0-105 The maximum allowable average annual
concentration of radioactivity in community water supplies due to man-made
radionuclides shall comply with 40 CFR 141.15 and 141.16 as given below:
40 CFR 141.15: Maximum contaminant levels for radium-226,
radium-228, and gross alpha particle radioactivity in community water
systems.
The following are the maximum contaminant levels for
radium-226, radium-228, and gross alpha radioactivity:
a) Combined radium-226 and radium-228 --
5pCi/l.
b) Gross alpha particle
activity (including radium-226 but excluding radon and uranium) -- 15pCi/l
40 CFR 141.16: Maximum contaminant levels for beta particle
and photon radioactivity from man-made radionuclides in community water
systems.
a) The average annual
concentration of beta particle and photon radioactivity from man-made
radionuclides in drinking water shall not produce an annual dose equivalent to
the total body or any internal organ greater than 4 millirem/year.
b) Except for the radionuclides listed in
Table A, the concentration of man-made radionuclides causing 4 mrem total body
or organ dose equivalents shall be calculated on the basis of a 2 liter per day
drinking water intake using 168 hour data listed in Maximum Permissible Body
Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water
for Occupational Exposure, NBS Handbook 69 as amended August. 1963, U.S.
Department of Commerce. If two or more radionuclides are present, the sum of
their annual dose equivalent to the total body or any organ shall not exceed 4
millirem/year.
Table A -- AVERAGE ANNUAL CONCENTRATIONS ASSUMED TO PRODUCE A
TOTAL BODY OR ORGAN DOSE OF 4 MREM/YR
| Radionuclides | Critical
Organ | pCi/liter |
|
Tritium |
Total body |
20,000 |
|
Strontium-90 |
Bone marrow |
8 |
CFR - An acronym for Code of Federal Regulations.
0-200
DEFINITIONS
Buffer Zone - a portion of the disposal site that is
controlled by the licensee and that lies under the disposal units and between
the disposal units and the boundary of the site (
10
CFR 61.2) . The buffer zone shall be of
adequate dimensions to carry out environmental monitoring activities and take
mitigative measures if needed (
10 CFR
61.52(8)) (cf 1-402,
below).
Certification Data Package - A submittal containing existing,
available information sufficient to provide a basis on which the Agency can
evaluate the ability of a site to meet the siting regulations.
Class A Waters - the waters of all lakes, ponds, and
reservoirs, natural or artificial, used exclusively for public water supply
prior to July 1, 1971, and all waters flowing into such lakes, ponds, and
reservoirs unless reclassified (10 V.S.A. 1253).
Class I Groundwaters - groundwater suitable for use as a
public water supply, which has uniformly excellent character, and is not
exposed to activities which pose a risk to its current or potential use as a
public water supply (10 V.S.A. 1392-1394).
Class II Groundwaters - groundwater suitable for use as a
public water supply which has uniformly excellent character and which is
exposed to activities which pose a risk to its current or potential use as a
public water supply (10 V.S.A. 1392-1394).
Community Water System - means a public water system which
serves at least ten (10) service connections used by year-round residents or
regularly serves at least 25 year-round residents.
Design Life - a period of time which includes the active life
of the facility (that time during which waste is being placed in the facility),
the post-closure period, the institutional control period (presently federally
mandated as up to 100 years), and any additional time period required by the
Agency under 10 V.S.A. 7023(b).
Disposal - the isolation of radioactive wastes from the
biosphere inhabited by humans and containing their food chains by emplacement
in a land disposal facility (modified from
10
CFR 61.2) .
Disposal Area - the area of land that includes all the
disposal units, but not the buffer zone.
Disposal Facility - means the land, buildings, and equipment
which is intended to be used for the disposal of radioactive waste. (Modified
from "Land Disposal Facility" 10 CFR 61)
Disposal Site - that portion of a land disposal facility
which is used for disposal of waste. It consists of disposal units and a buffer
zone (
10
CFR 61.2)
Disposal Unit - a discrete portion of the disposal site into
which waste is placed for disposal (
10
CFR 61.2)
Environmental Monitoring System - the equipment and
procedures required to provide data to evaluate the potential health and
environmental impacts during both construction and the operation of the
facility and to enable the evaluation of the long-term effects and the need for
mitigative measures. The monitoring system must be capable of providing early
warning of releases of radionuclides in the disposal site before they leave the
site boundary (
10 CFR
61.53(c)) .
Engineered Barrier - a structure or device that is
constructed to improve the land disposal facility's ability to meet the
performance objectives (modified from
10
CFR 61.2) .
EPA - An acronym for United States Environmental Protection
Agency.
Exclusion Factors - those attributes of land areas that, on
the basis of the siting regulations, would require exclusion of the associated
land areas from consideration as sites for the disposal facility (see Section
2-400).
Factor - the individual data item or land attribute addressed
by the intent or specific requirements of all or part of a siting regulation
(see Section 2-300).
500-year Floodplain - the lowland and relatively flat areas
adjoining inland and coastal waters including, at a minimum, that area subject
to a 0.2 percent or greater chance of flooding in any given year (modified from
Executive Order 11988 - Floodplain Management).
(GIS) Geographical Information Systems - computer-based
information handling programs that can store and manipulate both map-based
information and associated tabular data, such as zip codes, population density,
etc.
Karst - refers to a number of different geologic features
found in areas of limestone or similar carbonate rocks, and includes sinkholes,
caverns, caves, and open underground fissures.
LLRW - an acronym for low-level radioactive waste.
Liquefaction - the transformation of a granular material
(usually sand) from a solid state to a fluid state due to an increase in
pore-water pressure (Youd, T.L., 1973; Liquefaction, flow, and associated
ground failure, U.S. Geological Survey Circular 688).
Local Exclusion Screening - the application of exclusion
factors and subfactors on a local scale.
Local Preference Screening - the application of preference
factors at a local scale.
Locally Protected Areas - areas set aside for the protection
of natural and/or cultural resources by a town government or regional planning
organization, and formally adopted in town or regional zoning maps or plans,
planning documents, or other formal documents on or before the date of
promulgation of these rules.
Mass wasting - downslope movements of rock or soil in
response to gravity.
NRC - an acronym for the United States Nuclear Regulatory
Commission.
Outstanding Resource Water - waters of the state designated
by the Water Resources Board as having exceptional natural, recreational,
cultural or scenic values (10 V.S.A. 1422).
Performance Assessment - the process of analyzing the
performance of a disposal site, usually using computer modeling. The assessment
usually addresses water budget, waste container degradation and leaching,
groundwater flow and transport, surface water flow and transport, food chain,
and dosimetry (NUREG/CR-5453).
Preference Factors - those attributes of land areas that, on
the basis of the siting regulations, would not specifically exclude land areas
from consideration, but rather address certain preferences expressed in the
siting regulations (see Section 2-400).
Preliminary Flood Hazards Study - a study of potential flood
hazards using available data, site-specific probable maximum precipitation, and
topographic maps.
Preliminary Investigation - a study designed to collect the
minimum amount of data sufficient to provide a similar information base on all
potential alternative sites and to allow for meaningful comparative analyses of
potential alternative sites.
Publicly Available Data - Any information which is not
proprietary and which can be obtained by the general public without special
provision.
Public Water Supply - a water supply system with ten or more
connections (10 V.S.A. 1391).
Regional - of or pertaining to specific regions of the State
of Vermont, specifically those remaining under consideration after completion
of Statewide Exclusion Screening.
Regional Exclusion Screening - screening of all land areas
remaining after the Statewide Exclusion Screening, on the basis of additional
exclusionary factors and subfactors.
Regional Preference Screening - screening of all land areas
remaining after the Statewide Exclusion Screening and Regional Exclusion
Screening, on the basis of selected preference factors and subfactors.
Site Characterization - the program of in-depth
investigations and tasks undertaken to define the site characteristics
affecting the isolation of LLRW, the long term stability of the disposal site,
and the interactions between the disposal site and its surroundings.
Soil - all unconsolidated materials above the bedrock (Bates
and Jackson, 1988; Glossary of Geology, American Geological Institute, Falls
Church, VA).
Site Area - any area which lies within 2 kilometers of the
boundary of the proposed disposal site.
Statewide - of or pertaining to the entire State of
Vermont.
Statewide Exclusion Screening - screening of the entire State
of Vermont, other than the Town of Vernon and volunteer sites, using selected
exclusion factors. The remaining lands are identified as Potentially Suitable
Areas (see Sec. 2-800.1).
Stream - a current of water which is above an elevation of
1,500 feet above sea level or which flows at any time at a rate of less than
1.5 cubic feet per second (10 V.S.A. 6001).
Subfactor - a further breakdown of a Factor based on the
range of the size of land areas addressed by the Factor and appropriate mapping
scales (see Section 2-300).
V.S.A. - an abbreviation for Vermont Statutes Annotated.
Vermont Yankee Site - a site for a low-level radioactive
waste disposal facility on land presently owned by and contiguous to the
Vermont Yankee Nuclear Power Corporation (10 V.S.A. 7001 (13)).
Verifiable - the methods and assumptions used in the model
and the modeling process are valid for Vermont geological, hydrogeological,
climatological, and other applicable conditions.
Wellhead Protection Area - the surface and subsurface area
surrounding a water well or well field, supplying a public water system,
through which contaminants are reasonably likely to move towards and reach such
well or well field (Draft Vermont Wellhead Protection Program, Vermont Dept of
Health, July 18,1990).
Wetland - those areas of the state that are inundated by
surface or groundwater with a frequency sufficient to support significant
vegetation or aquatic life that depends on saturated or seasonally saturated
soil conditions for growth and reproduction. Such areas include, but are not
limited to, marshes, swamps, sloughs, potholes, fens, river and lake overflows,
mud-flats, bogs, and ponds, but excluding such areas as those that grow food or
crops in connection with farming activities (10 V.S.A. 905(7-9)).
CHAPTER 1 SITING REGULATIONS
CATEGORY 1 - GROUNDWATER REGULATIONS
1-101 GROUNDWATER - MODELING CAPABILITY
1-101.a The disposal site shall be located in
an area capable of being thoroughly characterized, modeled, analyzed, and
monitored. Sites which can be modeled with least uncertainty in analysis shall
be preferred.
1-101.b All models,
model codes, and other components of models shall be verifiable and available
to the Vermont public.
REGULATORY BASIS:
10 V.S.A.
7021(a)(1) and
10 CFR
61.50(a)(2)
1-102 GROUNDWATER -
DISCHARGE TO SURFACE
he disposal site shall be free from groundwater discharge to
the surface from any geological unit or zone which contains the disposal units
or is hydrogeologically connected to the disposal units.
REGULATORY BASIS:
10 V.S.A.
7021(a)(7) and
10 CFR
61.50(a)(8)
1-103 GROUNDWATER - DEPTH
TO WATER TABLE
1-103.a The disposal site shall
be located in an area with sufficient depth to the water table so that
groundwater intrusion into the waste, perennial or otherwise, could not
occur.
1-103.b In general, sites
with greater depths to the water table shall be preferred.
REGULATORY BASIS:
10 V.S.A.
7021(a)(6) and
10 CFR
61.50(a)(7)
1-104 GROUNDWATER -
PERMEABILITY AND SOIL CHEMISTRY
1-104.a Sites
which provide greater natural retardation of radionuclides shall be preferred.
Sites which are known to contain anomalous zones of highly permeable soil or
rock such that they affect the ability of the site to meet performance
objectives shall be excluded.
1-104.b Irrespective of the design of the
facility, sites requiring the least modification of the natural materials or
landforms to make the site acceptable for certification or licensing shall be
preferred.
1-104.c If a disposal
technology has not been chosen, sites which are most compatible with the
largest range of disposal technologies shall be preferred.
REGULATORY BASIS:
10 V.S.A.
7021(a)(16)
CATEGORY 2 - SURFACE WATER REGULATIONS
1-201 SURFACE WATER - SURFACE WATER BODIES
1-201.a The disposal facility shall not be
located within 100 meters of a wetland; or
1-201.b the disposal facility shall not be
located within 100 meters of a perennial stream, river, lake or pond which
existed as of the date of promulgation of these rules; or
1-201.c the disposal facility shall not be
located within 200 meters of designated outstanding resource waters.
1-201.d The disposal site shall be located
such that applicable standards established by the NRC, the EPA, and the State
of Vermont Water Quality Standards would not be exceeded at the site boundary.
REGULATORY BASIS:
10 V.S.A.
7021(a)(13); 10 V.S.A. Ch
47;
10
CFR 61.41; 40 CFR 141.15 -
16
1-202 SURFACE WATER -
FLOOD PRONE AREAS
The disposal site shall not be located in a wetland or a
500-year floodplain and shall be well drained and free of areas of flooding or
frequent ponding.
REGULATORY BASIS:
10 V.S.A.
7021(a)(4) and
10 CFR
61.50(a)(5)
1-203 SURFACE WATER -
UPSTREAM DRAINAGE AREAS
The disposal site shall not be located in areas with upstream
drainage areas of the size, geometry, and surface characteristics such that
surface runoff could erode, expose, or inundate the waste disposal
units.
REGULATORY BASIS:
10 V.S.A.
7021(a)(5) and
10 CFR
61.5(a)(6)
CATEGORY 3 - GEOLOGIC STABILITY REGULATIONS
1-301 GEOLOGIC STABILITY - SURFICIAL GEOLOGIC
PROCESSES
1-301.a The disposal site shall not
be located in areas where erosional and weathering processes such as mass
wasting, slumping, landsliding, or the development of karst are likely to occur
such that they affect the-ability of the disposal site to meet performance
objectives.
1-301.b Lands with the
least degree of slope shall be preferred.
REGULATORY BASIS:
10 V.S.A.
7021(a)(9) and
10 CFR
61.50(a)(10)
1-302 GEOLOGIC STABILITY
- TECTONIC PROCESSES
The disposal site shall not be located in areas where
tectonic processes such as faulting, folding, seismic activity, or volcanism
are likely to affect the ability of the disposal site to meet the performance
objectives.
REGULATORY BASIS:
10 V.S.A.
7021(a)(8) and
10 CFR
61.50(a)(9)
1-303 GEOLOGIC STABILITY -
LIQUEFACTION POTENTIAL
1-303.a Sites where
underlying soils have the least potential for liquefaction shall be
preferred.
1-303.b The disposal
site shall not be located where liquefaction of soils could affect the ability
of the site to meet the performance objectives.
REGULATORY BASIS:
10 V.S.A.
7021(a)(9)
CATEGORY 4 - PUBLIC HEALTH REGULATIONS
1-401 PUBLIC HEALTH - PUBLIC WATER SUPPLIES
The disposal site shall not be located within a watershed of
Class A waters or of a public water supply, within or adjacent to a Wellhead
Protection Area, within or adjacent to Class I or Class II groundwaters, or
where surface water quality standards could be reasonably expected to be
violated by the disposal facility.
REGULATORY BASIS:
10 V.S.A.
7021(a)(12)
10
CFR 61.41, 40 CFR 141.15-16
1-402 PUBLIC HEALTH - SITE SIZE
The disposal site shall be of sufficient size to allow the
satisfaction of the performance objectives.
REGULATORY BASIS:
10 V.S.A.
7021(a)(15),
10
CFR 61.41 - 44
1-403 PUBLIC HEALTH - RADIONUCLIDE TRANSPORT
MECHANISMS
The disposal site selection process shall consider all
potential transport mechanisms for radionuclides, including groundwater,
surface water, biotic, and airborne. Disposal sites shall be preferred where
exposure to humans will be minimized; where the environment will be minimally
impacted; and where remediation of an unanticipated release will be
enhanced.
REGULATORY BASIS:
10
V.S.A. 7020(a), and
7021(b)(4)
1-404 PUBLIC HEALTH -
TRANSPORTATION
The disposal site selection process shall consider issues
related to the transportation of wastes to the facility, including, but not
limited to, proximity to waste generators, roadway classification and safety
records, and potential impacts on population in the event of transportation
accidents.
REGULATORY BASIS:
10 V.S.A.
7021(b)(4)
CATEGORY 5 - DEMOGRAPHY AND LAND USE REGULATIONS
1-501 DEMOGRAPHY AND LAND USE - PRESENT
POPULATION AND LAND USE
1-501.a The disposal
site selection process shall consider whether existing population and land use
in the vicinity of the disposal site are likely to affect the ability of the
site to meet performance objectives. A disposal site location shall be
preferred which will limit the disruption of existing population and land
use.
1-501.b Sites shall be
preferred which minimize site acquisition problems.
1-501.c Sites shall be preferred which have
the greatest potential for public acceptance.
REGULATORY BASIS:
10 V.S.A.
7021(b)(3)
1-502 DEMOGRAPHY AND
LAND USE - PROJECTED POPULATION AND LAND USE
The disposal site shall not be located in an area where
projected population growth and future development are likely to affect the
ability of the disposal site to meet the performance objectives.
REGULATORY BASIS:
10 V.S.A.
7021(a)(2) and
10 CFR
61.50(a)(3)
1-503 DEMOGRAPHY AND LAND
USE - SENSITIVE LAND USE
The disposal site selection process shall consider proximity
to sensitive land uses existing or proposed by the date of promulgation of
these rules, including but not limited to schools, day care centers, and other
facilities which primarily affect children.
REGULATORY BASIS:
10 V.S.A.
7021(b)(1)
1-504 DEMOGRAPHY AND LAND USE - CONFLICTING
LAND USE
The disposal site shall not be located where nearby
facilities or activities or any existing radioactive materials could adversely
impact the ability of the site to meet the performance objectives or
significantly mask the environmental monitoring system.
REGULATORY BASIS:
10 V.S.A.
7021(a)(10) and
10 CFR
61.50(a)(11)
1-505 DEMOGRAPHY AND LAND
USE - FAILURE OF DAMS AND IMPOUNDMENTS
The disposal site shall not be located in an area where the
failure of a dam or impoundment could adversely affect the ability of the site
to meet the performance objectives.
REGULATORY BASIS:
10 V.S.A.
7021(a)(14)
1-506 DEMOGRAPHY AND LAND
USE - SOCIOECONOMIC IMPACTS
The site selection process shall consider the likely impacts
on local governmental units, including, but not limited to, municipal services
and emergency response services.
REGULATORY BASIS:
10 V.S.A.
7021(b)(3)
CATEGORY 6 - NATURAL AND CULTURAL RESOURCES
REGULATIONS
1-601 NATURAL AND CULTURAL
RESOURCES - FEDERAL PROTECTED LANDS
The disposal site shall not be placed within federally
excluded lands set aside for preservation and protection of natural resources.
Federal lands specifically identified include, but are not limited to, National
Parks, National Wildlife Refuges and Management Areas, federally designated
Wild and Scenic Rivers, Wilderness Areas, and National Recreation Areas.
REGULATORY BASIS:
10 V.S.A.
7021(b)(1)
1-602 NATURAL AND CULTURAL RESOURCES - STATE
PROTECTED LANDS
1-602.a The disposal site
shall not be placed within state lands set aside for the preservation and
protection of natural resources. State lands specifically identified include,
but are not limited to, Camel's Hump State Park, Camel's Hump Forest Reserve,
and other state forests, parks, and/or other natural areas.
1-602.b The disposal site shall not be
located above 2500 feet (762 meters) mean sea level.
1-602.c The selection process shall consider
all applicable state statutes, or regulations, that while not specifically
excluding the siting of such a facility, may impact on the feasibility or
desirability of siting the disposal facility within or in proximity to
designated protected lands. Such lands include, but are not limited to: fragile
areas, state and municipal park and forest lands, scenic and recreational
areas, scenic and recreational rivers, and state natural areas.
1-602.d Sites that would not have to be
removed from agricultural production or forestry production shall be preferred.
REGULATORY BASIS:
10 V.S.A.
2607, 10 V.S.A. 7021(b)(1),
10 V.S.A.
6086(a)(9)(b), 10 V.S.A.
Chapters 77, 151, 155, and 158.
1-603 NATURAL AND CULTURAL RESOURCES -
LOCALLY PROTECTED LANDS
The site selection process shall consider effects of siting
on locally protected lands set aside for the preservation and protection of
natural and cultural resources.
REGULATORY BASIS:
10 V.S.A.
7021(b)(1)
1-604 NATURAL AND CULTURAL RESOURCES -
ENDANGERED SPECIES
The disposal site shall not be located in an area that will
adversely affect federally designated rare, threatened, or endangered species,
or state designated endangered or threatened species, or critical fish and
wildlife habitats.
REGULATORY BASIS: 10 V.S.A. 5401-5409, 10 V.S.A. 6086
(a)(8)(A),
10 V.S.A.
7021(b)(2), Endangered
Species Act of 1973 , Public Law 93-205, 87 Stat. 884.
1-605 NATURAL AND CULTURAL RESOURCES -
HISTORIC PROPERTIES
1-605.a The disposal site
shall not be located on lands listed in the National or State Register of
Historic Places.
1-605.b
Additionally, the disposal site selection process shall consider impacts on
areas of historic, scenic, archeological, cultural, religious, or ethnic
significance.
REGULATORY BASIS:
10 V.S.A.
7021(b)(1)
1-606 NATURAL AND
CULTURAL RESOURCES - NATURAL RESOURCES
The disposal site shall not be located in areas having known
natural resources which, if exploited, would result in the failure of the
disposal site to meet the performance objectives.
REGULATORY BASIS:
10 V.S.A.
7021(a)(3) and
10 CFR
61.50(a)(4)
CHAPTER 2
SCREENING PROCEDURES
2-100 SCREENING PROCESS
The Authority shall implement a process for identifying
potential alternative sites in accordance with the rules under this chapter.
The sequence and schedule for implementing various phases, subphases, and
tracts shall be established by the Authority as part of the screening
plan.
2-200 ELEMENTS OF THE
SCREENING PLAN
The Authority shall develop a Screening Plan to formalize the
data sources and sequence of application to address each of the siting
regulations and phases of the methodology. The Screening Plan shall be
submitted to the Agency for review and comment prior to implementation. The
Agency shall have twenty (20) days to review and respond to the Screening Plan.
The Authority shall respond to Agency comments on the Screening Plan within 20
days of receipt of comments. The Screening Plan shall include the following
elements:
2-201 Recommendation of
minimum site size and configuration requirements
2-202 Identification of Screening Factors and
Subfactors
2-203 Classification of
Screening Factors and Subfactors
2-204 Identification of Data Sources for each
Factor and Subfactor
2-205
Assignment of the phase of screening for each Factor and Subfactor
2-206 Definition of the application of
Geographic Information System (GIS) technology
2
-207 Identification of public participation procedures which will
occur during screening.
2-300 MINIMUM SITE SIZE AND CONFIGURATION
REQUIREMENTS
The Authority shall establish the minimum width and minimum
total acreage under consideration for the site, including the disposal units
and the buffer zone, which shall be adequate to meet the capacity
specifications of the Agency's design standards.
2-400 IDENTIFICATION OF SCREENING FACTORS AND
SUBFACTORS
As part of the Screening Plan, the Authority shall, for each
applicable regulation, develop a list of screening factors and subfactors to
address the requirements and intent of the regulation.
2-500 CLASSIFICATION OF SCREENING FACTORS AND
SUBFACTORS
As part of the Screening Plan, the Authority shall identify
the classification of each screening factor or subfactor as exclusionary or
preference. The classification of the factors and subfactors as exclusionary or
preference shall in all cases be linked directly to the siting regulations, or
any relevant statutes, codes, or regulations.
2-600 IDENTIFICATION AND USE OF DATA SOURCES
2-600.a For each of the factors and
subfactors, the Authority shall, to the extent possible, identify the sources
of the data sets to be used to implement that factor or subfactor.
2-600.b The Authority, as part of the
Screening Plan, shall define the factors and subfactors mapped fully or in GIS
format which will be useful in the screening process.
2-600.c GIS shall be used as a data format
for any factors or subfactors as identified in 2-600.b.
2-700 ASSIGNMENT OF THE PHASE FOR EACH FACTOR
AND SUBFACTOR
The Authority shall identify, for each factor and subfactor,
the phase of the process where that factor or subfactor would most likely be
applied.
2-800 PHASE 1 -
IDENTIFICATION OF CANDIDATE AREAS
2-801
Subphase 1a Statewide Search
2-801.1
Statewide Exclusion
The Authority shall apply exclusionary factors that are
preferably mapped statewide to the entire state of Vermont, with the exception
of the Town of Vernon and any volunteered sites, to identify Potentially
Suitable Areas. The elements of the Screening Plan which address this Subphase
1a screening shall incorporate, at a minimum, the following
requirements:
2-801.1.a The factors to
be applied at this phase shall be clearly exclusionary in nature based on
existing legislation, siting requirements, and other applicable
regulations.
2-801.1.b The factors
to be applied shall reflect land areas that are of sufficient size and extent
to be meaningfully mapped independently on a statewide scale.
2-801.1.c The specific mapping accuracy shall
be commensurate with the map scales employed and the accuracy of data
sets.
2-801.1.d The map scales
employed shall be appropriate for statewide mapping. These scales are likely to
be in the range of 1:100,000 to 1:250,000.
2-801.1.e All data sets used shall be from
publicly available sources or derived from publicly available sources,
preferably statewide in coverage, and of relatively consistent quality and
format for the entire state.
2-801.1.f At the completion of the Subphase
1a screening, the minimum size and configuration requirements shall be applied
to exclude small or oddly shaped land areas remaining between the boundaries of
excluded areas.
2-801.2
Regional Exclusion Screening
The elements of the Screening Plan which address this
subphase of the screening shall incorporate, at a minimum, the following
requirements:
2-801.2.a Factors shall
be applied which are clearly exclusionary in nature.
2-801.2.b The factors to be applied shall
refer to land areas large enough to be meaningfully mapped on a regional
scale.
2-801.2.c The data sets
applied shall be from publicly available sources or derived from publicly
available sources, shall be regional or local in coverage, and of relatively
consistent quality and format within the regions of interest.
2-801.2.d Mapping shall be done at larger
scales than in the Subphase la Statewide Exclusion Screening.
2-801.2.e When larger mapping scales are
employed, the borders of the Potentially Suitable Areas shall be refined
correspondingly.
2-801.2.f Accuracy
of mapped boundaries and other data shall be commensurate with the map scales
employed.
2-801.3
Regional Preference Screening
Within the land areas remaining after the Regional Exclusion
Screening, the Authority shall apply appropriate regional preference factors
and subfactors. The elements of the Screening Plan which address this subphase
of the screening shall incorporate, at a minimum, the following
requirements:
2-801.3.a Factors shall
be applied which clearly address preference regulations.
2-801.3.b The factors to be applied shall
refer to land areas that are large enough to be meaningfully mapped on a
regional scale.
2-801.3.c Mapping
shall be done at larger scales than the statewide exclusion
screening.
2-801.3.d When larger
scales are employed, the borders of previously excluded areas shall be refined
correspondingly.
2-801.3.e All data
sets applied shall be from publicly available sources or derived from publicly
available sources, shall be regional or local in coverage, and of relatively
consistent quality and format within the regions of interest.
2-801.3.f Accuracy of mapped boundaries shall
be commensurate with the map scales employed and other data. At the end of this
subphase, the minimum site size and configuration requirements shall be
applied.
2-801.4 Local
Exclusion Screening
At the conclusion of the Regional Preference Screening
described above, the remaining land areas shall be evaluated using available
maps and data that are at more detailed scales. The elements of the Screening
Plan which address this subphase of the screening shall incorporate, at a
minimum, the following requirements:
2-801.4.a Mapping shall be completed at
scales of 1:24,000 or larger.
2-801.4.b All clearly exclusionary factors
having available data sets shall be applied.
2-801.4.c The accuracy of the mapping of all
excluded areas shall be commensurate with the more detailed mapping scales
used.
2-801.4.d Boundaries of
excluded areas from Phase 1 shall be redefined as accurately as feasible, due
to the more detailed mapping scales.
2-801.4.e Data used do not have to be
statewide in nature, nor do they have to be from publicly available
sources.
2-802
Subphase 1b - Evaluation of the Town of Vernon
Candidate Areas or Sites within the Town of Vernon shall be
identified by the application of exclusionary factors. The elements of the
Screening Plan which address this subphase of the screening shall incorporate,
at a minimum, the following requirements:
2-802.1 Mapping shall be completed at scales
of 1:24,000 or larger.
2-802.2 All
clearly exclusionary factors that have available data sets shall be
applied.
2-802.3 The accuracy of
the mapping of all excluded areas shall be commensurate with the more detailed
mapping scales used.
2-802.4 Data
sets do not have to be statewide in nature, nor do they have to be from
publicly available sources.
2-802.5
The plan shall incorporate, to the extent feasible, windshield surveys,
walkovers, or other reconnaissance field investigations to identify obvious
exclusion factors not shown on existing maps.
2-803 Subphase 1c - Evaluation of Volunteer
Sites or Areas
Should lands be volunteered for consideration, the Authority
shall evaluate the land areas proposed. The elements of the Screening Plan
which address this subphase of the screening shall incorporate, at a minimum,
the following requirements:
2-803.1
Mapping shall be completed at scales of 1:24,000 or larger.
2-803.2 All exclusionary factors that have
available data sets shall be applied.
2-803.3 The accuracy of the mapping of all
excluded areas shall be commensurate with the more detailed mapping scales
used.
2-803.4 Data used do not have
to be statewide in nature, nor do they have to be from publicly available
sources.
2-803.5 The plan shall
incorporate, to the extent feasible, windshield surveys, walkovers, or other
reconnaissance field investigations to identify obvious exclusion factors not
shown on existing maps.
2-900 PHASE 2 - IDENTIFICATION OF CANDIDATE
SITES
From within these Candidate Areas obtained from the
completion of Phase 1 the Authority shall select Candidate Sites. The elements
of the Screening Plan which address this phase of the screening shall
incorporate, at a minimum, the following requirements:
2 -901 Factors to be applied shall include
all appropriate exclusionary factors and subfactors that, because of size,
extent, or data availability, were not applied in earlier phases.
2-902 Factors to be applied shall include all
preference factors and subfactors for which data are available.
2-903 Mapping shall be done at the largest
scales feasible, given available data and maps.
2-904 Mapping accuracy shall be commensurate
with the map scales employed and the accuracy of the available data
sets.
2-905 Boundaries of excluded
areas from earlier phases that impact these lands shall be redefined as
accurately as feasible, due to the more detailed maps.
2-906 Data used can be statewide, regional,
or local. Data sources do not necessarily have to be from publicly available
sources. Data can be developed by the Authority on the basis of aerial
photographs or other sources.
2-1000 PHASE 3 - IDENTIFICATION OF POTENTIAL
ALTERNATIVE SITES
From within the candidate sites obtained in Phase 2, the
Authority shall select at least 3 Potential Alternative Sites which represent
the best of the candidate sites as determined by the Authority. The elements of
the Screening Plan which address this phase of the screening shall incorporate,
at a minimum, the following requirements:
2
-1001 Definition of the basis by which Candidate Sites shall be
compared.
2-1002 Involvement of the
public, in order to request additional local information that was not
accessible during the screening process.
2
-1003 Prior to the public comment period, the Authority shall
provide prior notification to affected landowners that the parcels are being
considered for certification.
2
-1004 Incorporation of public comment, pursuant to the
requirements of
10 V.S.A.
7002(a)(6)(B).
CHAPTER 3 CERTIFICATION REGULATIONS
3-100 SUBMISSION OF POTENTIAL ALTERNATIVE
SITES FOR CERTIFICATION
Under
10 V.S.A.
7002(a)(6)(B) and
7022(3),
the Authority is required to select and submit to the Agency for certification
at least three potential alternative sites, including one in the town of
Vernon. The sites submitted shall represent the best of the candidate sites as
determined by the Authority. The certification process shall take place in two
phases.
3-101 In order to allow the
Agency to make a determination as to whether a site meets applicable siting
regulations, the Authority shall, as part of the certification request, submit
a complete Phase 1 Certification Data Package for each site.
3-102 The Phase 1 Certification Data Package
shall provide, at a minimum all existing information about a site relating to
the ability of the site to meet the siting requirements.
3-103 When submitting potential alternative
sites to the Agency for Phase 1 Certification, the Authority shall provide a
summary of how the screening methodology was conducted to allow the Agency to
determine that the siting regulations were applied according to the Screening
Plan.
3-104 Following the
submission of a Phase 1 Certification Data Package, Agency staff shall review
the submitted information Upon decision that the Data Package is complete, the
Agency shall, within 20 days of that decision, either.
3-104.1 declare that the site appears to meet
all siting requirements at applicable at Phase 1 and is so certified;
or
3-104.2 declare that, based on
data submitted, the site fails to meet the applicable siting regulations, and
is not certified.
3-105 If
the Agency finds that a site submitted for certification does not appear to
meet the exclusionary siting requirements, then the Authority shall eliminate
the proposed site from consideration.
3
-106 If the Agency should find that preference regulations were
not applied according to the screening plan, the Authority shall repeat
portions of the screening process using amended preference screening
methodology.
3-200
As Phase 2 certification, the Authority shall complete
preliminary investigations on all Phase 1 certified sites as provided for in
10 VSA
7011(4)(B),
7011(4)(G),
7011(6),
and
7022(2)
These investigations shall be scoped to fulfill the requirements listed in
3-201 of these rules.
3-200.1 Prior to
implementing preliminary investigations, the Authority shall develop site
specific Preliminary Investigation Work Plans.
3-200.2 The Authority shall submit each
Preliminary Investigation Work Plan to the Agency for review and
comment.
3-200.3 The Agency shall
respond within 20 working days of receiving the work plan.
3-200.4 Within 20 working days of receipt of
Agency comments, the Authority shall respond to Agency comments on the adequacy
of the work plan for that investigation.
3-200.5 At the completion of each Preliminary
Investigation, the Authority shall submit to the Agency a report summarizing
the Preliminary Investigation. This report shall include all data generated
during the Preliminary Investigation. The Agency shall have 40 working days to
either:
3-200.5.a declare that the site
appears to meet all applicable siting requirements and is so certified;
or
3-200.5.b declare that, based on
data submitted, the site fails to meet the applicable siting requirements, and
is not certified.
3-201
The Authority shall scope the Preliminary Investigations to meet the following
data requirements, which are designed to allow a comparison of the alternative
sites.
3-201.1 The Authority shall provide
geologic and hydrogeologic information on the site. In order to complete this
requirement, the Authority shall consider:
3-201.
1.a: the relative simplicity and homogeneity of the
site;
3-201. 1.b: the lateral and
vertical variability of the unconsolidated materials;
3-201. 1.c: the hydrologic and hydrogeologic
characteristics of the site;
3-201.
1.d: the site hydrogeologic system, including the estimated
groundwater flow velocities, flow paths, travel times, and locations of
recharge and discharge areas; and
3-201.
1.e: previous contamination of the site, including water
quality.
3-201.2 For each
site, the Authority shall provide evidence that no groundwater discharge occurs
from any geological unit or zone as referenced in siting regulation
1-102.
3-201.3 The Authority shall
consider depth to groundwater, including seasonal variations in the water
table.
3-201.4 The Authority shall
consider the site's capacity to retard/attenuate radionuclides. This can
include discussions of redox potential, pH, organic carbon content, and
attenuation factors.
3-201.5 The
Authority shall:
3-201.5.a submit the results
of an inspection of the site which documents the presence of any standing
surface water or biota indicative of the presence of hydric soils;
and
3-201.5.b consider evidence of
active floodplains and terraces, past flooding and bank instability.
3-201.6 The Authority shall
consider the effects of erosion and mass wasting on the site due to the
probable maximum precipitation event.
3-201.7 The Authority shall consider
surficial geomorphic processes as described in Siting Regulation 1-301 such as
they may affect the ability of the site to meet performance
objectives.
3-201.8 The Authority
shall consider the potential susceptibility of site soils to
liquefaction.
3-201.9 The Authority
shall address the issue of whether any surface water or groundwater quality
standards could be reasonably expected to be violated by a facility at the
proposed site.
3-201.10 The
Authority shall consider the effect of site size on the ability of the site to
meet performance objectives.
3-201.11 The Authority shall identify and
consider potential radionuclide pathways in comparing potential
sites.
3-201.12 The Authority
shall:
3-201.12.a consider the potential need
to upgrade any existing roads or construct new roads to provide access to the
proposed site; and
3-201.12.b
consider the potential impacts to nearby population in the event of
transportation accidents.
3-201.13 The Authority shall:
3-201.13.a consider the impact of any nearby
or on-site facilities, structures, activities, materials, or existing
conditions on the ability of the site to be monitored;
3-201.13.b if materials are present which
could mask a monitoring system, demonstrate conceptually how a monitoring
system could distinguish them from leaks from the waste facility; and
3-201.13.c consider current background levels
of radioactivity within the site.
3-201.14 The Authority shall present the
results of a preliminary survey, including a walkover of the site which
indicates that no previously unidentified, threatened, or endangered species
are present at the site.
3-201.15
The Authority shall provide a preliminary assessment that there are not
exploitable natural resources in the site area.
3-202 If, prior to completion of the
preliminary investigation, the Authority determines one site is obviously
superior to the other sites being investigated, the Authority may stop the
investigation and determine the Best Potential Alternative Site as described in
4-102
3-203 If, prior to the
completion of a preliminary investigation, the Authority determines one site is
obviously inferior to the other sites being investigated, the Authority may
stop work on this site and continue the preliminary investigations on the other
site.
CHAPTER 4
PROCEDURES TO DECIDE WHETHER TO CHARACTERIZE AN ALTERNATIVE SITE OR TO PREPARE
A DRAFT LICENSE APPLICATION FOR A PREVIOUSLY CHARACTERIZED SITE
4-100 PROCEDURES FOR DECIDING, BY THE
AUTHORITY, TO CHARACTERIZE A CERTIFIED ALTERNATIVE SITE OR TO PREPARE A DRAFT
LICENSE APPLICATION FOR A DISPOSAL FACILITY AT A CHARACTERIZED SITE
4-101 The results of the preliminary
investigations shall be used by the Authority in determining the "Best
Potential Alternative Site" for the purpose of deciding to characterize a
certified site or to petition the legislature for approval to develop a license
application for a previously characterized site.
4-102 On the basis of the preliminary
investigations and other appropriate factors, the Authority shall compare the
alternative sites and issue a draft determination of the Best Potential
Alternative Site. After public comment on the draft decision, the Authority
shall make a final decision on the Best Potential Alternative Site.
4-103 The Authority shall submit to the
Agency a report justifying the basis for its decision regarding the Best
Potential Alternative Site. The Agency shall have twenty (20) working days from
the submission of the report to review and comment on the findings.
4-104 The Authority shall then, after public
comment, decide whether:
4-104.1 to
characterize the Best Potential Alternative Site, or
4-104.2 to petition the legislature for
approval to develop a draft license application for a previously characterized
site.
4-105 Prior to a
decision to characterize a certified site, the Authority must complete a report
on the strengths and weaknesses of a previously characterized site. ( 10 V.S.A.
7012(h))
4-106 If the Authority's
choice under 4-107 is to characterize the Best Potential Alternative Site, the
Authority shall, within 30 days, petition the legislature for approval of its
decision. ( 10 V.S.A. 7002(a)(9))
4
-107 Following characterization of an alternative site, the
Authority must again decide whether to characterize another certified site, or
petition the legislature for approval to develop a license application for a
previously characterized site. ( 10 V.S.A. 7002(a)(10))
4-108 If the Authority's choice or the
Legislature's directive under 4-104 is to petition the legislature to prepare a
draft license application for a previously characterized site, then the
Authority shall complete the requirements of 10 V.S.A. 7012(f). These
requirements follow:
4-108.1 conduct a social
and economic impacts study to determine the short-term and long-term effects
from the proposed disposal facility on the Vermont municipalities which
contain, or which are adjacent to municipalities containing, the proposed site
and determine the appropriate impact fees to be paid;
4-108.2 prepare a report on the strengths and
weaknesses of the site that has been characterized and comparing it to the best
potential alternative site identified by the Authority;
4-108.3 negotiate with the local
municipalities, or each municipality, where the proposed site is located, any
impact fees, other payments, or conditions to be included in the proposal to be
submitted to the voters and in the petition to be submitted to the
legislature;
4-108.4 hold at least
one public hearing near each site; and
4-108.5 obtain the consent of a majority of
the voters, present and voting at a duly warned meeting, of the municipality,
or of each municipality, where the proposed site is
located.
4-109 The
reports required by 4-103, 4-105, and 4-108.2 may be combined into a single
report or may be submitted separately; the report(s) may be the petition to the
legislature required under 4-108. Similarly the report in 4-105 may be the
petition required in 4-106.
4-110
The reports to be prepared under 7012(f) shall be submitted to the Agency for
review prior to their submission to the legislature. These may be combined into
a single report or submitted separately. The Agency shall have 20 working days
from the time of submission to review and comment on the findings of the
reports.
4-111 The reports to be
prepared under 7012(f)(1)&(2) shall be made available to the local
municipality or municipalities in which the site is located at least 15 days
prior to the initiation of negotiations, so they may have adequate time to
review its findings prior to negotiations with the Authority under
7012(f)(3).
4-112 The report to be
submitted under 7012(f)(2) shall be submitted to the legislature with the
Agency's review comments in support of a petition to allow for preparation of a
draft license application.
4-113 In
accordance with 7012(f)(3), the Authority shall submit to the legislature with
its petition a summary of the results of the negotiations with the local
municipalities, and any impact fees or other payments or conditions it has
agreed upon with the local municipality.
4
-114 In accordance with 7012(i):" A petition to the legislature to
prepare a draft license application must be accompanied by a proposed financing
plan for legislative enactment to cover the construction costs of the facility,
unless the Authority has opted to raise construction funds under provision of
Section
7015
of this chapter."
5-100
SITE CHARACTERIZATION PLANS AND PROCEDURES
5
-101 Procedures employed in the site characterization process
shall be sufficient to allow collection of data required for Agency license
review procedures and standards, and for preparation of a license application
to the U.S. Nuclear Regulatory Commission. Site characterization activities
must be completed within 18 months of a legislative decision approving a
petition to characterize an alternative site or sites.
5 -102 The Authority shall develop a
site-specific Site Characterization Plan for each site to be characterized. The
Site Characterization Plans shall describe in detail data collection
activities, and be consistent with NRC guidance and state standards.
5 -103 For each technical discipline in the
Site Characterization Plan, the Plan shall at a minimum present the following
information:
5-103.1 objectives and
assumptions;
5-103.2 scope,
including issues to be addressed and parameters to be measured;
5-103.3 applicable regulatory requirements
and guidance;
5-103.4 existing data
and agencies to be contacted;
5-103.5 the detailed field sampling program
and analytical procedures to quantify data collected;
5-103.6 the planned schedule of
activities;
5-103.7 impacts
associated with field work for the discipline;
5-103.8 organization of the technical
specialists who will perform the work; and
5-103.9 Quality Assurance/Quality Control and
reporting requirements.
5
-104 The Authority shall submit each Characterization Plan to the
Agency for review and comment at least 20 working days prior to its
implementation.
5 -105 The
Authority shall respond within 20 working days to comments submitted by the
Agency on the adequacy of each Characterization
Plan.
