[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Notices]
[Pages 32054-32055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12575]


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NUCLEAR REGULATORY COMMISSION


Notice of Availability of Regulatory Issue Summary 2008-12 
Considerations for Extended Interim Storage of Low-Level Radioactive 
Waste by Fuel Cycle and Materials Licensees

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: The NRC staff has issued Regulatory Issue Summary (RIS) 2008-
12; Considerations for Extended Interim Storage of Low-Level 
Radioactive Waste by Fuel Cycle and Materials Licensees. The RIS is 
intended to update and replace information provided in Information 
Notice 90-09, ``Extended Interim Storage of Low-Level Radioactive Waste 
by Fuel Cycle and Materials Licensees,'' February 5, 1990. The RIS is 
dated May 9, 2008.

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FOR FURTHER INFORMATION CONTACT: Mr. James Shaffner, Project Manager, 
Low-Level Waste Branch, Environmental Protection and Performance 
Assessment Directorate, Division of Waste Management and Environmental 
Protection (DWMEP), U.S. Nuclear Regulatory Commission, Washington, DC 
20555. Telephone (301) 415-5496; fax number (301) 415-5397; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    In its annual report (SECY 06-193, ``Annual Review of the Need for 
Rulemaking and/or Regulatory Guidance on Low-Level Radioactive Waste 
Storage,'' September 6, 2006) to the Commission on the need for 
rulemaking or guidance related to extended interim storage of Low-Level 
Radioactive Waste (LLRW), the NRC staff reported its intention to 
review and revise, as necessary, guidance to NRC licensees faced with 
the prospect of mandatory extended interim storage of low-level 
radioactive waste. Staff stated that the emphasis of the effort would 
be directed toward the needs of fuel cycle and radioactive materials 
licenses that may be required to store waste classified as Class B or C 
waste, in accordance with 10 CFR part 61, ``Licensing Land Disposal of 
Radioactive Waste,'' after June 30, 2008, because of the limitation of 
access to the Barnwell Low-Level Radioactive Waste Disposal Facility. 
In its follow-up report on the topic, SECY 07-083, dated October 22, 
2007, staff outlined the process and timeline for accomplishment of the 
guidance update. The emphasis on fuel cycle and radioactive materials 
licensees was based on the understanding that 10 CFR part 50 licensees 
(production and utilization facilities) were more likely to have pre-
existing technical, physical, and financial infrastructure to 
adequately manage any required extended interim storage of LLRW.

II. Background

    The limitation of disposal access at the Barnwell disposal facility 
to States that comprise the Atlantic LLRW Compact (South Carolina, 
Connecticut, and New Jersey) as of July 1, 2008 is likely to require 
many radioactive materials licensees outside of that compact that 
generate Class B and C LLRW to store such waste. In anticipation of 
this circumstance, NRC staff reviewed and updated information related 
to extended interim storage of LLRW by fuel cycle and radioactive 
materials licensees. In SECY-07-083, staff determined that the most 
efficient and transparent means to accomplish this was to revise IN 90-
09. However, in consultation with other NRC offices it was later 
determined that the most appropriate form of generic communication for 
imparting the information was a RIS. Although the RIS does not impose 
any additional regulatory requirements on NRC licensees, staff 
considered that it also may be of some interest to Agreement State 
radiation control programs and their licensees.

III. Need for the Revision

    NRC staff considered the need for the revision of IN 90-09 based on 
changes in regulatory circumstances that have occurred since 1990. 
These include, but are not limited to, the changing nature of and 
access to permanent disposal capacity, emerging technologies related to 
the processing, treatment and handling of radioactive waste, and 
changed security considerations based on the circumstances of September 
11, 2001.
    The updated information in the form of RIS 2008-12 is responsive to 
both licensees who will be able to store LLRW in accordance with terms 
and conditions of existing licenses as well as those whose 
circumstances may have changed such that a license amendment is 
required. The RIS includes a number of major considerations related to 
extended interim storage. These include reaffirmations of two 
considerations, related to storage time limit and suitable waste forms 
for storage, formerly addressed but never finalized by NRC staff in 
SECY 94-198, ``Review of Existing Guidance Concerning Extended Storage 
of Low-Level Radioactive Waste'' (August 1, 1994).
    The RIS includes four enclosures to inform its contents and 
facilitate its use. The enclosures include licensing considerations, 
updated State and compact contacts, additional references, and recently 
issued generic communications.

IV. Intended Use

    RIS 2008-12 provides updated information related to extended 
interim storage of LLRW by fuel cycle and materials licensees. It 
imposes no additional regulatory requirements. The RIS is intended to 
replace the IN 90-09 dated February 5, 1990. Further, any references to 
IN 90-09 contained in other NRC guidance or technical

[[Page 32055]]

references should now be interpreted to refer to RIS 2008-12.

V. Agencies and Persons Consulted

    The RIS was developed in accordance with the requirements of NRC 
Inspection Manual Chapter 0730, ``Generic Communications Regarding 
Materials and Fuel Cycle Issues.'' In the process of preparing RIS 
2008-12, FSME staff consulted with other NRC Headquarters offices, NRC 
regional offices, State officials in both Agreement States and non-
Agreement States and territories, the Organization of Agreement States, 
the Conference of Radiation Control Program Directors and several 
licensees licensed by either NRC or Agreement State Radiation Control 
Programs.

VI. Further Information

    Documents related to this action are available electronically in 
the NRC's Reading Room at http://www.nrc.gov/reading-rm/adams.html. 
From this site, you can access NRC's Agencywide Document Access and 
Management System (ADAMS), which provides text and image files of NRC's 
public documents. The package which contains RIS 2008-12 and four 
enclosures can be found in ADAMS at accession number ML073330609. If 
you do not have access to ADAMS, or if there are problems accessing 
documents located in ADAMS, contact the NRC Public Document Room (PDR) 
Reference Staff at 1-800-397-4209, 301-415-4737, or e-mail [email protected]. 
These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O1-F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated at Rockville, Maryland, this 29th day of May 2008.

    For the Nuclear Regulatory Commission.
Scott C. Flanders,
Deputy Director, Environmental Protection and Performance Assessment 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
 [FR Doc. E8-12575 Filed 6-4-08; 8:45 am]
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