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10 C.F.R. §§ 960.5-2-1–960.5-2-7

7 sections in range

§960.5-2-1. Population density and distribution.

10 C.F.R. § 960.5-2-1

(a)
Qualifying condition. The site shall be located such that, during repository operation and closure, (1) the expected average radiation dose to members of the public within any highly populated area will not be likely to exceed a small fraction of the limits allowable under the requirements specified in § 960.5-1(a)(1), and (2) the expected radiation dose to any member of the public in an unrestricted area will not be likely to exceed the limit allowable under the requirements specified in § 960.5-1(a)(1).
(b)
Favorable conditions.
(1)
A low population density in the general region of the site.
(2)
Remoteness of site from highly populated areas.
(c)
Potentially adverse conditions.
(1)
High residential, seasonal, or daytime population density within the projected site boundaries.
(2)
Proximity of the site to highly populated areas, or to areas having at least 1,000 individuals in an area 1 mile by 1 mile as defined by the most recent decennial count of the U.S. census.
(d)
Disqualifying conditions. A site shall be disqualified if—
(1)
Any surface facility of a repository would be located in a highly populated area; or
(2)
Any surface facility of a repository would be located adjacent to an area 1 mile by 1 mile having a population of not less than 1,000 individuals as enumerated by the most recent U.S. census; or
(3)
The DOE could not develop an emergency preparedness program which meets the requirements specified in DOE Order 5500.3 (Reactor and Non-Reactor Facility Emergency Planning, Preparedness, and Response Program for Department of Energy Operations) and related guides or, when issued by the NRC, in 10 CFR part 60, subpart I, “Emergency Planning Criteria.”
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 2011 et seq., 42 U.S.C. 7101 et seq., 42 U.S.C. 10101 et seq.

Source

Source: 49 FR 47752, Dec. 6, 1984, unless otherwise noted.

§960.5-2-2. Site ownership and control.

10 C.F.R. § 960.5-2-2

(a)
Qualifying condition. The site shall be located on land for which the DOE can obtain, in accordance with the requirements of 10 CFR 60.121, ownership, surface and subsurface rights, and control of access that are required in order that surface and subsurface activities during repository operation and closure will not be likely to lead to radionuclide releases to an unrestricted area greater than those allowable under the requirements specified in § 960.5-1(a)(1).
(b)
Favorable condition. Present ownership and control of land and all surface and subsurface mineral and water rights by the DOE.
(c)
Potentially adverse condition. Projected land-ownership conflicts that cannot be successfully resolved through voluntary purchase-sell agreements, nondisputed agency-to-agency transfers of title, or Federal condemnation proceedings.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 2011 et seq., 42 U.S.C. 7101 et seq., 42 U.S.C. 10101 et seq.

Source

Source: 49 FR 47752, Dec. 6, 1984, unless otherwise noted.

§960.5-2-3. Meteorology.

10 C.F.R. § 960.5-2-3

(a)
Qualifying condition. The site shall be located such that expected meteorological conditions during repository operation and closure will not be likely to lead to radionuclide releases to an unrestricted area greater than those allowable under the requirements specified in § 960.5-1(a)(1).
(b)
Favorable condition. Prevailing meteorological conditions such that any radioactive releases to the atmosphere during repository operation and closure would be effectively dispersed, thereby reducing significantly the likelihood of unacceptable exposure to any member of the public in the vicinity of the repository.
(c)
Potentially adverse conditions.
(1)
Prevailing meteorological conditions such that radioactive emissions from repository operation of closure could be preferentially transported toward localities in the vicinity of the repository with higher population densities than are the average for the region.
(2)
History of extreme weather phenomena— such as hurricanes, tornadoes, severe floods, or severe and frequent winter storms—that could significantly affect repository operation or closure.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 2011 et seq., 42 U.S.C. 7101 et seq., 42 U.S.C. 10101 et seq.

Source

Source: 49 FR 47752, Dec. 6, 1984, unless otherwise noted.

§960.5-2-4. Offsite installations and operations.

10 C.F.R. § 960.5-2-4

(a)
Qualifying condition. The site shall be located such that present projected effects from nearby industrial, transportation, and military installations and operations, including atomic energy defense activities, (1) will not significantly affect repository siting, construction, operation, closure, or decommissioning or can be accommodated by engineering measures and (2), when considered together with emissions from repository operation and closure, will not be likely to lead to radionuclide releases to an unrestricted area greater than those allowable under the requirements specified in § 960.5-1(a)(1).
(b)
Favorable condition. Absence of contributing radioactive releases from other nuclear installations and operations that must be considered under the requirements of 40 CFR 191, subpart A.
(c)
Potentially adverse conditions.
(1)
The presence of nearby potentially hazardous installations or operations that could adversely affect repository operation or closure.
(2)
Presence of other nuclear installations and operations, subject to the requirements of 40 CFR part 190 or 40 CFR part 191, subpart A, with actual or projected releases near the maximum value permissible under those standards.
(d)
Disqualifying condition. A site shall be disqualified if atomic energy defense activities in proximity to the site are expected to conflict irreconcilably with repository siting, construction, operation, closure, or decommissioning.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 2011 et seq., 42 U.S.C. 7101 et seq., 42 U.S.C. 10101 et seq.

Source

Source: 49 FR 47752, Dec. 6, 1984, unless otherwise noted.

§960.5-2-5. Environmental quality.

10 C.F.R. § 960.5-2-5

(a)
Qualifying condition. The site shall be located such that (1) the quality of the environment in the affected area during this and future generations will be adequately protected during repository siting, construction, operation, closure, and decommissioning, and projected environmental impacts in the affected area can be mitigated to an acceptable degree, taking into account programmatic, technical, social, economic, and environmental factors; and (2) the requirements specified in § 960.5-1(a)(2) can be met.
(b)
Favorable conditions.
(1)
Projected ability to meet, within time constraints, all Federal, State, and local procedural and substantive environmental requirements applicable to the site and the activities proposed to take place thereon.
(2)
Potential significant adverse environmental impacts to present and future generations can be mitigated to an insignificant level through the application of reasonable measures, taking into account programmatic, technical, social, economic, and environmental factors.
(c)
Potentially adverse conditions.
(1)
Projected major conflict with applicable Federal, State, or local environmental requirements.
(2)
Projected significant adverse environmental impacts that cannot be avoided or mitigated.
(3)
Proximity to, or projected significant adverse environmental impacts of the repository or its support facilities on, a component of the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Wilderness Preservation System, or National Forest Land.
(4)
Proximity to, and projected significant adverse environmental impacts of the repository or its support facilities on, a significant State or regional protected resource area, such as a State park, a wildlife area, or a historical area.
(5)
Proximity to, and projected significant adverse environmental impacts of the repository and its support facilities on, a significant Native American resource, such as a major Indian religious site, or other sites of unique cultural interest.
(6)
Presence of critical habitats for threatened or endangered species that may be compromised by the repository or its support facilities.
(d)
Disqualifying conditions. Any of the following conditions shall disqualify a site:
(1)
During repository siting, construction, operation, closure, or decommissioning the quality of the environment in the affected area could not be adequately protected or projected environmental impacts in the affected area could not be mitigated to an acceptable degree, taking into account programmatic, technical, social, economic, and environmental factors.
(2)
Any part of the restricted area or repository support facilities would be located within the boundaries of a component of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, or the National Wild and Scenic Rivers System.
(3)
The presence of the restricted area or the repository support facilities would conflict irreconcilably with the previously designated resource-preservation use of a component of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National Wild and Scenic Rivers System, or National Forest Lands, or any comparably significant State protected resource that was dedicated to resource preservation at the time of the enactment of the Act.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 2011 et seq., 42 U.S.C. 7101 et seq., 42 U.S.C. 10101 et seq.

Source

Source: 49 FR 47752, Dec. 6, 1984, unless otherwise noted.

§960.5-2-6. Socioeconomic impacts.

10 C.F.R. § 960.5-2-6

(a)
Qualifying condition. The site shall be located such that (1) any significant adverse social and/or economic impacts induced in communities and surrounding regions by repository siting, construction, operation, closure, and decommissioning can be offset by reasonable mitigation or compensation, as determined by a process of analysis, planning, and consultation among the DOE, affected State and local government jurisdictions, and affected Indian tribes; and (2) the requirements specified in § 960.5-1(a)(2) can be met.
(b)
Favorable conditions.
(1)
Ability of an affected area to absorb the project-related population changes without significant disruptions of community services and without significant impacts on housing supply and demand.
(2)
Availability of an adequate labor force in the affected area.
(3)
Projected net increases in employment and business sales, improved community services, and increased government revenues in the affected area.
(4)
No projected substantial disruption of primary sectors of the economy of the affected area.
(c)
Potentially adverse conditions.
(1)
Potential for significant repository-related impacts on community services, housing supply and demand, and the finances of State and local government agencies in the affected area.
(2)
Lack of an adequate labor force in the affected area.
(3)
Need for repository-related purchase or acquisition of water rights, if such rights could have significant adverse impacts on the present or future development of the affected area.
(4)
Potential for major disruptions of primary sectors of the economy of the affected area.
(d)
Disqualifying condition. A site shall be disqualified if repository construction, operation, or closure would significantly degrade the quality, or significantly reduce the quantity, of water from major sources of offsite supplies presently suitable for human consumption or crop irrigation and such impacts cannot be compensated for, or mitigated by, reasonable measures.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 2011 et seq., 42 U.S.C. 7101 et seq., 42 U.S.C. 10101 et seq.

Source

Source: 49 FR 47752, Dec. 6, 1984, unless otherwise noted.

§960.5-2-7. Transportation.

10 C.F.R. § 960.5-2-7

(a)
Qualifying condition. The site shall be located such that (1) the access routes constructed from existing local highways and railroads to the site (i) will not conflict irreconcilably with the previously designated use of any resource listed in § 960.5-2-5(d) (2) and (3); (ii) can be designed and constructed using reasonably available technology; (iii) will not require transportation system components to meet performance standards more stringent than those specified in the applicable DOT and NRC regulations, nor require the development of new packaging containment technology; (iv) will allow transportation operations to be conducted without causing an unacceptable risk to the public or unacceptable environmental impacts, taking into account programmatic, technical, social, economic, and environmental factors; and (2) the requirements of § 960.5-1(a)(2) can be met.
(b)
Favorable conditions.
(1)
Availability of access routes from local existing highways and railroads to the site which have any of the following characteristics:
(i)
Such routes are relatively short and economical to construct as compared to access routes for other comparable siting options.
(ii)
Federal condemnation is not required to acquire rights-of-way for the access routes.
(iii)
Cuts, fills, tunnels, or bridges are not required.
(iv)
Such routes are free of sharp curves or steep grades and are not likely to be affected by landslides or rock slides.
(v)
Such routes bypass local cities and towns.
(2)
Proximity to local highways and railroads that provide access to regional highways and railroads and are adequate to serve the repository without significant upgrading or reconstruction.
(3)
Proximity to regional highways, mainline railroads, or inland waterways that provide access to the national transportation system.
(4)
Availability of a regional railroad system with a minimum number of interchange points at which train crew and equipment changes would be required.
(5)
Total projected life-cycle cost and risk for transportation of all wastes designated for the repository site which are significantly lower than those for comparable siting options, considering locations of present and potential sources of waste, interim storage facilities, and other repositories.
(6)
Availability of regional and local carriers— truck, rail, and water—which have the capability and are willing to handle waste shipments to the repository.
(7)
Absence of legal impediment with regard to compliance with Federal regulations for the transportation of waste in or through the affected State and adjoining States.
(8)
Plans, procedures, and capabilities for response to radioactive waste transportation accidents in the affected State that are completed or being developed.
(9)
A regional meteorological history indicating that significant transportation disruptions would not be routine seasonal occurrences.
(c)
Potentially adverse conditions.
(1)
Access routes to existing local highways and railroads that are expensive to construct relative to comparable siting options.
(2)
Terrain between the site and existing local highways and railroads such that steep grades, sharp switchbacks, rivers, lakes, landslides, rock slides, or potential sources of hazard to incoming waste shipments will be encountered along access routes to the site.
(3)
Existing local highways and railroads that could require significant reconstruction or upgrading to provide adequate routes to the regional and national transportation system.
(4)
Any local condition that could cause the transportation-related costs, environmental impacts, or risk to public health and safety from waste transportation operations to be significantly greater than those projected for other comparable siting options.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 2011 et seq., 42 U.S.C. 7101 et seq., 42 U.S.C. 10101 et seq.

Source

Source: 49 FR 47752, Dec. 6, 1984, unless otherwise noted.