OSWER DIRECTIVE 9480.00-14
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
JUN 291987
MEMORANDUM o-B,ce OF
SOLiO WASTE AND EMERGENCY RESPONSE
SUBJECT: Jointly Developed NRC-EPA Siting Guidelines for Disposal
of Mixed Low-^ie^el "Radioactive and Hazardous Waste'
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f 4t-l y^*9"1"
FROM: J. Wrhsto-n-'Perte-r
Assistant Administrator
TO: Waste Management Division Directors
Regions I-X
Attached are the Combined NRC-EPA Siting Guidelines for Disposal
of Mixed Low-Level Radioactive and Hazardous Waste. This document
represents the second in a series of documents that are being
jointly developed with NRC to address issues germane to regulation
of commercial low-level mixed waste.
The combined siting guidelines are a compilation of NRC/EPA
technical requirements for siting low-level waste disposal facilities
that will also accept mixed low-level waste. They are intended to
aid non-compact member States and compacts in developing siting
plans for low-level waste disposal facilities by January 1988 as
required by the Low-Level Radioactive Waste Policy Act Amendments
of 1985 (LLRWPAA). The guidelines provide minimum siting require-
ments based on existing regulations and guidance. EPA and NRC are
committed to assisting States and compacts in developing siting
plans by the January 1988 milestone. Affected parties may contact
either EPA or NRC as appropriate if help is needed in interpreting
or applying the respective technical requirements.
EPA and NRC considered this guidance necessary because EPA's
final location standards will not be promulgated until after the
January 1988 deadline for the development of siting plans. We
wanted to notify States and compacts that the absence of the final
location standards would not be justification for failing to meet
the 1988 milestone established in the LLRWPAA.
If you have any questions, please contact Betty Shackleford,
OSW Mixed Waste Project Manager, on (202) 475-9656.
Attachment
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ObWER DIRECTIVE 9480.0U-14
MAR I 3 !9ST
TO THE STATES AND COMPACT REGIONS:
SUBJECT: COMBINED NRC-EPA SITING GUIDELINES FOR DISPOSAL OF MIXED LOW-LEVEL
RADIOACTIVE AND HAZARDOUS WASTE
As you are aware, the Low-Level Radioactive Waste Policy Amendments Act of 1985
(LLRWPAA) established milestones (and penalties for not meeting these
milestones) to ensure adequate development of future disposal capacity for
conroercial low-level radioactive waste (LLW). The penalties are quite severe
and the deadlines do not leave much room for slippage.
We would like to call to your attention the January 1, 1988 milestone (Section
5(e)(l)(B)) which requires that each non-sited compact or non-member state
develop a siting plan for a LLW disposal facility. These siting plans must
include detailed procedures and a schedule for establishing a disposal facility
location and preparing a license application. Among other things, Section
5{e)(l)(B)(iii) provides that the siting plan shall:
"... Identify, to the extent practicable, the process for (1) screening
for broad siting areas; (2) identifying and evaluating specific candidate
sites; and (3) characterizing the preferred site(s), ..."
This letter, serves four purposes:
(1) to inform states and compacts that, und*r current Federal law, the U.S.
Nuclear Regulatory Commission (NRC) and the U.S. Environmental Protection
Agency (EPA) have dual jurisdiction over mixed low-level radioactive and
hazardous waste (Mixed LLW); (2) to state that both NRC and EPA do not consider
the absence of EPA's final comprehensive location standards to be justification
for states and compacts to not meet their obligations under the LLRWPAA; (3) to
convey that both NRC and EPA are committed to providing guidance to states and
compacts who request help in their efforts to meet the January 1988 LLRWPAA
milestone for siting plans; and (4) to jointly transmit the NRC-EPA combined
siting guidelines for Mixed LLW (enclosed).
Dual statutory authority exists for Mixed LLW, which is regulated by the NRC
under the Atomic Energy Act (AEA), as amended, and by EPA under the Resource
Conservation and Recovery Act (RCRA), as amended. Mixed LLW is defined as
waste that satisfies the definition of LLW in the LLRWPAA and contains
hazardous waste that either is listed in 40 CFR Part 261 Subpart D or causes
the LLW to exhibit any of the hazardous waste characteristics identified in 40
CFR Part 261 Subpart C. Both the NRC and EPA staffs consider that Mixed LLW
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OSWER ulKclCrivt, ?4d0.uu-i4
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can be disposed of 1n accordance wjith the above statutes and NRC and EPA
regulations.
I, 1982. the NRC
l^atlon of new ^d existing hazardous waste treatment, storage, and disposal
facilities accessary to protect human health and the environment. EPA
comment on the standards before promulgation.
listed below, as appropriate.
For questions about the LLRWPAA
siting deadline or NRC's site
suitability requirements, contact
For questions relating to
EPA's location standards
contact:
Dr. Sher Bahadur
Division of Waste Management
Mall Stop 623-SS
U.S. Nuclear Regulatory Commission
Washington, D.C. 20555
Mr. Burnell Vincent
Waste Management Division
Mail Code UH-565
U.S. Environmental Protection
Agency
Washington, D.C. 20460
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Tn summary, if states and compacts observe the enclosed NRC-EPA combined siting
guidelines and keep abreast of the developing EPA location standards, the
absence of final RCRA location standards should not prevent states and compacts
from meeting their obligations under the LLRWPAA.
Sincerely,
Thompson,
of Nuclear MateKal
Safety and Safeguards
U.S. Nuclear Regulatory Commission
J. Winston Porter
Assistant Administrator
Office of Solid Waste
and Emergency Response
U.S. Environmental Protection Agency
Enclosu- :
As stated
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OSWER DIRECTIVE 9480.00-14
rnMRTNED NRC-EPA SITING GUIDELINES FOR DISPOSAL OF COMMERCIAL
C° LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTES
Introduction
The Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA)
,
s ^
for iposal facilities for Mixed LLW. Because of lawrUtrty *»****m
nreeise content of EPA's future location standards, states and compacts may
Save wtsttra regarding the site selection process. This document provides
combined NRC-EPA li ting guidelines, to be used before EPA s new location
standards are promulgated, to facilitate development of siting plans for
disposal facilities that may receive Mixed LLW.
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evIlSatfng specific cfndidatl sites, and (3) characterizing ^preferred
site(s). It is anticipated that this process will be based pnmar ly on the
JlS suitability requirements that apply to LLW disposal. "Jollities also
receive Mixed LLW, their siting requirements will reflect additional
that apply to disposal of hazardous waste as defined by RCRA.
or^
mi nimuni location standards for hazardous vaste treatment, storage,
facllitifes In 40 CFR 264.18. Considerations affecting siting are
40 CFR 270 3 270 14(b) and (c). Although both NRC and EPA have
stJin^requ^ements in existingVegulatlons for LLW and hazardous
s
cororae snrequ
ias?e disposal . refpeciively, the 1984 Hazardous and Solid Waste Amendments
TSsWA) to RCRA require EPA to publish guidance identifying areas of vulnerable
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OSWER DIRECTIVE 9430.UU-14
hvdroqeology. In July 1986, EPA published this guidance in "Criteria for
IdentifyingAreas of Vulnerable Hydrogeology under the Resource Conservation
and Recovery Act-Statutory Interpretative Guidance, July 1986, Interim Final
(?B-86"24953)" The 1984 HSWA also requires (in Section 3004(o)(7)) that EPA
^PB *!, criter a for the acceptable location of new and existing hazardous
treatment storage, and disposal facilities. EPA anticipates proposing
„.__. Season stinda?d^1^Septe4er-l9&7-and pronmlgating them in final form
by September 1988.
EPA's scheduled date for promulgating its final location standards is nine
EPA s scneaui^ea^WpAA SanuarJ i, 1988, milestone for non-sited states and
compacts to develop siting plans.
~ . • . • • . f^& .A. .» .
cts to ueve,uH d,u,,,3 p,— , Therefore, states and compacts may require
s assistance in their Efforts to develop siting plans for LLW disposal
facilities that may receive Mixed LLW. The two agencies are issuing these
combined guidelines to promote the development of siting plans by states and
compacts. Both NRC and EPA consider that the absence of EPA's final
comprehensive location standards for.hazardous waste disposal facilit es is not
an adequate basis for. states and compacts to delay development of siting plans
for LLW disposal.
States and compacts should proceed at this time to develop siting plansJn
accordance with the existing NRC and EPA requirements. The following combined
NRC-EPA guidelines are provided for use by the states and compacts, and are
based ^existing NRC regulations in 10 CFR Part 61 and EPA regulations in 40
CFR Parts 264 and 270. As EPA continues its development of location standards,
both agencies will strive to keep!states and compacts informed about the status
of the developing siting requirements.
Combined NRC-EPA Siting Guidelines
Site suitability requirements for1land disposal of LLW are provided in 10 CFR
Section 61.50. These requirements constitute minimum technical requirements
for geologic, hydrologic, and demographic characteristics of LLW disposal
iltesV Siveral of these requirements identify favorable site characteristics
for near-surface disposal facilities for LLW. The majority of the site
suitability requirements, however^ Identify potentially adverse site
characteristics that must not be present at LLW disposal sites. The site
suitability requirements in 10 CFR Part 61 are Intended to function
collectively with the requirement^ for facility design and operation, site
closure, waste classification and segregation, waste form and packaging, ana
institutional controls to assure isolation of LLW for the *|p«i;n.;V?J*«
radiological hazard. The NRC Technical Position entitled "Site Suitability,
Selection, and Characterization" (NUREG-0902) provides detailed guidance on
implementing the site suitability requirements in 10 CFR Part 61.
EPA has also promulgated certain minimum location standards for hazardous waste
treatment, storage, and disposal facilities. These standards are provided in
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OSWER DIRECTIVE 9430.00-14
40 CFR Section 264.18. As previously noted, the hazardous waste regulations
also include other location considerations as well as applicable provisions of
olher Jederal statutes. For example, Subpart F of 40 CFR Part ,264 requires
establishment of ground-water monitoring programs capable of detecting
contamination from land disposal units. While not a siting criterion fier se.
S?s ?eSuirImen"canpreclude, siting, in locations that cannot be adequately
monitored oTcharacterized. A further description of location-related
stamSrds Snd applicable provisions of other Federal statutes can be found in
the "Permit Writers' Guidance Manual for Hazardous Waste Land Storage and
Dilposll Facilities: Phase I Criteria for Location Acceptability and Existing
Applicable Regulations" (Final Draft - February 1985). Th s guidance manual
SesVHbes fivl criteria for determining location acceptab lity: ability to
characterize, exclusion of high hazard and unstable terrain, ability to
monitor? exclusion of protected lands, and identification of areas of
vulnerable hydrogeology. The first four of these criteria have a basis in the
regulations and are fully described in the manual. The fifth criterion,
vulnerable hydrogeology, is defined in the RCRA interpretive guidance manual
mendedabove [Criter a for Identifying Areas of Vulnerable Hydrogeology
Snder the Resource Conservation and Recovery Act-Statutory Interpretive
Guidance, July 1S86, Interim Final (PB-86-224953)).
However, since HSWA also added other requirements in addition to location
standards to prevent or mitigate ground-water contamination, EP* r?,"^.1"*,,
that vulnerable hydroaeclogy must be considered in conjunction with design and
Jplra^nrpraclices. 'Vulnerability should not.be the sole determining factor
iS RCRA siting decisions. Rather, this criterion provides a trigger for more
detailed evaluation of sites that are Identified as having potent!«lty
vulnerable hydrogeology. The extent of necessary site review and evaluation is
related directly to the extent to which a location "fails' or passes the
v^nerabi ity criterion. Sites that are determined to be extremely vu nerab e
wi 1 requiremuch closer examination than sites that are deemed non-vulnerable.
The refSits of this more detailed review may then provide a bas s for eventual
permit conditions or modifications in design or operating practices.
By combining the above technical requirements, star.dards. and guidance of both
agencies, NRC and EPA have formulated the eleven guidelines isteo below. The
use ofterms 1n the guidelines 1s consistent with their regulatory definitions
in 10 CFR^art 61 and 40 CFR Parts 260 and 264. The combined set of location
qJidellnes ^Intended by the agencies to apply only as guidance to states and
Sm^cUdevlloSing siting plan! for LLW disposal facilities that may receive
Mixed LLW. These combined guidelines are not intendeo «? .d1*plf?hSh JiS
standards and guidance. In addition, the independent guidance of both age
should be considered in any application of the combined siting guidelines.
The combined siting guidelines for a commercial Mixed LLW disposal facility are
as follows:
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(JSWER DIRECTIVE 9480.00-14
to
4 The disposal site shall riot be in the 100-year floodplain.
disposal units.
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(National Wild! If i Refuge System Administration Act).
7. The disposal site should provide a stable foundation for engineered
containment structures. |
8. Disposal sites must not[be located in areas where:
Holocene Epoch;
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OSWER
tiv the ability of the disposal facility to meet the performance
ooj^.i... In Subpart C of 10 CFR Part 61. or may preclude defensible
modeling and prediction of long-term impacts;
(c) natural resources exist that, ^fxp1;1^ ^"r^Parl^l- failUr6 t0
meet the performance- objectives- m Subpart- C of 10 CFR Part 61,
(d) projected population growth and future developments within the region
or state where the facility 1s to be located are likely to affect the
ability of tS disposal facility to meet the performance objectives in
Subpart C of 10 CFR Part 61; and
fel nearby facilities or activities could adversely Impact the disposal
faiilltv's ability to satisfy the performance objectives in Subpart C of
IS CFR Part 61 or ccSld significantly mask an environmental monitoring
program.
9. The hydrogeologic unit beneath the site shall not discharge ground
water to the land surface within the disposal site boundaries.
10 The water table must be sufficiently below the disposal facility to
prevent ground-water intrusion Into the waste, with the exception outlined
under 10 CFR Section 61.50(a)(7).
11 In qeneral, areas with highly vulnerable hydrogeology deserve special
attention in ?he siting process. Hycirogeology is considered vulnerable
when ground-water travel time along any 100-foot flow path from the edge
of thfengineered containment structure is less than approximately 100
years (Criteria for Identifying Areas of Vulnerable Hydrogeology Under
ROM-Statutory Interpretive Guidance, July 1986, Interim Final.
(PB-86-224953)). Disposal sites located in areas of vulnerable
hydrogeology may require extensive, site-specific investigations which
could lead to aJd provide bases for ^strict ons or modifications to
design or operating practices. However, a finding that a site is >°«ted
1n an area of vulnerable hydrogeology alone, based on the EPA criteria, is
not considered sufficient to prohibit siting under RCRA.
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