Availability of Draft Branch Technical Position on a Performance Assessment Methodology for Low-Level Radioactive Waste Disposal Facilities

Federal RegisterMay 29, 1997

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NUCLEAR REGULATORY COMMISSION

Availability of Draft Branch Technical Position on a Performance

Assessment Methodology for Low-Level Radioactive Waste Disposal

Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Availability of Draft Branch Technical Position.

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SUMMARY: The U.S. Nuclear Regulatory Commission is announcing the

availability of the ``Draft Branch Technical Position on a Performance

Assessment Methodology for Low-Level Radioactive Waste Disposal

Facilities.''

DATES: The comment period expires August 27, 1997.

ADDRESSES: Send comments to Chief, Rules Review and Directives Branch,

Division of Freedom of Information and Publications Services, U.S.

Nuclear Regulatory Commission, 11545 Rockville Pike, Mail Stop T-6-D59,

Rockville, Maryland 20852-2738. Comments may be delivered to the same

address between 7:45 a.m. and 4:15 p.m., on Federal workdays.

A copy of the draft Branch Technical Position (BTP) is available

for public inspection and/or copying at the NRC Public Document Room,

2120 L Street (Lower Level), NW, Washington, DC 20555-0001. Copies of

the draft BTP may also be obtained by contacting Karen S. Vandervort,

Division of Waste Management, Office of Nuclear Material Safety and

Safeguards. Telephone: (301) 415-7252.

FOR FURTHER INFORMATION CONTACT: Anne E. Garcia, Division of Waste

Management, Office of Nuclear Material Safety and Safeguards.

Telephone: (301) 415-6631.

SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission's

(NRC's) regulation regarding the licensing requirements for the land

disposal of low-level radioactive waste (LLW) can be found at 10 CFR

part 61. Part 61 requires that technical analyses be performed to

demonstrate protection of the general population from releases of

radioactivity to the general environment in certain environmental

pathways such as ground water, surface water, air, soil, and biota

(plants). A LLW performance assessment is a technical analysis that can

be used to demonstrate compliance with NRC's performance objective for

radiological protection of the general public--10 CFR 61.41. NRC's

Performance Assessment Working Group has prepared a draft BTP,

designated NUREG-1573, as a step toward providing detailed LLW

performance assessment guidance to potential applicants for a NRC

license. When finalized, the BTP may contain information that may be

useful to Agreement States and disposal site developers on LLW

performance assessment. In this regard, the draft BTP includes the

staff's technical positions on: (a) An acceptable approach for

systematically integrating site characterization, facility design, and

performance modeling into a single performance assessment process; (b)

five principal regulatory issues regarding interpreting and

implementing Part 61 performance objectives and technical requirements

governing LLW site post-closure performance; and (c) implementation of

NRC's LLW performance assessment methodology. In arriving at the

proposed positions taken on these issues in the draft BTP, the staff

has considered a number of alternatives. Nevertheless, the staff is

interested in the public's views on both the suitability of approaches

presented in the draft BTP for measuring the performance of LLW

disposal facilities, as well as the staff's proposed positions on

certain LLW regulatory issues: (a) Consideration of future site

conditions, processes, and events; (b) performance of engineered

barriers; (c) timeframe for an LLW performance assessment; (d)

treatment of sensitivity and uncertainty; and (e) the role of

performance assessment during the operational and closure periods.

To obtain early feedback on the guidance for LLW performance

assessment under development by the staff, a preliminary draft of the

BTP was distributed for comment to LLW-sited and host Agreement State

regulatory entities; the Advisory Committee on Nuclear Waste (ACNW);

the U.S. Department of Energy (DOE); the U.S. Environmental Protection

Agency; and the U.S. Geological Survey in January 1994. The staff

briefed the ACNW and the Commission on the scope and content of the BTP

in March and April 1994, respectively. The staff subsequently held two

workshops on the BTP and LLW performance assessment. The first was a 2-

day workshop held at NRC Headquarters on November 16-17, 1994. The

second was a half-day workshop, limited to certain technical issues in

LLW performance assessment, held at the 16th Annual DOE/LLW Management

Conference on December 13-15, 1994. Finally, the staff briefed the ACNW

on key regulatory issues and its evaluation of the workshop comments on

March 16, 1995. This draft BTP reflects the staff's consideration of

feedback received during those interactions. However, the staff did not

formally respond to these comments in preparing this version.

In a related matter, the staff would be interested in the views of

the public concerning whether it would be appropriate to discount

potential doses, from a hypothetical LLW disposal site, to future

generations. In the context of LLW disposal, it does not appear that

the use of the ``time-value of money'' approach to discounting is

implementable considering the long time frames of performance

considered. In the context of LLW disposal, application of discounting,

either qualitative or quantitative, might more appropriately weigh

present-day economic cost of design and performance features associated

with LLW disposal against expectations about future health risks. This

approach would not allow the standard to be exceeded, but would address

the level of assurance necessary to demonstrate that the LLW

performance objectives will be met. Although the draft BTP does not

address this issue, the staff has been asked by the Commission to

request comment on this concept as part of the public comment process.

Finally, the staff is aware that several entities have commented on

aspects of the BTP, as presented in the January 1994, preliminary

draft, through the Commission's November 1995 Strategic Assessment and

Rebaselining Initiative. The staff was directed by the Commission to

inform it on how it plans to resolve those comments prior to a decision

to finalize the BTP. As part of the public comment process, the staff

will provide the Commission with a summary of all public comments,

including those made during the Strategic Assessment and Rebaselining

Initiative, and proposed resolutions to those comments prior to

finalizing the BTP.

Dated at Rockville, Maryland, this 22nd day of May 1997.

[[Page 29165]]

For the U.S. Nuclear Regulatory Commission.

Michael J. Bell,

Acting Chief, Performance Assessment and High-Level Waste Integration

Branch, Division of Waste Management, Office of Nuclear Material Safety

and Safeguards.

[FR Doc. 97-14010 Filed 5-28-97; 8:45 am]

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