionproducts generating substantial amountsof heat at the time of emplacement. butwith much reduced heat generation afterdecades or a few centuries.1 The rulealso explicitly provides that designcriteria for waste types other than HLWwill be addressed on an Individual basisIf and when they are proposed fordisposal In a geologic repository(160.235(d)).

lf additional materials were to bedesignated as high-level waste, theCommission would need to considerwhether the existing repository designcriteria are appropriate with respect tosuch materials.

F. ApplicabilityofHL W definltIon tonoturlly-toccurring and occeleator-produced radioactive nmterials. Clause(B) of the NWPA provides that theCommission may extend the definitionof the term "high-level radioactivewaste" to Include material requiringpermanent Isolation only where this Is"consistent with existing law." Theapplicable existing law is the AtomicEnergy Act of 1954. under which theComtisslon has authority to regulatethe possession and use of "sourcematerial." 'special nuclear material."and "byproduct material." There areother radioactive materials, howevennaturally-occurg radionuclides, suchas radium, and accelerator-producedradionuclides. These are not covered bythe Atomic Energy Act and hence therewould be no statutory basis, consistentwith existing law, for the Commission torequire that they be disposed of atfacilities licensed by the Commission orotherwise to regulate their possession oruse. Accordingly, no legal basis existsfor the Commission to classify suchmaterials as HLW or non-HLW..

" The Commin'sslodpectatlon that HLWwould generate significant amounts of heat Isreflected In the discussion of trnmsuranic waste Inthe notice of proposed zuleakilng oB the Part So

technkcal etrlai 48 FR 5 .JulyR 1 a0 rReduction afth lbesta boad. fo example by semovaloesi~um-I? and stontum4o. could mult Indifferent contstnmmnt requlrmnents. 4 FR 25198.june 1. 1983 (Rinal rule). -

Nevertheless, as already ndted, 20CFR Part 60 contemplates that "otherradioactive materials other than HLW'may be received for emplacement In sgeologic repository. This provision ofPart 60 would not be altered byexpanding the definition of HLW. Part60 provides that waste packagerequirements for such wastes will bedetermined on a case-by-case basiswhen these wastes are proposed fordisposaL Thus, It might be determined.on the basis of technical considerations,that,certaln naturally-occurring oracceleratof-produced radioactive wastematerials present hazards similar tolicensed Materials that are defined ashigh-level waste and that such materialshould be disposed of in a geologicrepository developed under NWPA. Ifso, plans for such disposal can bereviewed under Part 60 and theCommission could Impose suchpackaging or other requirements asappropriate to protect public health andsafety.IV. Issues on Which Public Comments.are Particularly Sought.

The Commission Invites comments onall the issues Identified In this noticeand any other Issues that might beIdentified. However, comments (withsupportive rationale) In response to thefollowing would be particularly helpful.

1. Tw options sar presented fordefining reprocessing wastes underClause (A) of NWPA. The first optionproposes to define the "sufficiency" offission product concentrations Insolidified reprocessing wastes In amanner analogous to Its treatment of."highly radioactive" and "requirespermanent isolation" under Clause (B)(ige., by examining the hazards posed bywastes if disposed ofin facilities otherthan a repository). The second optionInterprets Clause (A) as encompassingall those wastes which have heretoforebeen considered high-level waste underAppendix F to 10 CFR Part SO and theEnergy Reorganization Act. Which ofthese two approaches Is preferable?

Z. The Commission proposes that thecurrent ClassC.concentratlon limits of10 CFR Part 61 serve to Identifyradionuclide concentrations which are"highly radioactive" for purposes ofClause (B) of the NWPA definition.Would an alternative set ofconcentration limits-be preferable? If so.how should such limits be derived?

S. The Commisilon proposes to equatethe "requires permanent Isolationawording of the NWPA definition with alevel of long-term, radiological hazard.requirIng disposal in a geologicrepository. Are the Comznmsslon's

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proposed analyses appropriate forIdentification of concentrationsrequiring permanent Isolation?

4. Although. undersectlon 21 ofNWPA. no environmental review Isrequired with respect to the definition ofHLW. the Commission would welcomeIdentification of any environmentalconsequences associated with thematters discussed in Wis notice.

5. Some wastetnaterlals, such ascertain laboratory wastes or someseated sources. may be highlconcentrated yet contain only relativelysmall total quantities of radioactivematerials. Is there a need for a specialprovision (eg.. a minimum total quantityof activity) before i waste should beclassified as HLW?

0 What difficulties(legal,administrative, financial or other)would an expanded definition of HLWcause In implementing the prmclalons ofthe NWPA?

7. The Commisslon's regulatlons donot generally requfre that any particuiemtype of waste be disposed of In anysPecified type of facility. Would such arequirement be appropriate?

. As discussedin tsnotce a theCommission has no legal authority toclassify naturally-occurring oraccelerator-produced radioactivematerials (NARM) as HLW or non-HLW. Nevertheless, such materials maybe presented for disposal at facilitieslicensed by the Commission. When theCommission carries out its proposedanalyses to Identify 'other highlyradioactive material that . . requirespermanent Isolation," should NARM beIncluded in the analyses?

9. Are there Issues other than thoseIdentified In this notice which theCommission should consider Indeveloping approaches to Implement Itsauthority?separate Views of CommissionerAsseltilne ;

Commissioner Asselstine Is concernedabout the potential for creating a,confusing situation If the Commissionwere to adopt the frst option underClause (A). Te first option Is tonumerically specify concentrations offission products in defming high-levelwastes. Under this approach. It Isconceivable that material consideredhigh-level waste fotr thle purposes oflicensing nnder the EnergyReorganIzation Act of 1X974 wil also beconsidered low-level waste ffor thepurposes of the Nuclear Waste PolicyAct (NWPA) of 1982. Wastes presentlybeing stored at the Hanford waste tanks.which have traditionally been classifiedas high-level wastes, wouldtikelybereclassified as above Claus C low-level

waste under the first option.Commissioner Asselstine requestspublic comment on how thisreclassification would affect the NRC'slicensing authority over the long-termstorage or In situ disposal of theHanford waste tanks. CommisslonerAsselstine also requests comments onwhether there are alternativeapproaches to achieving the statedpurpose of thIs advanced notice ofproposed rulemaking of Identifyingwastes subject to the provisions of theNWPA without altering the traditionaldefinition of high-level waste and thuscreating this potential for confusion.List of Subjects in 10 CPR Part 60

High-level waste, Nuclear powerplants and reactors, Nuclear materials,Penalty, Reporting requirements, Wastetreatment and disposal

Authority. The authority citation for thisdocument is Sec. 161 Pub. L 83-7n 68Stet48 as amended (42 U.S.C. 2znDated at Washington. DC this 2Zthday of

Febrdary IS87.For the Nuclear Regulatory Commission.

Samuel J, ChilktSecretaryof te Cormmission.Appendix-Volumes and Characteristics ofWastes Exceeding Class C Concentrationlimits

For a number of years NRC has had anongoing program to develop regulations andcritera for disposal of low level radioactivewaste At the time this program we. Initiated,there uas a well-documented need forcomprehensive national standards andtechnical criteria for the disposel of low-levelwaste. The absence of sufficient technicalstandards and criteria was seen to be a majordeterrent to the siting of new disposalfacilities by states and compacts.

A significant milestone In this program wasthe promulgation of the regulation 10 CFRPant 61 Mcaendng Requirements for LandDsposal ofRadloactheo Waste") onDecember27. I98Z (47 FR 574401. Thisregulation establishes proceduralrequirements, Institutional hed financialrequirements, and overall performanceobjectives Tor land disposal of radioactivewaste, where land disposal may Include anumber of possible disposal methods such asmined cavities, engineered bunjcers, orshallow land burial. This regulation aocontains technical criteria (on site suitability,design, operation. closure, and waste form)which are applicable to nearvurfacedisposaL which is a subset of the broaderrange of land disposal methods. Near-surfacedisposal Is defined as disposal in or withinthe upper 30 meters of the carth's surface,and may include a range of possibletechniques such as concrete bunkers orshallow land burial Thse Part 61 regulation laIntended to be erformanceoriented ratherthan prescr~ptpve.,vlth the result thatthe Part1 echnical criterare aeritten in relativelygeneral terms, allowlng applicants to

demonstrate how their proposals meet thesecriteria foavarious spedfic near-surscedisposal methods.

A waste classification system was alsoInstituted in the regulation which establishesthbre classes of waste suitable for near-surface disposal Class A, Caess B. anid CassC. Limiting concentrations for particularradionuclides warpesBtablished fr *eachwaste class, with the highest lmits being forClass C. lbe concentration limits warestablished based on NRCs n nding(at the time of the rulemaking of thecharacteristics and volumes of low-levelwaste that would be reasonably expected tothe year 20W, as well as potential disposalmethods.

The Class C concentration limits areappilcabls to all potential near-surtacedisposal systemn bowevdt, the calculations'performed to establish the limits are bised onpostulated use of one near-surface disposalmethod; shallow land burial The Class Climits are therefore conservative since theremay be other near urface disposal method&that have greater confinementcapability (andhigher coss) than shalqwg land burial.

The regulation states that waste exceedingauss C concentratiwi bizpit iiconsidered tobe "not generally acceptable for near-curfacedisposal," where this Is defined In I 6J55a)4a "waste for which waste form and disposalmethods must be different, and In generalmore stringent, than those specified for CassC wiste." Thus, waste exceeding Part e1concentrations generally has been excludedfrom nearsurface disposal and is being heldIn storage by licensees. (Ts amounts to lessthan IS of the approximately ,00O fn* ofcommercial low-level waste annually beinggenerated.) Civen the current absence ofprescriptive requirements for disposal ofwaste exceeding Class C concentrationlimits, the regulation allows for evaluation ofspecific proposals for disposal of such wasteon a case-by-case bass. The general criteriato be used in evaluating specific proposalsare the Part et performance objectivescontained in Subpart C of the regulation.

Current NRC activities include analyses oflow-level waste that exceeds Class C'concentration limits to determine the extentto which alternative near-surface disposalsytems [eg concrete bunkers, augered.holes, deeper disposal) may be suitable forsafe disposal of such waste. Tbese analysesInctude a more de tailed chaera cte rizatifon of'physical, chemical, and radiologicalcharacteristics of wastes that may be close toor exceed Class C concentration limits aswell as development of Improved methods formrodeling the radiological and economicimpact of disposal of these wastes. A relatedactivity Is development of more specificguidance for design and operation ofalternative near-surface and ether landdisposal systems.These activities represent acontinuation of the Part 51 rulemakingprocess as discussed in the December ,.1982 notice of the final Part 61 regulation (47MR 57446).

Wastes exceeding.class C concentrationsara projected to be generated by nuclearpower reactors and other upporting nuclearfuel cycle facilities, and also generated by

I

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radioisotope product manufacturers and'other facilities and licensees outside of thenuclear fuel cycle. Such wastes can begrouped as fo lows:-4lutonlum-contaminated nuclear fuel cycle

wastes-Activated metals-Sealed sources '-ladioisotope product manufacturing

wastes-Other waste

Pkaonlum-contamnoted nclear fuel cyclewastes1 These wastes are being generatedfrom two principal sources. One source ofwaste arises from operatiobn supporting thenuclear fuel cycle-L.,_ post-rradiaflonradlochemical and other performanceanalyses of spent fuel rods from nuclearreactors lesg.. 'btrp studies). Theseoperations generate about ZD0 fin ofplutonfum contaminafed waste per year,much of which It believed to exceed Class Cconcentration limits This waste consists ofsolidified liquids and other solid materialsuch as scrap, trash. and contaminatedequipment. Eventual decommissioning of the -three facilities currently performing theseanalyses is expected to generate additionalwaste volumes, a portion of which isexpected to exceed Class C concentrationlimits.

The second source of waste arises fromfuel cycle licensees wlo have previouslybeen authorized to use plutonium In researchand development of advanced reactor fuels.None of these licensees Is using plutoniumnow, and there Is no prospect In theforeseeable future for such activities. In fact.each of the licensees In this category haseither decommissioned or Is in theprocess ofdecommissioning, Its facility, Some of thelicensees have made contractualarrangements to transfer theirdecommissioning waste to DOE forretrlevable storage. Approximnately S.000 to10c ft0 R of wfaste, however, Is projected tobe generated on *cone-time basis that will notbe covered by contract,

Activated metals. Activated metals aretypically generated as a retult of tong-termneutron bombardment of metals forpiing thestructure or internal components of a nuclearreactor used' fr power production,radioisotope production, or other purpose

eg educaton, testing, research) Activatedmetal wastes are uike most other wastesbeingzeneraled ln that the radionuclidesform part of the actual metal matrix ratherthan beilng mixed writh large volumes ef other,nonradloactive materlal such as paper, clothor resins, Radionucdide release is principaliygoverned by the material corrosion rate, andfor most reactor metals of concern (eg.stainless steel), the corrosion rate Is quitelow.

To date, only a small fraction (about 200ftslyr) of the activated metal waste currentlybeing generated by nuclear power reactorshas been Identified as exceeding Class CconcentratIon limits. Such waste appears toprimarily consist of In-core Instrumentationwhich Is no longer serviceable, An exampleof this waste is a reactor flux wire which Isphysically small but may be high in activity.(A flux wIre is a wire that Is inserted into atube running the length of the reactor core

and used to make neutron fluxmeasurements.)

Large quantities of acti;atei metal wastesare projected to be generated in the future asp part of reactor decommissioning. Studies byNRC (NlUREG/CPlO1M0. iddendum 3 andNUREG/CR-72, addendum z) indicate thatover 99M of the waste volume that Isprojected to result from nucder power reactordecommissioning will not exceed class Cconcentration limits and the 1S that Isprojected to exceed these limits will bealmost all activated metals from corestructure. Conservative estimates presentedIn these studies Indicate that packagedquantities of decommissioning wastesexceeding Class C concentration limits willtotal about 47w ft' for e large (1175 iUWe)pressurized water reactor (PWR) and about2180 il for a large (1155 MiWe) boiling waterreactor (BWR). Much smaller quantities ofwastes exceeding Class C concentrationlimits way also be generated from futuredecommissioning of test, research, andeducation reactors.

Another source of activated metal waste Isexpectedtlo a~rise as part of consolidation ofspent fuel assembles Jor storage and/ordfsposaL Spent fuel assemblies now belingperiodically discharged from nudear powerreactors are stored 1n onsite fuel storagepools. Each assembly is composed of a largenumber of fuel rods arranied In a rectangulararray. and held In place by spacer grids, ticrods, metal end fittings, and other

--iscellaneou hardware, One option underconsideration for long-term waste storageand eventual disposal In to remove thishardware form the fuel rods This allows thefuel rods, which contain the fission productswhich are of primary interest In tenms ofgeologic repository disposaL to beconsolidated into a smaller volume. Thisenables more economical storage and easierhandling for transport and disposal. Thehardware, which is composed of varioustypes of corrosion-resistant metal such asInconel or zircalloy, becomes a second wastestream which could potentially be safelydisposed by a less expensive method than ageologic repository.

Based on information from DOE (DOE/RW-OOOB. September. I984) about 12 kg ofwaste hardware would be generated perBWR fuel assembly, and about 25 kg perPWR fuel assembly. Assuming 2 fuelasemblies are replace per year per large1oo0 NWe) BWR.roughly 2400 kg of activatedmetal hardware would be generated per yearper large BWR, and about VOO kg per PWR.An approximate compacted volume Is on theorder of So ft /yr per large reactor, or about4,000 ft`/yr over the entire industry.Depending3 upon parameters such us the fuel

Irradiation history and the hardwa reelemental composition, particular pieces ofseparated hardware mayor may not exceed*Class C concentration limits.

Other than perhaps a few isolated cases,all of the spent fuel assembiles are beingstored by licensees with the hardware stillattached. Under the provisions of the NWPA,operators of nuclear power plants haveentered into contracts with DOE foracceptance by DOE of the spent fuel forstorage and eviatual aisposal. (See 48 FR

155 April 18 198 for the terms of thecontract.) Acceptance of the spent fuel byDOE implies acceptance of the activatedhardware along with the fuel rods, with theresult that disposal of the hardware wouldintrinsically be a Federal rather than a Stateresponsibility. Disposal responsibilitybecomes less clear I licensees seeking moreefficient onalte storage, consolidated fuelthemselves.

Sealedsources. A number of discretesealed sources have been fabricated for avariety of medical and industrialapplications. including irradiation devices.moisture and density gauges, and well-logging gauges. Each source contains onlyone or a Hinted number of radiolsotopes.Sealed sources can range in activity from afew millionths of a curie for sources used Inhome smoke detectors to several thousandcuries for sources used in radiotherapyirradiator Sealed sources are produced inseveral physical forms, including metal foils.metal spheres, and metal cylinders clampedonto cables. The larger activity sealedsources typically consist of granules ofradioactive materials encapsulated in a metalsuch as stainless steeL

Sealed sources are generally quite smallphysically. Even sources containing severalcuries of activity have physical dimensionswhich are normally len than an inch or twoIn diameter and e Inches In length. Thesedimensions are such that, like activatedmetals, sealed sources may be considered tobe a unique form of low-level waste.Characterizing sealed sources in terms ofradionuclide concentration certainly appearsto be of less utility than characterizing sealedsources In terms of source activity.

Depending upon the application, sealedsources may be manufactured using a varietyof different radliSotopes. A review of theNRC sealed source registry was conducted toIdentify those source designs which maycontain radloisotopes In quantities that mightexceed anss C concentration limits. Theprincipal possibilitIes appear lo be thosecontaining cesium-lV. plutoniurn-238,plutonium-239* aid amertidum-241. Largecesium-IS7 sources are generally used inirradiator., and while some large sources canrange up to a few thousand boes most

whicfh are sold appear to contain in theneighborhood of 500 cuds Cesium-il? b abeta/gamma emitter having * half-life of 30years, whichi suggests that special packaginand disposal techniques can be readilydeveoped for safe near-surface disposal ofsources containing thas isotope.

The remaining threb Isotopes are alphaerritters and are longer lived. Sourcesmanufactured using these Isotopes can rangeup to a few tens of curies, although most thathave been sold appear lo be much less thanone curie In strength. Plutonium-239 sourcesar not commonly manufactured, Plutonium- -SU sources have been manufactured for use

as nuclear batteries for applications such asheart pacemakers. Plutonium-cis has alsobeen used In neutron sourcesa.althoughneutron sourcas currently beingmanufactured generally contain americium-2C. Ameridum-241 is also used In a wide

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Federal Register I Vol. 52. No. 39 Friday. February . 1987 / Proposed Rules__ 6001

variety of other Industrial applications suchas Rl level gauges.

Neutron sources produce neutrons for-ppslcatons suc usreactorstartup. well

loin. minerl exploration. and clinicalcaldwn measurements These sourcescontain alpha-emitting radlonuclides such asamericlum-241 plus a target material(generally beryllium) which generatesneutrons when bombarded by alphaparticles. Neutron sources can contain up toapproximately 20 curies of activity.

It Is difficult to project potential wastesealed source quantites and activltes. sincesealed sources as wastes ae not routinelygenerated as part of licensed operations. Inaddition, sealed sources only become wastewhen a decision Is made by a licensee totreat them as such. In many instances sourcesheld by licensees may be recycled back to themanufacturer when they are no longer usable,and the radioactive material recovered andfabricated Into new sources. Finally, sourcemanufacturers are licensed by the NRC andNRC: Areement States to manufacture aparticular source design up to a specifiedradioisotope cuide limul Most actual sources.however, contain activities considerably lessthian thie design UimlL

NRC staff estimates that llcenseescurrently possess approximately 10.000encapsulated sources haaving activites abovea few thousandths of a curie and containing.nerlclum-44l or plutonlum-Z38 Given the

hypothetical case that all these sources werecandidates for disposal, the totalconsolidated source volume would be onlyabout 35 fh '. After packaging for shipment,however, the total disposed waste volumewould be sIgnifcantly Increased. The totalactivity contained In the sources Is estimatedto be approximately 70,000 curdes.

Radiokolpe product manufacturigwastes. Wastes exceeding Class Cconcentration limits are occasionallygenerated as part of manufacture of sealedsources. radiopharmaceutical producs. andother materials used for IndustrilLeducationaL, and medical applicationsVolumes and characteristics of such wastesare difficult to project, However, It bs

bellewed that the largest volume of this ateconitsb ofealed sources which cannot berecycled. plutonlurn.238 and amerlclum 2Usource manufact~urn scrap, and wastecontaminated with carbon-It

sealed sources as a waste formta*rediscussed above. Manufacture of largeplutondum.238 and merlluni4l sources isconcentrated In only a tew faciliies, fomwhich the generaion of waste exceeding

clas. c concentration limits Is believed tototal only few hundred fta' per year.Approximately lofts' per year of cadbon-24waste bi generated au a result ofra diop harn na ce UtilCal ma nufa ctu ring.U

Other tvaes. Athoagh the abovediscussed wstes are believed to be theprincipal wastes that are expected to exceedClass C concentraton lmdt other wastesmay occasonally alo be generated Forexample relatively small quanties of uchwastesr ar rently being generated as partof decontarination ot the Three Maile Islnd,Unite, nuclear power plant. Hawevero thesewases are being generated as a result of an

accident, are therefore considered abnormal,nd are being transferred to DOE under a

memorandum of understanding with NRC.Wastes exceeding Class C concentrationlits and generated as pert of the West

Vallea Demonstratan Pject are al beingtransferred to DOE for storage pendingdisposaL.

Sealed sources and other wtaste containingdiscrete quantites of radllum-Z 1 may aloexceed Class C concentration limits Preductscontaining radiuin 228 have been omnanufactured In the pest for a varisty oIndustrial and medical applications Suchwastes are not regulated by NRC butoccasionally have been disposed at licensedlow-lvel waste di posal faciites. NRC iscurrently investigating the impacts ofdisposal of such waste in order to provideguidance to States and other Interestedparties on safe disposal methods and anyconcentration limitations.(FR Doe. 87-4129 Filed 2-28-87; L45 am)sim coin 70-41-U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Par 39

(Docket No. #o-CE-l0-ADI

Airworthiness Directves, CessnaModel T303 AirplanesAOENCY Federal AviationAdministration (FAA DOT.ACrON:i Notice of proposed rulemaking

euMARY This Notice proposes toamend Airworthiness Directive (AD) 88-MOIRI, Amendment 399 316,published In the Federal Register onMay 21, 198 (51 FR 18573), applicable toCessna Model T303 airplanes. The ADremoved approval for flight Into knownIcing conditions for those Model T303

irplanes with. flight Is known IcingapprovaL The manufacturerhasdeveloped a modification for theairplane which eliminates the unsafecondition when operating In IcingconditiQns. This proposed amendmentrestores approval for flight in knownIcing conditions for those airplaneswhich install the modification.DATE Comments must be received on orbefore April 15, 1987.ADDRESS: Cessna Service BulletinsMEB85-17. dated October 1,198, andMEBEBSS-, dated October 121908,applicable to this AD may beoobtelnedfrom Cessna Aircraft Company,Customer Services, P.O. Box 1521,Wichita, Kansas W72M1; or may beexamined In the Rules Docket at theaddress below, Send comments on the'proposal In duplicate to FederalAviation Administration, Central

Region. Office of the Regional Counsel,Attention: Rules Docket No. as-CE-l0-AD, Room 1558 W01 East 12th Street,IKansas City, Missourl 54108. Commentsmay be Inspected at this locationbetween 6aum. and 4 pm, Mondaythrough Friday, holidays excepted.FOR FURTHER INFORMATION CONTACT.Mr. Bennett L Sorensen. AerospaceEngineer, Wichita Aircraft CertificationOffice, ACE-ISOW. FAA Central Region.1801 Airport Road, Room 100. Mid-Continent Airport, Wichita. Kansas;Telephone (S3B) 945-4433.SUPPLEFMNTARY INFORUATIorC

Comments invited

Interested persons are Invited toparticipate in thxe making of theproposed rule by submitting suchwritten data. views or arguments aSthey may desire Communicationsshould Identify the regulatory docket ornotice number and be submitted induplicate to the address specifiedabove. Al communications received onor before the closing date for commentsspecified above will be considered bythe Director before taking action on theproposed rule. The proposals containedin this notice may be changed In thelight of comments received. Commentsare specifically Invited on the overallregulatory, econonll0 environmentaland enery apects of the proposed rule.All comments submitted wiill beavailable both before and after theclosing date for comments In the RulesDocket for examination by Interestedpersons. A report summarizing eachFAA public contact concerned with thesubstance of this proposal will be filedIn the Rules DocketAvailability of NPRMs

Any person may obtain a copy of isNotice of Proposed Rulemaking (NPRM)by submitting a request to the FederalAviation Administration. CentralRegion. Office of the Regional CounselAttention Airworthiness Rules DocketNo. 88-CE-10-AD, Room 15585 01 East12th Street, Kansas City, Missouri 64108

Discussion

AD 88-01-0IRI, Amendment 39-5318.was published In the Federal Register(51 FR 15573) on May 2n 1988. The AD*removed approval for flight into knowncing conditions for Cessna odel T303

airplanes Te D was itten becausethere wrere several reported occurrencesof rudder/rudder pedal oscillations.pitch oscillations end oncommandednose down p itch changes whenconducting flight in Icing conditions. AD88-0101 and AD 88-1-GRl were sent

HeinOnline -- 52 Fed. Reg. 6001 1987