Jurisdiction Over Low Level Waste Management at Reactor Sites in Agreement States
HPPOS-097 PDR-9111210206
Title: Jurisdiction Over Low Level Waste Management at
Reactor Sites in Agreement States
See the memorandum from G. H. Cunningham to H. R. Denton
dated September 13, 1985. This memo provides the following
OELD opinion. The NRC has jurisdiction over the handling
and storage of low-level wastes within the reactor
exclusion area. In Agreement States, the states have
control over land burial of low level wastes, even in the
exclusion area. The opinion also extends to reactor
decommissioning.
In Agreement States, the NRC licenses and regulates the
handling and storage of low level waste in the exclusion
area. When wastes are derived from offsite waste
generators, NRC jurisdiction is based on 10 CFR 100.3 (a),
which requires the reactor licensee to have an exclusion
area in which the licensee maintains and has full control
over all activities in order to protect public health and
safety from the release of possible fission products from
hypothetical major accidents. Under Generic Letter 85-14,
any program sponsored by a state to fulfill its low level
waste obligations in accordance with the Low Level
Radioactive Waste Policy Act (Public Law 96-573, 42 U.S.C.
2021b-2021d) by storage of waste within the exclusion area
of a nuclear power reactor is subject to the licensing and
regulatory jurisdiction of the NRC pursuant to 10 CFR
150.15 (e) (1).
The disposal of low level radioactive waste generated by
the operation of a nuclear reactor was omitted in 10 CFR
150.15 as a function reserved to the federal government.
This implies that it was relinquished to the Agreement
States. Therefore, because of the hazards or potential
hazards of high level atomic energy wastes from the
chemical processing of irradiated fuel elements, its
disposal is governed by license pursuant to CFR 150.15 (a)
(4). However, the states have control over land burial of
low level wastes (27 FR 1351, February 14, 1962).
In regards to the decommissioning of nuclear reactors,
after removal of all special nuclear material from the site
and fixing the reactor so that it can never again be used
in the production or utilization of special nuclear
material, Agreement States may regulate the remaining
byproduct radioactivity provided the NRC takes the position
that leaving the radioactive structures on site in a safe
configuration is the method of choice for disposal. But,
assuming a continued legal viability for 10 CFR 150.15 (a)
(1), a storage option preserves NRC jurisdiction.
Regulatory references: 10 CFR 20.302, 10 CFR 100.3, 10 CFR
150.15, 10 CFR 20.2002
Subject codes: 9.6, 12.2, 12.9
Applicability: Reactors