[Federal Register Volume 62, Number 103 (Thursday, May 29, 1997)]
[Notices]
[Pages 29164-29165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14010]


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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]
BILLING CODE 7590-01-P