N.Y. Comp. Codes R. & Regs. tit. 6 § 382.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 382.6 - Certification of disposal sites and methods

This section applies to the activities of the commission in selecting and proposing one or two sites and one or more disposal methods to be used for the permanent disposal of waste pursuant to article 29 of the Environmental Conservation Law. Unless the provisions of article 29 of the ECL and this Part otherwise require, article 70 of the ECL and Parts 621, with the exception of sections 621.10(b) and (c), and 624 of this Title apply to the commission's and the department's activities pursuant to article 29 of the ECL.

(a) Selection process.

(1) The commission must develop and follow a systematic procedure for selecting one or two proposed sites and one or more disposal methods for permanent land disposal facilities. The commission must take into account the following factors in the selection of disposal sites and disposal methods:

(i) the ability of land disposal facilities using the proposed site or sites and disposal method or methods to meet the performance objectives in sections 382.10 -382.15 of this Part, the siting criteria in sections 382.20 -382.23, and the disposal method criteria in sections 382.30 -382.35;

(ii) the nature and probability of the impacts on public health and safety, including predictable adverse effects from accidents during the transportation of waste to such land disposal facilities, contamination of ground or surface water by leaching and runoff from the land disposal facilities, and fires or explosions from improper storage or disposal of volatile, combustible or potentially explosive materials, if any, which may compose a portion of the waste to be delivered to such land disposal facilities;

(iii) the potential for avoidance or mitigation of harm from the unanticipated release of waste or contaminated materials;

(iv) the nature of the probable impact of a land disposal facility on local governmental units within which such land disposal facilities would be located;

(v) the comparative economic implications, including those resulting from engineering considerations, of the potential site or sites and disposal methods for such land disposal facilities;

(vi) the safety of workers at a potential land disposal facility, including the likelihood of accidental injuries at the land disposal facility and the probable radiation dose to workers during normal operations;

(vii) the nature of the probable environmental impacts, including the predictable adverse effects on the natural environment and ecology, scenic, historic, agricultural, cultural and recreational values, water and air quality, and wildlife;

(viii) the ability for retrieval or recovery of waste; and

(ix) the adequacy of routes and means for transportation of waste to such land disposal facilities.

(2) The commission must select one or two proposed sites which can meet the requirements of sections 382.10 through 382.35 of this Part and the capacity requirements in paragraph (3) of this subdivision. For each proposed site, the commission must select one or more proposed disposal methods which can meet the requirements of sections 382.10 through 382.35 of this Part and the capacity requirement in paragraph (3) of this subdivision.

(3) The proposed site or sites must be of sufficient total capacity to provide, using the proposed disposal method or methods, for disposal of all waste estimated by the commission to be generated in New York State and to require disposal in a land disposal facility for a period of at least 30 years beginning on January 1, 1993. Only waste containing or contaminated with radioactive materials may be disposed at the land disposal facility.

(b) Site characterization studies.

(1) The commission or other applicant must perform studies, including onsite investigations and monitoring, to characterize the proposed site or sites in order to demonstrate that the proposed site or sites can meet the requirements of sections 382.10 through 382.35 of this Part.

(2) The commission or other applicant may consult with the department in developing plans for site characterization studies. The department may provide specific guidance to the commission or other applicant regarding the requirements for such studies. In developing that guidance, the department may seek and consider recommendations from the public.

(3) The commission or other applicant must submit its proposed plan for site characterization studies and a description of the proposed quality assurance (QA) program for such studies to the department for the department's review prior to undertaking the studies. The QA program must meet the provisions of the United States Nuclear Regulatory Commission's publication, "Quality Assurance Guidance for a Low-Level Radioactive Waste Disposal Facility" (NUREG-1293) Revision 1, April 1991. (See section 382.99 of this Part.) The commission or other applicant need not submit the entire plan to the department at one time, but may submit portions of the plan for review, as appropriate.

(4) The site characterization studies must include onsite and, where appropriate, offsite monitoring to provide basic environmental data on the characteristics of the proposed site or sites and the surrounding area and the proposed site's or sites' suitability for the proposed disposal method or methods. The data must describe the proposed site's or sites' ecology, meteorology, climate (including likely long-term changes to climate), hydrology, geology, geochemistry, seismology and radioactivity. The studies must identify the known natural resources at the proposed site or sites, the exploitation of which could result in inadvertent intrusion into the low-level radioactive wastes after the period of institutional control. With reference to the proposed site or sites and the area around them, information about the population distribution and density (including seasonal variations), scenic, cultural, recreational, archaeological and historical resources, socioeconomics, agriculture, and other current land uses (including seasonal activities) must be collected. The characterization studies must include any other information necessary to make the demonstrations required by subparagraphs (d)(1)(vii) and (xi) of this section. For those characteristics that are subject to seasonal variation, data must be collected for at least one continuous 12-month period.

(c) Pre-application procedures.

(1) Prior to preparation of the application for certification, the commission must consult with the department regarding the form and content of the application, and the department must provide specific guidance to the commission in a timely manner.

(2) The commission must hold at least one public scoping meeting to receive public comments on the scope of a draft environmental impact statement to be prepared regarding the commission's application for certification.

(3) Prior to preparation of the draft environmental impact statement, the commission must submit, for the department's approval, its proposed scope of the draft environmental impact statement. Within 15 calendar days of receiving the proposed scope, the department must either notify the commission that the proposed scope is approved, or inform the commission of the deficiencies in the proposed scope. If the department fails to notify the commission of its decision within that 15 days, the scope will be deemed approved.

(d) Contents of complete application for certification.

(1) A complete application for certification of one or two proposed sites and one or more proposed disposal methods must contain the following information:

(i) a narrative description of the site and disposal method selection process the commission followed in choosing the proposed site or sites and proposed disposal method or methods, including an explanation of how the siting and disposal method selection criteria in sections 382.20 -382.23 and 382.30-382.35 of this Part were incorporated into the process and a description of the data relied upon, assumptions made and calculations performed;

(ii) the estimated capacity required pursuant to paragraph (a)(3) of this section and a description of the method used to determine the estimated volume of each class of waste to be disposed, including the data relied upon, assumptions made and calculations performed;

(iii) a description of the types and an estimate of the quantities of low-level radioactive waste to be received, possessed and disposed of;

(iv) a description of any plans for use of the land disposal facility or facilities for purposes other than disposal of low-level radioactive wastes;

(v) a description of the location and size of the proposed site or sites and maps of suitable scale, including copies of New York State Department of Transportation planimetric maps, topographic series, to a scale of 1:24,000, corrected to reflect current municipal boundaries, marked to show the location of the proposed site or sites;

(vi) a description of the proposed disposal method or methods and equipment and any ancillary facilities for preparing the waste for disposal, including a conceptual design and proposed plan for closure and stabilization in sufficient detail to reveal the features which will be relied upon to make the demonstrations required by subparagraph (xi) of this paragraph;

(vii) a description of the natural characteristics of the proposed site or sites as determined by any studies done by the commission during the site selection process and the site characterization studies. This must include the information required pursuant to subdivision (b) of this section and any other information the commission may deem necessary to demonstrate that the proposed site or sites comply with the siting criteria of sections 382.20 -382.23 of this Part;

(viii) all the information about the proposed site or sites and proposed disposal method or methods as specified in the United States Nuclear Regulatory Commission's publication, Standard Format and Content of a License Application for a Low-Level Radioactive Waste Disposal Facility - Safety Analysis Report, (NUREG-1199, Revision 2, January 1991) (see section 382.99 of this Part), with the exception of those items that the commission demonstrates, subject to the department's written approval, prior to submission of the application, are beyond the scope of the commission's authority and responsibilities, in which case a copy of the department's written approval of such exceptions must be included in the application;

(ix) a draft environmental impact statement prepared pursuant to section 29- 0303(3) of the ECL and Part 617 of this Title, and following the scope developed pursuant to subdivision (c) of this section;

(x) transparent overlays or computer-generated maps that illustrate, on a map of New York State, the areas of the State eliminated at each step of the site selection process;

(xi) a demonstration, with specific reference to features of the proposed site or sites and proposed disposal method or methods, that land disposal facilities on the site or sites and using the proposed disposal method or methods can be designed and operated to comply with the requirements of sections 382.10 -382.15 and 382.30-382.35 of this Part;

(xii) a list identifying and describing each report, study or document relied upon by the commission for information supporting its analyses and conclusions;

(xiii) detailed explanations of all calculations performed and details of all models used, including all assumptions and algorithms;

(xiv) a summary of any views, comments, information or recommendations provided to the commission by the advisory committee and the commission's responses to them;

(xv) documentation of compliance with section 14.09 of article 14 of the Parks, Recreation and Historic Preservation Law; and

(xvi) any other information required by the department pursuant to paragraph (c)(1) of this section.

(2) Analyses required to demonstrate that the performance objectives of sections 382.10 -382.15 of this Part can be met must comply with the following:

(i) Pathways analyzed in demonstrating protection of the general population from releases of radioactivity must include air, soil, groundwater, surface water, plant uptake, and exhumation by burrowing animals. The analyses must clearly identify and differentiate between the roles performed by the natural disposal site characteristics and design features in isolating and segregating the wastes. The analyses must clearly demonstrate that it can be reasonably ensured that the dose to humans will not exceed the limits set forth in section 382.11 of this Part. The analyses must indicate, at least, the maximum expected whole body and organ doses to the general population during operation and following closure of the land disposal facility and the year during which the maximum dose is predicted to occur. The dose due to each radionuclide expected to contribute to the maximum dose must be identified.

(ii) Analyses of the protection of individuals from radiation exposure as a result of inadvertent intrusion must include a demonstration that it can be reasonably ensured that the waste classification and segregation requirements can be met and that adequate barriers to inadvertent intrusion can be provided.

(iii) Analyses demonstrating the protection of individuals during operations must include assessments of expected radiation exposures due to routine operations and likely accidents during handling, storage and disposal of waste. The analyses must demonstrate that it can be reasonably ensured that radiation exposures can be controlled to meet the requirements of Title 12, Part 38 of the Codes, Rules and Regulations of the State of New York.

(iv) Analyses of the long-term stability of the disposal site and the need for ongoing active maintenance after closure must be based upon analyses of active natural processes such as erosion, mass wasting, slope failure, settlement of wastes and backfill, infiltration into disposal units, and surface drainage of the disposal site. The analyses must demonstrate that it can be reasonably ensured that there will not be a need for ongoing active maintenance of the disposal site following closure.

(v) Demonstration of protection of the environment and public health must include a list of State and Federal environmental and public health laws and regulations that may be applicable to the land disposal facility.

(3) The commission may, with the department's written approval, delay to a future date specified by the department, but before the department renders a decision on the application for certification, the submission of any of the information required in paragraphs (1) and (2) of this subdivision, provided the department finds that delay of such submission:

(i) will have no significant adverse impact on the public health, welfare and safety or the environment or natural resources;

(ii) will not adversely affect the ability of the land disposal facility or facilities to meet the requirements of this Part; and

(iii) will not impair the department's ability to render a timely decision on the application for certification in accordance with the provisions of this subdivision and section 29-0105 of the ECL.

(e) Filing and service of the application.

(1) At the time of submitting its application to the department, the commission must submit 50 copies of its application to the department. The commission shall provide to the department additional copies of the application at the department's request.

(2) The commission must, concurrent with submittal to the department, submit a copy of the application to each of the following persons:

(i) the chairperson of the Energy Research and Development Authority;

(ii) the Legislature; and

(iii) the Governor.

(3) The commission must make a copy of the application available to any person upon request.

(f) Review procedures.

(1) The department will review the application for certification submitted by the commission to determine whether it is complete for purposes of commencing review.

(2) On or before 30 calendar days following receipt of the application, the department must mail notification of its determination of completeness or incompleteness to the commission. If the department fails to mail notice of its determination of completeness or incompleteness to the commission within that 30-calendar-day time period, the application shall be deemed complete.

(3) If the application is found to be incomplete, the notice will identify what additional information, analyses or documents must be submitted to complete the application. A new 30-calendar-day period for department review for completeness shall commence from the date the additional information, analyses or documents are received by the department.

(4) Upon determining that the application is complete, the department will provide notice of the determination of completeness to those persons listed in paragraph (e)(2) of this section and to any person who has previously expressed in writing interest in receiving such notification. The department must publish notice of determination of completeness in the Environmental Notice Bulletin no more than 10 calendar days after the date of notice to the commission. The notice must include, as applicable, the elements of a notice of determination of completeness described in section 621.7(a) of this Title, Uniform procedures.

(5) The department must hold public adjudicatory hearings on the application for certification and draft environmental impact statement. At least one day of the hearings shall be held in the vicinity of each proposed site. Except as otherwise required by this Part, the provisions of Part 624 of this Title apply to such hearings.

(6) The department must render a decision on the application for certification within 180 days of submission of a complete application. The department will, based upon the record, either:

(i) certify that the commission's proposed site or sites and proposed disposal method or methods are in conformance with the applicable provisions of this Part; or

(ii) certify that, with modifications proposed by the department, the proposed site or sites and proposed disposal method or methods would be in conformance with the applicable provisions of this Part; or

(iii) refuse to certify the proposed site or sites and proposed disposal method or methods and will specify the manner in which such proposed site or sites and proposed disposal method or methods fail to meet the applicable provisions of this Part.

(7) The department will publish notice of its decision on the commission's application for certification in the State Register and the Environmental Notice Bulletin. The department will submit copies of its decision and final environmental impact statement to those persons listed in paragraph (e)(2) of this section and to any person who has previously expressed in writing interest in receiving such decision and final environmental impact statement as provided in Part 617 of this Title.

(g) Standards for certification of sites and disposal methods. The department will certify that the commission's proposed site or sites and method or methods are in conformance with the applicable siting and method selection criteria upon finding that, except where a variance has been granted pursuant to section 382.4(a) of this Part:

(1) the proposed site or sites are in conformance with the siting criteria contained in sections 382.20 -382.23 of this Part;

(2) the proposed disposal method or methods can be utilized in conformance with the disposal method criteria of sections 382.30 -382.35 of this Part;

(3) a land disposal facility or land disposal facilities built, operated and closed on the proposed site or sites and employing the proposed disposal method or methods can meet the performance objectives in sections 382.10 -382.15 of this Part; and

(4) the requirements of Part 617 of this Title have been met.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 382.6