ML21013A299 (1) Part 61 Final SS

ML21013A299 (1) Part 61 Final SS.pdf

10 CFR Part 61, Licensing Requirements for Land Disposal of Radioactive Waste

OMB: 3150-0135

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FINAL OMB SUPPORTING STATEMENT
FOR
10 CFR PART 61
LICENSING REQUIREMENTS FOR
LAND DISPOSAL OF RADIOACTIVE WASTE
(3150-0135)
--EXTENSION
Description of the Information Collection
The Nuclear Regulatory Commission (NRC) regulations in Title 10 of the Code of Federal
Regulations (10 CFR) Part 61, establish the performance objectives, procedures, criteria, and
terms and conditions upon which the NRC issues licenses for the land disposal of Low-Level
Radioactive Wastes (LLW) containing byproduct, source, and special nuclear material received
from other persons. The regulations are issued pursuant to the Atomic Energy Act of 1954, as
amended, and Title II of the Energy Reorganization Act of 1974, as amended. The supporting
statement lists the information needed to support the application and operation of a land
disposal facility that is required to be submitted under 10 CFR Part 61 by the applicants for or
licensees of LLW disposal sites to ensure the adequate protection of public health and safety,
common defense and security, and the environment during the disposal site’s licensing period.
A.

Justification
1.

Need for and Practical Utility of the Information Collection
10 CFR Part 61 requires information submissions in the form of applications,
reports, and records. The NRC or Agreement State staff needs this information
to ensure adequate protection of public health and safety, common defense and
security, and the environment. The information collection needs relative to
requirements imposed by specific sections of 10 CFR Part 61, are provided in
Appendix A to this Final OMB Supporting Statement.

2.

Agency Use of Information
The general, technical, institutional, and financial information included in the
applications will be used by the NRC or Agreement State to determine whether
the proposed activities can be conducted safely without harming common
defense and security and constituting an unreasonable risk to the public health
and safety or the environment.

3.

Reduction of Burden Through Information Technology
The approach throughout 10 CFR Part 61 was to specify the necessary
information but not to specify how the information must be maintained. For
example, no application form is specified, and section 61.80(c) explicitly allows
the use of microfilm for recordkeeping. However, section 61.80(l) requires each
LLW facility operator to store manifest and other information pertaining to receipt
and disposal of LLW in an electronic recordkeeping system. In addition, the
operator must report pertinent manifest information to the NRC or Agreement

State on a computer-readable medium. As a result, the NRC estimates that
100% of the manifest information and other information pertaining to receipt and
disposal of LLW is maintained and reported electronically. However, because of
the types of information and the infrequency of submission, other information
collections under 10 CFR Part 61 are generally not submitted electronically.
The NRC has issued Guidance for Electronic Submissions to the NRC which
provides direction for the electronic transmission and submittal of documents to
the NRC. Electronic transmission and submittal of documents can be
accomplished via the following avenues: the Electronic Information Exchange
(EIE) process, which is available from the NRC's “Electronic Submittals” Web
page, by Optical Storage Media (OSM) (e.g. CD-ROM, DVD), by facsimile or by
email. It is estimated that approximately 90% of the potential responses are filed
electronically.
4.

Effort to Identify Duplication and Use Similar Information
The collection of the information required is not a duplication of other information.
No sources of similar information are available and there is no duplication of
requirements. Section 61.21 specifically provides an opportunity for the applicant
to avoid repetition in filing licensing submittals by referencing previously
submitted material.

5.

Effort to Reduce Small Business Burden
Applicants for operation of a disposal site may be small businesses. However,
the total number of applicants is expected to be small and the information needs
are the same for both large and small entities. As such, it is not possible to
reduce the burden on small businesses by less frequent or less complete
reporting. The NRC staff estimates that none of the four licensees subject to
10 CFR Part 61 are small businesses.

6.

Consequences to Federal Program or Policy Activities if the Collection is Not
Conducted or is Conducted Less Frequently
Not conducting the information collection or less frequent information collection
would compromise NRC’s ability to make licensing decisions and monitor the
continuing safety of disposal operations. Applications are submitted only when a
license is requested or for renewal. License reports are required annually on
financial status and site operations. Less frequent reports would not give early
warning of potential problems.

7.

Circumstances Which Justify Variation from Office of Management and Budget
Guidelines
Section 61.9a (b) requires that an applicant or a licensee submit a notification to
the NRC in less than 30 days from the date of identifying information having
significant implications for the public health and safety, the environment, or the
common defense and security, which is not covered by other reporting
requirements. The requirement to provide notification within two working days
following the identification of the information is necessary to ensure that the NRC
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is made aware of the significant safety information so as to take prompt effective
action to protect the public health and safety, the environment, or common
defense and security.
Section 61.20 requires applicants to maintain the capability to generate additional
copies of the application for distribution in accordance with instructions from the
NRC. This allows the NRC to request additional copies to State and local
governments, Indian tribes, other Federal agencies, and other persons or entities
affected by the application. However, current licensees and applicants are
located in Agreement States. Therefore, the NRC has not used the provision to
generate additional copies of those applications. In addition, the NRC does not
anticipate receiving any applications in the next three years.
Section 61.24(k) requires that licensees submit a notification to NRC in less than
30 days from the date of filing of a petition in bankruptcy. This notification is
necessary to ensure that the NRC is made aware of the bankruptcy so as to take
effective action to protect the public health and safety, the environment, and
common defense and security. Allowing a period of 30 or more days to elapse
might preclude the NRC from becoming aware of the licensee's distressed
financial circumstances in time to prevent the development or aggravation of a
potential hazard. Moreover, the United States Code contains requirements
regarding notification of creditors in bankruptcy. Notifying the NRC promptly after
the filing of the petition would, in fact, be less of a burden on the bankrupt than a
separate notification later in the proceedings. These records would be
transferred to a specified local, state, or Federal government official.
Sections 61.30(a)(3), 61.31(c)(3), 61.53, and 61.80(f) require retaining records
longer than 3 years. Specifically, the records are required to be retained for the
duration of the license. This retention period is required due to the length of time
the LLW remains hazardous. Specifically, the long half-lives of some
radionuclides require information about the radionuclides, their location, arrival
and disposal dates, and packaging well beyond 3 years to adequately protect the
public health and safety, the environment, and common defense and security.
8.

Consultations Outside the NRC
Opportunity for public comment on the information collection requirements for
this clearance package was published in the Federal Register on October 13,
2020 (85 FR 64533). NRC received 1 comment from Madhuri Ray.
Comment: A virtual bookkeeping platform should be used to keep track of the
monthly accounting of disposals.
Response: The staff believes the current regulations already address this
comment. Section 61.80(l) requires the low-level waste facility operator to store
manifest and other information pertaining to receipt and disposal of LLW in an
electronic recordkeeping system. In addition, the operator must report pertinent
manifest information to the NRC on a computer-readable medium. As noted in
section A.3. above, the NRC has issued guidance on the use of electronic
submittals. Also, Agreement States, not the NRC, regulate the four currently
licensed low-level waste facilities under their agreements with the NRC. These
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disposal facilities can use various digital platforms to track the disposal
information that the state regulators inspect and receive data from.
NRC also contacted two licensees by email and there were no comments
received.
9.

Payment or Gift to Respondents
Not applicable.

10.

Confidentiality of Information
Confidential and proprietary information is protected in accordance with NRC
regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b).
However, no information normally considered confidential or proprietary is
requested.

11.

Justification for Sensitive Questions
None.

12.

Estimated Burden and Burden Hour Cost
There are four low-level waste disposal facility licenses that have been issued by
the Agreement State regulators that are still in effect (SC, TX, UT, and WA).
NRC has no existing disposal facility licensees, and no NRC applications are
expected in the next three years. The burden estimates in this document reflect
the burden on these four licensees.
The following table documents the total burden for the four licensees under
10 CFR Part 61. For a breakdown of reporting and recordkeeping burden,
please see Table 1 and Table 2, respectively.
NRC Licensees
(hrs/yr)

Agreement State
Licensees (hrs/yr)

Cost at $279/hr

Reporting

0

56

$15,624

Recordkeeping

0

5,316

$1,483,164

Total

0

5,372

$1,498,788

The total burden of 10 CFR Part 61 for Agreement State licensees to respond to
the information collection activities is estimated to be 5,372 hours (56 Reporting
+ 5,316 Recordkeeping). The total cost is estimated to be $1,498,788 ($279/hr x
5,372 hrs). Costs are estimated based on the rate used in NRC’s license fee
rule.

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The $279 hourly rate used in the burden estimates is based on the NRC’s fee for
hourly rates as noted in 10 CFR 170.20 “Average cost per professional staffhour.” For more information on the hourly rate, see the Revision of Fee
Schedules; Fee Recovery for Fiscal Year 2020 (85 FR 37250, June 19, 2020).
13.

Estimate of Other Additional Costs
The NRC has determined that the records storage cost is roughly proportional to
the recordkeeping burden cost. Based on a typical clearance, the records
storage cost has been determined to be equal to 0.0004 times the recordkeeping
burden cost. Therefore, the storage cost for this clearance is estimated to be
$593 (5,316 recordkeeping hours x 0.0004 x $279hr).

14.

Estimated Annualized Cost to Federal Government
There is no estimated annual cost to the Federal government for reviewing
applications and reports, responding to notifications, and inspecting applicable
records. Because the four licensees are in Agreement States, the States in
which they are located are responsible for these functions.
The staff has developed estimates of annualized costs to the Federal
government related to the conduct of this collection of information. These
estimates are based on staff experience and subject matter expertise and include
the burden needed to review, analyze, and process the collected information and
any relevant operational expenses.

15.

Reasons for Changes in Burden or Cost
There is an increase in cost due to an increase in the calculated hourly rate from
$265/hr to $279/hr. The estimated hours were not changed from the last
information collection review.

16.

Publication for Statistical Use
None.

17.

Reason for Not Displaying the Expiration Date
NRC is not requesting any exemptions from OMB criteria.

18.

Exceptions to the Certification Statement
None.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

Statistical methods are not used in this collection of information.

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Table 1
Annual Reporting Requirements Under 10 CFR 61
Section

61.3(b), 61.11,
61.12, 61.13,
61.14, 61.15,
61.20,
61.22(b),
61.24(b)
61.6
61.9a(b)

Description

No. of
Respondents

Responses
per
Respondent

Total
Responses

Burden
Hours per
Response

Total
Annual
Burden
(Hrs)

0

0

0

18,000

0

Exemptions

0

0

0

2

0

Completeness

0

0

0

1

0

License
required,
General
information,
specific, etc

and accuracy
of information

61.10

Content of

Included in 61.3(b) above or in 10 CFR Part 51, OMB No. 3150-0021

application

61.16

Other
information

61.24(k)

Notification of

Included in 61.3(b) above or in OMB Clearances 3150-0009 or 31500002
0

0

0

0.5

0

0

0

0

500

0

0

0

0

2,500

0

0

0

0

2,000

0

0

0

0

2,000

0

0

0

0

1,000

0

bankruptcy

61.26

Amendment
of license

61.27, 61.28,
61.30, 61.31

Renewal,
closure,
transfer or
termination of
license

61.61, 61,62

Applicant
qualifications,
assurances,
and funding.

61.55(a)(2)(iv)

Greater than
Class C waste

61.58, 61.63

Alternative
requirements
for waste
classification
and
characteristics
and financial
assurance for
institutional
controls

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61.72

0

State and

0

0

2

0

tribal
government
consultation

61.80(g),(j)

Maintenance

Included in OMB Clearances 3150-0017, 3150-0020, and 3150-0009

of records,
reports, and
transfers

61.80(h)

Filing of

4

1

4

1

4

4

1

4

9

36

4

1

4

4

16

annual
financial
report

61.80(i)

Submission of
annual report
on site
activities

61.80(l)

Reporting of
manifest
information

Total

12

56

NOTE: The four respondents indicated are Agreement State licensees (SC, WA, TX, and UT).
The NRC has no existing disposal facility licensees, and no NRC applications are expected in
the next three years.
Table 2
Annual Recordkeeping Requirements Under 10 CFR 61
Section

Description

61.53

Environmental

No. of
Recordkeepers

Burden Hrs per
Recordkeeper

Total Burden
(hrs/yr)

4

960

3,840

Duration of
License

4

369

1,476

Duration of
License

monitoring

61.80(e)&(f)

Maintenance

Record
Retention

of records,
reports, and
transfers

61.80(k)

Maintenance

Included in OMB Clearances 3150-0017, 3150-0020, and 3150-0009

of records,
reports, and
transfers

61.80(l)

Maintenance

Included in 61.80(f) and 10 CFR Part 20 Appendix G

of records,
reports, and
transfers

Total

4

5,316

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Table 3
Annual Third-Party Disclosure Requirements Under 10 CFR 61
Section

Description

61.30(a)(3)

Records

No. of
Respondents

Responses
per
Respondent

Total
Responses

Burden
Hours per
Response

Total
Annual
Burden
(Hrs)
$279/hr

0

0

0

4.5

0

0

0

0

5.5

0

0

0

0

5.5

0

transfer to
disposal site
owner

61.31(c)(3)

Records
transfer to
disposal site
owner and
NRC

60.80(e)

Maintenance
of records,
reports, and
transfers

Total

0

0

0

NOTE: The four respondents indicated are Agreement State licensees (SC, WA, TX, and UT).
The NRC has no existing disposal facility licensees, and no NRC applications are expected in
the next three years. Also, the NRC does not anticipate any of these facilities transferring or
terminating their licenses in the next three years.
Total Overall Responses = 16 (12 responses for reporting + 4 recordkeepers)
Total Burden Hours = 5,372 (56 reporting + 5,316 recordkeeping)
Total Cost to Respondents = $1,498,788 (5,372 burden hours x $279/hr)

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10 CFR Part 61 - Appendix A:
JustificationSection 61.3(b) requires that an application be filed, and license be obtained
before commencement of construction of a land disposal facility.
The information submitted in the application pursuant to this section and other
sections described below is reviewed by various NRC organizational units. The
NRC review determines the adequacy of the applicant's disposal facility,
equipment, organization, training, experience, procedures, and plans relative to
the NRC’s goals of protecting the public health and safety, common defense and
security, and the environment. The NRC’s review and findings will form the basis
for NRC’s decisions concerning the issuance, modification, or revocation of
licenses for land disposal of radioactive waste.
Section 61.6 provides that the Commission may, upon application by any
interested person, or upon its own initiative, grant any exemption from the
requirements of the regulations as it determines is authorized by law, will not
endanger life or property or the common defense and security, and is otherwise
in the public interest.
Section 61.9a (b) requires that an applicant or licensee notify the Commission of
information which the licensee recognizes as having significant implications for
the public health and safety or the common defense and security. This
requirement applies only to information which is not covered by other reporting or
updating requirements. The information must be provided within two working
days.
This requirement is necessary because there may be some circumstances in
which a licensee possesses some information which could be important to the
protection of public health and safety or the common defense and security, but
which is not otherwise required to be reported. The codification of this full
disclosure requirement should not result in significant additional burdens on
applicants or licensees. No formal program is required. What is expected is that
licensees will maintain a professional attitude toward safety and that if some
potential safety information is identified by the licensee, the information will be
provided freely and promptly to the NRC so that the agency can evaluate it and
act on it if necessary.
Section 61.10 requires that an application contain information as set forth in
Sections 61.11 through 61.16 and indicates that an environmental report in
accordance with 10 CFR Part 51 must also accompany the application.
Section 61.11 outlines general information needed to clearly identify the
applicant, to describe the applicant's qualifications, and to provide an overview of
the proposed disposal facility and disposal activities. This information is used to
determine the appropriate responsible parties, and to understand the scope of
the proposed activities.

9

Section 61.12 specifies that the information required to be submitted concerning
the disposal site, includes: (a) natural and demographic site characteristics; (b)
design features of the land disposal facility and the disposal units; (c) principal
design criteria and their relationship to the performance objectives; (d) design
basis natural events or phenomena and their relationship to the principal design
criteria; (e) codes and standards applied to the design and which will apply to
construction of the facilities; (f) construction and operation of the facility; (g) site
closure plan; (h) natural resources at the site that could attract exploitation; (i)
radioactive material to be disposed of; (j) quality control program for design,
construction, operation and closure; (k) radiation safety program for control and
monitoring of radioactive effluents; (l) environmental monitoring program and
plan for corrective measures; (m) administrative procedures to be applied to
control activities at the land disposal facility; and (n) a description of the land
disposal facility electronic recordkeeping system. This information is needed to
permit NRC to determine that the performance objectives of Subpart C of
10 CFR Part 61 and the technical requirements of Subpart D will be met.
Section 61.13 specifies additional technical analyses that must be submitted,
including: (a) protection of the general public from releases of radioactive
material by various pathways; (b) protection of individuals from inadvertent
intrusion; (c) protection of individuals during operations; and (d) natural
processes, such as erosion, settlement of wastes, and drainage, that affect the
need for ongoing active maintenance after closure. This information is also
required to determine that the performance objectives of Subpart C will be met.
Section 61.14 specifies the information required to be provided by the site land
owner or potential land owner to enable the Commission to determine whether
adequate institutional arrangements have been made for long-term care of the
disposal site.
Section 61.15 requires the submission of financial information sufficient to
demonstrate that the financial qualifications of the applicant are adequate to
carry out the activities for which the license is sought and meet other financial
assurance requirements specified in Subpart E of 10 CFR Part 61. This
information is needed for NRC to determine that there will be sufficient funds to
safely carry out disposal and long-term care of the disposal facility.
Section 61.16 specifies information concerning physical security measures, and
safety information, including criticality that may be required with regard to special
nuclear material. This section primarily reflects existing requirements in other
parts of the Commission's regulations concerning special nuclear material, and is
needed since Part 70 licenses are no longer issued waste disposal licenses. The
information is reviewed by the NRC staff to ensure safety, security, and
accountability of special nuclear material.
Section 61.20 requires that an application for a license under this part, and any
amendments, must be signed by the applicant or the applicant's authorized
representative under oath or affirmation, and, if the document is in paper form,
must be the signed original. Applicants are required to maintain the capability to
generate additional copies of the application for distribution in accordance with
instructions from the NRC.
10

Section 61.22(b) requires the applicant to supplement or update their application
as necessary prior to issuance of a license. This requirement is needed to
ensure that the Commission receives the most up-to-date information concerning
the proposed activities including any new information regarding the proposed
activities.
Section 61.24(b) provides that NRC may require further statements before
termination of the license to enable NRC to determine whether or not a license
should be modified or revoked. Such additional information is sometimes
needed to rectify deficiencies in proposed or existing programs for protection of
the public health and safety, the common defense and security, or the
environment.
The additional information submitted is reviewed by various NRC organizational
units to assess the adequacy of the applicant's disposal facility, procedures and
plans to protect the public health and safety, common defense and security, and
the environment. The NRC’s review and findings will form the basis for NRC’s
decisions concerning the modification, suspension or revocation of licenses.
Section 61.24(k) requires that a licensee immediately notify the appropriate NRC
Regional Administrator in writing following the filing of a bankruptcy petition by or
against the licensee or a controlling or affiliate entity. No action is required of a
licensee unless, and until, a petition for bankruptcy is filed.
This information is needed because a licensee who is experiencing severe
economic hardship may not be capable of carrying out licensed activities in a
manner which protects public health and safety, common defense and security,
and the environment. In particular, a licensee involved in bankruptcy
proceedings can have problems paying for the proper handling of radioactive
material, decontamination, and decommissioning of the facility in a safe manner.
Improper materials handling or decontamination activities can lead to the spread
of contamination throughout a licensee's facility and the potential for dispersion of
contaminated material offsite. Financial difficulties can also result in problems
affecting the licensee's waste disposal activities.
The information provided by the notification would be used by the staff to initiate
a need for prompt NRC response or regulatory action in the event of a potential
hazard to public health and safety, common defense and security, and the
environment posed by a licensee, who does not have the resources to properly
secure licensed material or clean up possible contamination. In addition, prompt
notification would allow the Commission to take timely and appropriate action in a
bankruptcy proceeding to seek to have available assets of the licensee applied to
cover the cost of cleanup before funds are disbursed and become unavailable.
Section 61.26 requires that an application for an amendment of a license be filed
in accordance with Section 61.20 and must fully describe the changes desired.
This information is reviewed by the NRC staff to ensure that the desired
amendments will provide adequate protection of the public health and safety, the
common defense and security, and the environment.

11

Section 61.27 requires that an application for renewal or site closure must be
filed in accordance with Sections 61.10 through 61.16, 61.20, and 61.28. This
information is reviewed by the NRC staff to ensure protection of public health and
safety, the common defense and security, and the environment.
Section 61.28 specifies the information required in an application for site closure
following disposal operations. The information will be reviewed by the NRC staff
to determine whether there is reasonable assurance that the long-term
performance objectives of Subpart C of 10 CFR Part 61 will be met.
Section 61.30 specifies that the licensee may apply for an amendment to transfer
the license to the site owner. The application will be reviewed by the NRC staff
in order to make necessary findings to ensure that the license for the site can be
safely transferred from the site operator to the site owner. The site owner
provides licensed institutional control and care of the site.
Section 61.30(a)(3) requires the licensee to transfer any funds for care and
records required by Sections 61.80(e) and (f) to the disposal site owner upon
transfer of the license to the disposal site owner. This transfer of funds and
records is necessary to ensure that adequate funding and information will be
available to maintain the disposal site.
Section 61.31 specifies that, following the period of institutional control, the
licensee may apply for an amendment to terminate the license. The application
will be reviewed by the NRC staff in order to make necessary findings that
institutional control requirements have been met, that any additional
requirements resulting from new information developed during the institutional
control period have been met, and that permanent monuments or markers
warning against intrusion have been installed.
Section 61.31(c)(3) requires the licensee to send the records required by
Sections 61.80(e) and (f) to the party responsible for institutional control of the
disposal site and a copy to the NRC Regional Office immediately prior to license
termination. Forwarding site records is necessary to ensure that adequate
information will be available to maintain the disposal site after it has been closed.
Section 61.53 requires the licensee to maintain an environmental monitoring
system to plan for taking corrective measures if migration of radionuclides would
indicate that the performance objectives of Subpart C may not be met. In
addition, during site construction and operation, the licensee must maintain a
monitoring program and keep records of measurements and observations to
provide data for evaluation of potential health and environmental impacts. The
information submitted will be reviewed by the NRC staff to determine whether the
disposal method will provide adequate protection of the public health and safety
and the environment.
Section 61.55(a)(2)(iv) specifies that a licensee may submit a proposal for
disposal, pursuant to Section 61.58, of waste greater than Class C. This
requirement is needed to allow licensees the flexibility of safely disposing of
waste that does not fit into existing categories. The information submitted will be
reviewed by the NRC staff to determine whether the proposed waste form and
12

disposal method will provide adequate level of protection of the public health and
safety and the environment.
Section 61.58 provides that the Commission may, upon request or on its own
initiative, authorize other provisions for the classification and characteristics of
waste. Requests under this section are examined by the staff to determine
whether, after evaluation of the specific characteristics of the waste, disposal
site, and method of disposal, that there is reasonable assurance of compliance
with the performance objectives of Subpart C of 10 CFR Part 61.
Section 61.61 requires each applicant to show that its financial position is such
that the estimated costs of conducting all licensed activities can be met. This is
needed to help ensure that the facility will be constructed, operated, and closed
according to the license.
Section 61.62 requires the applicant to provide assurance that sufficient funds,
including sureties, will be available to carry out orderly disposal site closure and
stabilization. This information will be reviewed by the NRC staff to ensure that
sufficient funds are available for completion of the closure plan, including
contingencies to ensure adequate closure in the event of licensee financial
problems or early closure.
Section 61.63 requires the applicant to provide a copy of a binding arrangement
(and any subsequent changes) between the applicant and the disposal site
owner that ensures that sufficient funds will be available to cover the costs of
monitoring and any required maintenance during the institutional control period.
This is necessary to ensure that sufficient funds are available for post-closure
activities.
Section 61.72 allows a State or Tribal governing body whose interest is affected
by a near-surface disposal facility to submit a formal proposal for participation in
the review of a license application. This information is necessary in order to
provide a State or Tribal body greater input during the licensing process.
Section 61.80(e) requires that the licensee record the location and the quantity of
radioactive wastes contained in the disposal site and transfer these records upon
license termination to the chief executive of the nearest municipality, the chief
executive of the county in which the facility is located, the county zoning board or
land development and planning agency, the State governor and other State,
local, and Federal governmental agencies as designated by the Commission at
the time of license termination.
Section 61.80(f) requires that the licensee keep records on the waste received
for disposal, including date received, a traceable shipment manifest number, a
description of any engineered barrier or structural over pack, the volume of
pallets or bracing disposed of with the waste, the location in the disposal site,
condition of the waste package as received, any discrepancies between the
manifest and the waste actually received, and any evidence of leaking or
damaged packages or radiation or contamination levels in excess of regulatory
limits. The licensee must also describe any repackaging operations and provide
13

any other information that may be required by license condition. This information
will be used to help generate inventory data and data on the condition of the
waste for estimating source terms and identifying problem shippers who need to
improve their programs for preparing waste for shipment. The data will be used
by the NRC staff to evaluate the licensee’s waste handling procedures. This
evaluation will ensure that the licensee’s operating procedures are adequate to
protect workers handling waste in the condition in which it actually arrives, not
just as it is expected to arrive. It also permits determination of waste handling
times between waste receipt and disposal (potential worker exposures), and
permits accurate tracing of the location of waste within the disposal site for safety
purposes.
Sections 61.80(g) and (j) provide that the licensees must comply with specified
safeguards reporting requirements contained in 10 CFR Parts 30, 40, 70, and 74
of the Commission's regulations. Information submitted pursuant to these
requirements is needed for the NRC to carry out its statutory responsibility to
protect the common defense and security and to permit NRC to take any
necessary action in response to a criticality accident or loss or theft of nuclear
material.
Section 61.80(h) requires licensee to file an annual financial report to the NRC.
The stability and financial soundness of disposal site operators is important to
prevent abandonment of the sites or inability to carry out disposal in accordance
with approved procedures because of shortage of funds. The financial
information will be reviewed by the NRC staff for early warning of the possible
development of such problems.
Section 61.80(i) requires licensee to submit an original and two copies of an
annual report on site activities. This information includes summaries of
environmental releases, environmental monitoring data, waste that has been
disposed of, maintenance activities, and any new data on the site. Such
summary data is needed to help the Commission monitor the continuing validity
of the initial findings on which the license was issued.
Section 61.80(k) provides that the licensee must comply with specified provisions
of 10 CFR Parts 30, 40, and 70 for any transfer by the licensee of byproduct,
source, or special nuclear material. This information ensures proper accounting
of materials relative to adequate protection of the public health, safety and the
environment.
Section 61.80(l) requires the low-level waste facility operator to store manifest
and other information pertaining to receipt and disposal of LLW in an electronic
recordkeeping system. In addition, the operator must report pertinent manifest
information to the NRC on a computer-readable medium. Because thousands of
manifest documents will be used annually, submittal of necessary documentation
in a medium other than the electronic system would be an inefficient use of
licensee and NRC resources. Requiring that the data be stored electronically
also ensures that the licensee is using the same database as that submitted to
the NRC, thus reducing potential duplication and error. All current operators use

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electronic recordkeeping. This information ensures proper accounting of
materials relative to adequate protection of the public health, safety and the
environment.

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