95-17562. Land Ownership Requirements for Low-Level Waste Sites

[Federal Register Volume 60, Number 137 (Tuesday, July 18, 1995)]
[Proposed Rules]
[Page 36744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17562]



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NUCLEAR REGULATORY COMMISSION

10 CFR Part 61

RIN 3150-AE88


Land Ownership Requirements for Low-Level Waste Sites

AGENCY: Nuclear Regulatory Commission.

ACTION: Advance notice of proposed rulemaking; withdrawal.

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SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is 
withdrawing an advance notice of proposed rulemaking that presented a 
possible change to the NRC Federal or State land ownership requirements 
for low-level waste (LLW) facility sites. The Commission has decided 
that a rule change to allow private ownership of a LLW site is not 
warranted or needed. The basis for this decision is that States and 
compacts have generally indicated that they do not need, nor would they 
allow, private ownership, and that this rule change could be 
potentially disruptive to the current LLW program.

FOR FURTHER INFORMATION CONTACT: Mark Haisfield, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone [phone].

SUPPLEMENTARY INFORMATION: On August 3, 1994 (59 FR 39485), the 
Commission published an advance notice of proposed rulemaking (ANPRM) 
to consider amending its regulations to allow private ownership of LLW 
facility sites as an alternative to the current requirement for Federal 
or State ownership. In the ANPRM, the Commission requested information 
on specific questions that dealt with (1) the potential use of this 
alternative, (2) impacts to public health and safety or the 
environment, and (3) liability considerations.
    The 60-day comment period was extended another 60 days at the 
request of the Nuclear Information and Resource Service (October 20, 
1994; 59 FR 52941). The comment period expired on December 2, 1994. The 
Commission received 49 comment letters: 19 commenters were from States, 
compacts, or their representatives; 12 were from public organizations; 
11 were from commercial/industrial organizations or their 
representative; 4 were from individuals; and 1 each were from a Federal 
agency, a national laboratory, and a professional organization. Most of 
the commenters took a definitive position regarding whether to initiate 
a proposed rule. For the most part the commenters, at a ratio of about 
4 to 1, were against developing a generic rule. The Commission prepared 
a detailed summary of the comments received. Copies of the summary are 
available for inspection or copying for a fee from the NRC Public 
Document Room at 2120 L Street NW. (Lower Level), Washington DC; the 
PDR's mailing address is US NRC, Mail Stop LL-6, Washington, DC 20555-
0001; telephone [phone]; fax [phone].
    As noted in the ANPRM, the purpose for making a generic rule change 
would be to facilitate the objectives of the Low-Level Radioactive 
Waste Policy Act of 1980, as amended. Therefore, as noted in the ANPRM, 
the NRC was particularly interested in determining whether Agreement 
States or compacts would use a provision allowing private ownership of 
the land for a LLW facility. The Commission believes that if there did 
not seem to be a significant interest or need for such a provision, 
addressing private ownership issues through appropriate exercise of 
exemption authority would be sufficient.
    The Agreement State and compact commenters generally indicated that 
they would not allow private land ownership, and in many cases, State 
ownership of the land is required by State law or regulation. Of the 19 
comments from States, compacts, or their representatives, only Nebraska 
indicated a desire to actively consider changes permitting private 
ownership. Nebraska and the Cortland County, New York, Low-Level 
Radioactive Waste Office stated that there is not an adequate basis for 
requiring Federal or State land ownership, which therefore would 
support private ownership. The Commission believes there is adequate 
statutory authority for the NRC to require Federal or State land 
ownership. Moreover, because Nebraska is the only additional State 
considering changes permitting private ownership, the Commission 
believes assisting Nebraska on a case-specific basis, if requested and 
appropriate, is preferable to developing a generic rule change.
    Many commenters, including States and compacts, also believe that 
this type of change to 10 CFR part 61 is not only unnecessary but would 
be a significant disruption to the current siting and licensing 
process. As one commenter noted, this would have a negative impact on 
public health and safety because it would affect the timely development 
of new LLW disposal facilities needed to reduce on-site storage at 
thousands of licensee sites throughout the country. The Commission 
believes that these comments have merit. The Commission believes that 
the potential negative impact of disrupting the current process far 
outweighs any potential benefits that might be derived from making a 
generic rule change at this time.
    This change could also generate significant public misunderstanding 
and unwarranted public concern about the potential rollback of other 
LLW disposal requirements. The Idaho National Engineering Laboratory's 
National Low-Level Waste Management Program summarized this issue, 
stating:

    For over three decades the public has been led to believe that 
all LLW disposal sites would necessarily be owned and controlled by 
either a Federal or State government. This, we believe, has been an 
important factor in convincing many proponent groups and State and 
local LLW advisory groups that LLW can and will be disposed of in a 
safe manner. To now try and convince these groups that Federal or 
State ownership of LLW disposal sites is not required, may be 
difficult and generate a significant credibility problem.

    The Commission has not objected to private ownership of the 
Envirocare site under Agreement State authority in the State of Utah 
because of special reasons and provisions applicable to that site. The 
Commission believes that if any other State desires to use an exemption 
provision, a case-specific evaluation would be conducted, as was done 
for the State of Utah. Any evaluation would consider whether the 
underlying purpose of governmental ownership, assuring the existence of 
a responsible entity for long-term care and monitoring of the site, can 
be achieved.

    For the reasons discussed, the Commission is withdrawing the ANPRM.

    Dated at Rockville, Maryland this 12th day of July, 1995.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 95-17562 Filed 7-17-95; 8:45 am]
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