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DIRECTIVE NUMBER: 9480.00-14
Combined NRC-EPA Siting Guidelines for
Disposal of Cotmercial Mixed Low-Level
Radioactive and Hazardous Waste
APPROVAL DATE: 06/29/87
EFFECTIVE DATE: 06/29/87
ORIGINATING OFFICE: office of solid waste
S FINAL
D DRAFT
STATUS
[ 1
A- Pending OMB approval
Pending AA-OSWER approval
For review &/or comment
In development or circulating
REFERENCE (other documents): headquarters
DIRECTIVE DIRECTIVE L
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“ EFI6 United
OSWER Dir
States nv:ronmental Protection Agency
ective Initiation Request
1 Dire e Number
9480.00-14
2. OrigInator Information
Nari e of Contact Person
Betty Shackleford
Mail Code Office
WH-563B OSW/PSPD
Telephone Code
(202) 475-9656
3 Title
Ccztibin&1 NIC-EPA Siting
Lw-Level Radioactive
Guidelines for Disposal of Catrrercial Mixed
and Hazardous Waste
4 Summary of Directive (include bnef statement
of purpose)
The Directive outlines NIC-EPA conbined siting guidelines for mixed lc-
level waste disposal and provides Agency contacts to aid affected parties
in developing siting plans.
5 Keywords
Mixed lcx. -level was
te; siting guidelines
6a Does This Directive Supersede Previous Directive(s)”
No Yes What direclive (number, title)
b Does It Supplement Previous Directive(s)”
No Yes What directive (number, title)
7 Draft Level
A — Signed by AA/DAA B
— Signed by Office Director C — For Review & Comment D — In Development
8. Document to be distri
buted to States by Headquarters? Yes No
This Request Meets OSWER Directives Syi te
m Format Standards.
9 Signature of Lead Office Directives Coordtnalor
Date
kt
10 Name and Title f Approving Official
O &)
07/07/87
Date
J. Winston Porter, As
sistant Administrator, OSWER
06/29/87
EPA Form 1315-17 (Rev. 5—87) Previous editions are obsolete
OSWER
DIRECTIVE
OSWER
DIRECTIVE
OSWER
0
VE
DIRECTIVE
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OSWER DIRECTIVE 9480.00—14
EO S1 4 )
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D C 20460
+1 4 pq01
JW 2 9 1987
MEMORAN DUM
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
SUBJECT: Jointly Developed NRC—EPA Siting Guidelines for Disposal
of Lo, 7 vel Radioactive and Hazardous Waste
FROM: J. nston Porter
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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OSWER DIRECTIVE 9480.00—14
i4 R I 3 I T
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
comercial low—level radioactive waste (LLW). The penalties are aulte 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)(1)(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 fac’ility
location and preparing a license application. Among other things, Section
5(e)(1)(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), ...“
rhis letter serves four purposes:
(1) to Inform states and compacts that, under 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 LIW); (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 comitted to providing guidance to states and
compacts who request help in their efforts to meet the January 1988 LLRWPA.A
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 arty 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 DIRECTIVE 9480.00—14
-2—
can be disposed of in accordance with the above statutes and NRC and EPA
regulations.
In 1982, the NRC promulgated regulations containing minimum site suitability
requirements for LLW land disposal facilities under 10 CFR Part 61. In 1981,
EPA promulgated minimum location standards for hazardous waste treatment,
storage, and disposal facilities in 40 CFR Part 264. Section 3004(o)(7) of
RCRA, which was added by the Hazardous and Solid Waste Amendments of 1984
(HSWA), requires EPA to publish guidance identifying areas of vulnerable
hydrogeology; this guidance was completed and Issued in July 1986. Section
3004(o)(7) of RCRA also requires EPA to specify criteria for the acceptable
location of new and existing hazardous waste treatment, storage, and disposal
facilities as necessary to protect human health and the environment. EPA
anticipates proposing these location standards in September 1987 and
promulgating them by September 1988. This schedule provides affected states
and compacts with a preview of the final standards and an opportunity to
comment on the standards before promulgation.
Because of uncertainty about the precise content of EPA’s future location
standards, states and compacts may have questions regarding the site selection
process. Both NRC and EPA are coninitted to providing guidance to states and
compacts who request help in developing their siting plans by the January 1,
1988 deadline. Technical questions pertaining to siting a disposal facility
for Mixed LLW should be submitted in writing to either the NRC or EPA contacts
listed below) as appropriate.
For questions about the LLRWPAA For questions relating to
siting deadline or NRC’s site EPA’s location standards
suitability requirements, contact: contact:
Dr. Sher Bahadur Mr. Burnell Vincent
Division of Waste Management Waste Management Division
Mall Stop 623—SS Mail Code WH-565
U.S. Nuclear Regulatory Commission U.S. Environmental Protection
Washington, D.C. 20555 Agency
Washington, D.C. 20460
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OSWER DLR CT1VE 9480.00—14
-3-
In sumary, if states and cowpacts 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,
ompson,
- of Nuclear MateI(al
Safety and Safeguards
U.S. Nuclear Pegulatory Comission
I i
2 7t::- -&
J. Winston Porter
Assistant dministrator
Office of Solid Waste
and Emergency Response
U.S. Environmental Protection Agency
Enclosure:
As stated
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OSWER DIRECTIVE 9480.00—14
1
COMBINED NRC-EPA SITING GUIDELINES FOR DISPOSAL OF COMMERCIAL
MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTES
Introduction
The Low—Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA)
requires states and compacts to develop siting plans for low-level radioactive
waste (LLW) disposal facilities by January 1, 1988. These disposal facilities
may receive coninercial mixed low-level radioactive and hazardous waste (Mixed
LLW), which Is regulated by the U. S. Nuclear Regulatory Connlssion (NRC) under
the Atomic Energy Act (AEA), as amended, and by the U. S. Environmental
Protection Agency (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 Subpart D of 40 CFR Part 261 or causes the LLW to exhibit any of the
hazardous waste characteristics identified in Subpart C of 40 CFR Part 261. To
assist in applying that definition, NRC and EPA recently developed joint
guidance entitled “Guidance on the Definition and Identification of Comercial
Mixed Low-Level Radioactive and Hazardcus Waste and Answers to Anticipated
Questions” (Jan. 8, 1987). NRC has promulgated LLW regulations and EPA has
promulgated hazardous waste regulations that pertain to the siting requirements
for disposal facilities for Mixed LLW. Because of uncertainty about the
precise content of EPA’s future location standards, states and compacts may
have questions regarding the site selection process. This document provides
combined NRC—EPA siting guidelines, to be used before EPA’s new locaticn
standards are promulgated, to facilitate development of siting plans for
disposal facilities that may receive Mixed LLW.
Section 5(e)(1)(B) of the LLRWPAA requires states and compacts to develop
siting plans fnr LLW disposal facilities by January 1, 1988. In addition to
other information, these siting plans must idc rtify, to the extent practicable,
the process for (1) screening for bread siting areas, (2) identifying and
evaluating specific candidate sites, and (3) characterizing the preferred
site(s). It is anticipated that this process will be based primarily on the
site suitability requirements that apply to LLW disposal. If tacilities also
receive Mixed LLW, their siting requirements will refh. ct additional
requirements that apply to disposal of hazardous waste as defined by RCRA.
In 1982, NRC promulgated regulations which contain minimum site suitability
requirements for LLW land disposal facilities in 10 CFR 61.50. EPA has also
promulgated minimum location standards fur hazardous waste treatment, storage,
and disposal facilities in 40 CFR 264.18. Considerations affecting siting are
also found in 40 CFR 270.3, 270.14(b) and (c). Although both NRC and EPA have
incorporated siting requirements in existing regulations for LLW and hazardous
waste disposal, respectively, the 1984 Hazardous and Solid Waste Amendments
(HSWA) to RCRA require EPA to publish guidance identifying areas of vulnerable
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OSWER DIRECTIVE 9480.00—14
2
hydrogeology. In July 1986, EPA published this guidance in “Criteria for
Identifying Areas of Vulnerable Hydrogeology under the Resource Conservation
and Recovery Act——Statutory Interpretative Guidance, July 1986, Interim Final
(PB-86-224953).” The 1984 HSWA also requires (in Section 3004(o)(7)) that EPA
specify criteria for the acceptable location of new and existing hazardous
waste treatment, storage, and disposal facilities. EPA anticipates proposing
these location standards in September 1987 and promulgating them in final form
by September 1988.
EPA’s scheduled date for promulgating its final location standards is nine
months after the LLRWPAA January 1, 1988, milestone for non—sited states and
compacts to develop siting plans. Therefore, states and compacts may require
some 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 facilities 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 plans in
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 on existing NRC regulaticns 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 for land 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
sites. Several of these requirements identify favorable site characteristics
for near-surface disposal facilities fcr 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
suitebility requirements in 10 CFR Part 61 are intended to function
collectively with the requirements for f?cility design and operation, site
closure, waste classification and segregation, waste form and packaging, anci
institutional controls to assure isolation of LLW for the duration of the
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 9480.00—14
3
40 CFR Section 264.18. As previously noted, the hazardous waste regulations
also include other location considerations as well as applicable provisions of
other Federal 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 Se,
this requirement can preclude siting in locations that cannot be adequately
monitored or characterized. A further description of location—related
standards and applicable provisions of other Federal statutes can be found in
the “Permit Writers’ Guidance Manual for Hazardous Waste Land Storage and
Disposal Facilities: Phase I Criteria for Location Acceptability and Existing
Applicable Regulations” (Final Draft - February 1985). This guidance manual
describes five criteria for determining location acceptability: 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
mentioned above (Criteria for Identifying Areas of Vulnerable Hydrogeology
under the Resource Conservation and Recovery Act-—Statutory Interpretive
Guidance, July 1966, Interim Final (PB-86—224953)).
However, since HSWA also added other requirements in addition to location
standards to prevent or mitigate ground-water contamination, EPA recognizes
that vulnerable hydrogeclogy must be considered in conjunction with design and
operating practices. Vulnerability should not be the sole determining factor
in RCRA sitina decisions. Rather, this criterion provides a trigger for more
detailed evaluatiGn of sites that are identified as having potentially
vulnfrrable hydrogeology. The extent of necessary site review and evaluation is
related directly to the extent to which a location “fails’ or “passes” the
vulnerability criterion. Sites that are determined to be extremely vulnerable
will require much closer examination than sites that are deemed non—vulnerable.
The results of this more detailed review may then provide a basis for eventual
permit conditions or modifications in design or operating practices.
By combining the above technical requirements, standards, and guidance of both
agencies, NRC and EPA have forr ulated the eleven guidelines listea below. The
use of terms in the guidelines is consistent with their regulatory definitions
in 10 CFR Part 61 and 40 CFR Parts 260 and 264. The combined set of location
guidelines is intended by the agencies to apply only as guidance to states and
compacts developing siting plans for LLW disposal facilities that may receive
Mixed LLW. These combined guidelines are not intended to displace existing
standards and guidance. In addition, the independent guidance of both agencies
should be considered in any application of the combined siting ouidelines.
The coirbined siting guidelines for a coiri ercial Mixed LLW disposal facility are
as follows:
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OSWER DIRECTIVE 9480.00—14
4
1. Primary emphasis in disposal site suitability should be given to
isolation of wastes and to disposal site features that ensure that the
long—term performance objectives of 10 CFR Part 61, Subpart C are met.
2. The disposal site shall be capable of being characterized, modeled,
analyzed, and monitored. At a minimum, site characterization must be able
to (a) delineate ground-water flow paths, (b) estimate ground-water flow
velocities, and (c) determine geotechnical properties sufficiently to
support facility design. At a minimum for site ground-water monitoring,
disposal site operators must be able to (a) assess the rate and direction
of ground-water flow in the uppermost aquifer, (b) determine background
ground-water quality, and (c) promptly detect ground—water contamination.
3. The disposal site must be generally well—drained (with respect to
surface water) and free of areas of flooding or frequent ponding.
4. The disposal site shall not be in the 100—year floodplain.
5. The site must be located so that upstream drainage areas are minimized
to decrease the amount of runoff that could erode or inundate waste
disposal units.
6. Disposal sites may not be located on lands specified in 10 CFR Section
61.50(a)(5), including wetlands (Clean Water Act) and coastal high hazard
areas (Coastal Zone Management Act). Location of facilities on the
following lands must be consistent with requirements of applicable Federal
statutes: archeological and historic places (National Historic Places
Act); endangered or threatened habitats (Endangered Species Act); national
parks, monuments, and scenic rivers (Wild and Scenic Rivers Act);
wilderness areas (Wilderness Protection Act); and wildlife refuges
(National Wildlife Refuge System Administration Act).
7. The disposal site should proviae a stable foundation for engineered
containment structures.
8. Disposal sites must not be locatea in areas where:
(a) tectonic processes such as faulting, folding, seismic activity, or
vulcanism may occur with such frequency and extent to affect significantly
the ability of the disposal facility to satisfy the performance objectives
specified in Subpart C of 10 CFR Part 61, or nay preclude defensible
modeling and prediction of long—term impacts; in particular, sites must be
located more than 200 feet from a fault that has been active during the
Holocene Epoch;
(b) surface geologic processes such as mass wasting, erosion, slumping,
landsliding, or weathering occur with such frequency and extent to affect
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OSWER DIRECTIVE 9480.00—14
5
significantly the ability of the disposal facility to meet the performance
objectives in Subpart C of 10 CFR Part 61, or may preclude defensible
modeling and prediction of long-term impacts;
(c) natural resources exist that, if exploited, would result in failure to
meet the performance objectives in Subpart C of 10 CFR Part 61;
(d) projected population growth and future developments within the region
or state where the facility is to be located are likely to affect the
ability of the disposal facility to meet the performance objectives in
Subpart C of 10 CFR Part 61; and
(e) nearby facilities or activities could adversely impact the disposal
facility’s ability to satisfy the performance objectives in Subpart C of
10 CFR Part 61 or cculd 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 general, areas with highly vulnerable hydrogeology deserve special
attention in the siting process. Hydrogeology is considered vulnerable
when ground-water travel time along any 100—foot flow path from the edge
of the engineered containment structure is less than approximately 100
years (Criteria for Identifying Areas of Vulnerable Hydrogeology Under
RCRA-—Statutory Interpretive Guidance, July 1986, Interim Final
(PB-86-224953)). Disposal sites located in areas of vulnerable
hydroqeology may require extensive, site-specific investigations which
could lead to and provide bases for restrictions or modifications to
design or operating practices. However, a finding that a site is located
in an area of vulnerable hydrogeology alone, based on the EPA criteria, is
not considered sufficient to prohibit siting under RCRA.
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,to s i
IL egO
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D C 20460
NOTE TO: Win Porter
6/18/8 7
OFFICE OF
SOLID WASTE AND EMEPGENCY SPONSE
Attached is the cover memo for the siting guidelines for
mixed waste disposal that will incorporate the guidelines into
the OSWER Directive System. As you know, we developed the
guidelines in conjunction with NRC and as you agreed, we offer
technical assistance to compacts and States in developing siting
plans by the 1988 LLRWPAA deadline. Considering the regional
workload, I anticipate there may be an outcry because of this
potential additional drain on already overtaxed resources.
Nevertheless, I believe it is critical that we follow—through
with this commitment to ensure that the absence of EPA’s final
siting guidelines cannot be used as an excuse by the States for
not meeting established siting milestones.
Therefore, I recommend you sign the attached memo as written.
Attachment
Je f f
cc: David Bussard
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