Review of New York State Low-Level Radioactive Waste Siting Process (1996)

Criterion 4 (existing and new mine methods)—Exclude all abandoned mines and all geologic traits that are less than or equal to 30 meters below the ground surface.

Geology

6 NYCRR 382.35(b)(1) An underground mined repository must be located at a depth below the ground surface of greater than 30 meters.

X

X

X

Criterion 6 (all disposal methods)—Exclude all reforestation areas or parts thereof established pursuant to Article 9, Title 5 of ECL

Natural resources

6 NYCRR 382.21(h)(1)(vi) The site must not be located on . . property which is

X^a

X

X

(vi) reforestation area or part thereof established pursuant to Article 9, Title 5 of the ECL;

6 NYCRR 382.21(c)(1) The site must not be located in an area where past, present, or future exploration or exploitation of natural resources could adversely affect the land disposal facility's ability to meet the performance objectives of Section 382 10-382.15 of this Part.

10 CFR 61.50(a)(4) Areas must be avoided having known natural resources which, if exploited, would result in failure to meet the performance objectives of Subpart C of this part.

6 NYCRR 382.21(h)(1)(i) The site must not be located on real property owned in fee by the federal, state, or municipal governments, or in which such governments have a lesser interest, where the alienation or use of such property is restricted by constitutional provision or statute, including, but not limited to, property which is:

(i) protected by Article 14 of the Constitution of the State of New York;

Criterion 11 (all disposal methods)—Exclude all areas immediately above the Long Island Aquifer, any primary public water supply aquifer, or a principal aquifer designated by the Departments of Environmental Conservation and Health.

Ground water hydrology

6 NYCRR 382.21(d)(3) The site must not be located where potential adverse effects on groundwater could result in contravention of groundwater quality standards or an impairment of the best intended usage as specified in Parts 701, 702, and 703 of this title

X

X

X

X

6 NYCRR 382.22(b)(2) The site must not be located immediately above the Long Island aquifer; any primary public water supply aquifer; or a principal aquifer designated by the department.

Criterion 15 (aboveground and belowground methods)—Exclude all significant perennial surface water bodies.

Surface water hydrology

6 NYCRR 382.22(a)(1) The site must not be in a 100-year floodplain, coastal hazard area or wetland, as defined in Executive Order 11988, ''Floodplain Management Guidelines," 42 Fed. Reg. 26951 (1977).

X

X

X

6 NYCRR 382.22(a)(2) The disposal site must not be located in a freshwater wetland designated pursuant to ECI, article 24, a tidal wetland designated pursuant to ECL article 25, a coastal erosion hazard area identified pursuant to ECI, article 34, or a flood hazard area as determined by the Federal Emergency Management Agency [(FEMA)] pursuant to 42 U S C. sections 4001, et seq.

6 NYCRR 382.23(b) The underground mined repository's surface facilities must not be placed m a 100-year floodplain, coastal erosion hazard arca, or wetland, as defined in Executive Order 11988, "Floodplain Management Guidelines," 42 Fed Reg. 26951 (1977).

Criterion 16 (all disposal methods)—Exclude 100-year floodplains as defined in Executive Order 11988, coastal erosion hazard areas pursuant to ECL Article 34, or flood hazard areas as determined by FEMA pursuant to 42 U S C Sections 4001, et seq.

Surface water hydrology

6 NYCRR 382.22(a)(1) The disposal site must not be in a 100-year floodplain, coastal hazard area or wetland, as defined in Executive Order 11988, "Floodplain Management Guidelines," 42 Fed. Reg. 26951 (1977).

X

X

10 CFR 61.50(a)(5) Waste disposal shall not take place in a 100-year floodplain, coastal high-hazard area or wetland, as defined in Executive Order 11988, "Floodplain Management Guidelines."

6 NYCRR 382.22(a)(2) The disposal site must not be located in a freshwater wetland designated pursuant to ECI, article 24, a tidal wetland designated pursuant to ECL article 25, a coastal erosion hazard area identified pursuant to ECL article 34; or a flood hazard area as determined by the Federal Emergency Management Agency pursuant to 42 U.S.C. Sections 4001, et seq

6 NYCRR 382.23(b) The underground mined repository's surface facilities must not be placed in a 100-year floodplain, coastal erosion hazard area, or wetland, as defined in Executive Order 11988, "Floodplain Management Guidelines," 42 Fed. Reg. 26951 (1977).

10 CFR 61.50(a)(5) Waste disposal shall not take place in a 100-year flood plain, coastal high-hazard area or wetland, as defined in Executive Order 11988, "Floodplain Management Guidelines"

Criterion 17 (aboveground and belowground methods)—Exclude wetlands as defined in Executive Order 11988; freshwater wetlands designated pursuant to ECL Article 24, tidal wetlands designated pursuant to ECL Article 25.

Surface water hydrology

6 NYCRR 382.21(h)(1)(ix) The site must not be located on. . property which is:

X^b

X

X

(ix) wetlands acquired or restored in part or in whole with state moneys pursuant to ECL, Article 51, or 52, or other statutory provision;

6 NYCRR 382,22(a)(1) The disposal site must not be in a 100-year floodplain, coastal hazard area or wetland, as defined in Executive Order 11988, "Floodplain Management Guidelines," 42 Fed Reg 26951 (1977).

6 NYCRR 382.22(a)(2) The disposal site must not be located in a freshwater wetland designated pursuant to ECL article 24; a tidal wetland designated pursuant to ECL article 25, a coastal erosion hazard area identified pursuant to ECL article 34, or a flood hazard area as determined by the Federal Emergency Management Agency pursuant to 42 U.S C. Sections 4001, et seq.

6 NYCRR 382.23(b) The underground mined repository's surface facilities must not be placed in a 100-year floodplain, coastal erosion hazard area, or wetland, as defined in Executive Order 11988, "Floodplain Management Guidelines," 42 Fed Reg. 26951 (1977).

10 CFR 61.50(a)(5) Waste disposal shall not take place in a 100-year flood plain, coastal high-hazard area or wetland, as defined in Executive Order 11988, "Floodplain Management Guidelines."

Criterion 26 (all disposal methods)—Exclude areas that are within pollutant nonattainment areas.

Air quality

40 CFR 81.333, National Ambient Air Quality Standards; DEC Air Guide 8, Map 1. Sate activities may not violate current air quality standards.

X

X

X

Criterion 28 (all disposal methods)—Exclude all areas where threatened or endangered species or designated critical habitats for such terrestrial or aquatic species or species of special concern, as determined pursuant to Title 16, Chapter 35 of the United States Code; Article 11 of the ECL; or 6 NYCRR Part 182, are present.

Ecology

6 NYCRR 382.21(h)(2)(vii) The site must not be located in the critical habitat of any endangered or threatened species as determined pursuant to Title 16 of Chapter 35 of the United States Code or in an essential habitat, as determined by the department, of a species which is designated as endangered or threatened pursuant to Article 11 of the ECL or designated as a species of special concern in Part 182 of this Title. An essential habitat does not include incidental areas passed in migration, other areas of casual use, or potential habitat

X

X

Criterion 32 (all disposal methods)—Exclude all villages, towns, cities, or unincorporated places, as defined in the 1980 decennial census or more recent census of the United States, New York State, or any political subdivision thereof performed by the U.S. Census, that have an average population density of more than 1,000 persons per square mile.

Demographic patterns

6 NYCRR 382.21(f)(4) No part of the site shall be located within any village, town, city, or unincorporated area having an average population density of more than 1,000 individuals per square mile as determined from the results of the 1980 decennial count of the U.S. Census or more recent census of the United States, New York State, or any political subdivision thereof.

X

X

X

X

Criterion 36 (all disposal methods)—Exclude all lands protected by the Federal government, including

Land use

6 NYCRR 382.21(h)(1)(ii) The site must not be located on . . . property which is.

X

X

X

X

- National Wildlife Refuge System

(ii) all or part of any national wildlife refuge established pursuant to the National Wildlife Refuge System, 16 U S.C. Sections 668dd and 668ee;

- Fish restoration areas

6 NYCRR 382.21 (h)(1)(iv) The site must not be located on . . . property which is:

X

X

(iv) acquired with the assistance of federal funding pursuant to the Dingell-Johnson Fish Restoration Act, 16 U S C Sections 777-777i and 777k or the Pittman-Robertson Act, 16 U S.C. Section 669-669i;

- Migratory bird reservations

6 NYCRR 382.21(h)(1)(v) The site must not be located on. . property which is:

X

X

(v) all or any part of any migratory bird reservation established pursuant to the Migratory Bird Conservation Act, 16 U.S.C. section 715;

- The National Wilderness Preservation System

6 NYCRR 382.21(h)(1)(viii) The site must not be located on . . . property which is:X

X

X

X

X

(viii) part of the National Wilderness Preservation System pursuant to Title 16, Chapter 23 of the U.S.C.,

- National Wild and Scenic Rivers System

6 NYCRR 382.21(h)(2)(ii) The disposal site must not be located on. . property which is:

X

X

X

(ii) subject to the State Wild, Scenic and Recreational Rivers System pursuant to ECL Article 15, Title 27, or the National Wild and Scenic Rivers System, pursuant to the Wild and Scenic Rivers Act, 16 U S.C. Section 1271 et seq.

- National Park System

6 NYCRR 382.21(h)(4) No part of the site may be located on real property which is within any national or state park.

X

X

X

X

Criterion 38 (all disposal methods)—Exclude all lands protected by New York State, including . . .

Land Use

6 NYCRR 382.21(h)(1)(i) The site must not be located on real property owned in fee by the federal, state, or municipal governments, or in which such governments have a lesser interest, where the alienation or use of such property is restricted by constitutional provision or statute, including, but not limited to, property which is:

X

X

X

X

- Adirondack Park

- Catskill Park

(i) protected by Article 14 of the Constitution of the State of New York;

6 NYCRR 382.21(h)(3) The site must not be located on real property which is within the Adirondack or Catskill Parks, as defined in ECL Ch.9-0101(1) and (2), respectively

- Wildlife management areas

6 NYCRR 382.21(h)(1)(iii) The site must not be located on. property which is:

X

X

X

- Game refuges

X

X

- Game farms

X

X

- Fish hatcheries

X

X

- Boat launches

(iii) a state wildlife management area, game refuge, fish hatchery, game farm, or any part of these or property in which tile state has an interest under the fishing access or other public access program established pursuant to Article 11 or Article 13 of the ECL;

X

X

- Fish restoration areas

6 NYCRR 382.21(h)(1)(iv) The site must not be located on . . . property which is:

X

X

(iv) acquired with the assistance of federal funding pursuant to the Dingell-Johnson Fish Restoration Act, 16 U S.C. Sections 777-777i and 777k or the Pittman-Robertson Act, 16 U.S.C. Section 669-6691;

- New York State Wild, Scenic, and Recreational Rivers System

6 NYCRR 382.21(h)(2)(ii) The disposal site must not be located on . . . property which is:

X

X

X

(ii) subject to the State Wild, Scenic and Recreational Rivers System pursuant to ECL Article 15, Title 27; or the National Wild and Scenic Rivers System, pursuant to the Wild and Scenic Rivers Act, 16 U.S.C. Section 1271 et seq.;

- State Park System

6 NYCRR 382.21(h)(4) No part of the site may be located on real property which is within any national or state park.

X

X

X

X

- Municipal parks established as of 31 December 1987

6 NYCRR 382.21(h)(5) No part of the site may be located on real property which is within any municipal park established as of December 31, 1987 or within any addition thereto.

X

Criterion 40 (all disposal methods)—Exclude all real property that cannot be acquired for facility use by the State of New York.

Land use

6 NYCRR 382.21(f)(2) The site must be located on real property to which the State of New York can obtain title in fee or any interest therein, as may be necessary.

X

6 NYCRR 382.21(f)(6) The site must not be located on any lands or reservations of Indian tribes or nations or on lands that are not subject to the laws and regulations of the State of New York, including but not limited to, lands owned by the federal government.

Criterion 41 (all disposal methods)—Exclude all Indian reservations and lands under jurisdiction of Indian nations.

Land use

6 NYCRR 382.21(f)(6) The site must not be located on any lands or reservations of Indian tribes or nations or on lands that are not subject to the laws and regulations of the State of New York, including but not limited to, lands owned by the federal government.

X

X

X

X

Criterion 44 (all disposal methods)—Exclude all lands in mineral soil groups 1-4, as designated by the New York State Land Classification System, that are in active agricultural production.

Land use

6 NYCRR 382.21(h)(6) The site must not contain more than 5 acres of lands in active agricultural use in mineral soil groups 1-4 as classified by the New York State Land Classification System, established by 1 NYCRR Part 370.

X^b

X

X

X

Criterion 46 (all disposal methods)—Exclude all lands within the boundaries of the Western New York Nuclear Services Center in West Valley, New York.

Land use

Ch. 673, Art. 29, Title 3, Sec. 29-0303, Subdiv. 7 (as amended by Chapter 913) Such site or sites shall not include the western New York nuclear service center

X

X

6 NYCRR 382.21(a)(1) The site must not be located at the Western New York Nuclear Service Center in West Valley, New York.

Criterion 57 (all disposal methods)—Exclude all area that are listed, nominated, or eligible for listing in the National or State Registers of Historic Places.

Cultural resources and aesthetics

6 NYCRR 382.21(h)(2)(i) The disposal site must not be located on real property where the alienation or use of such property is restricted by federal or state statute, including, but not limited to, property which. is:

X^a

X

X

(i) listed, nominated or eligible for listing in the National Register of Historic Places pursuant to the National Historic Preservation Act, 16 U.S.C. Sections 470 et seq., or the State Register of Historic Places pursuant to Article 14 of the Parks, Recreation and Historic Preservation Law;

Criterion 58 (all disposal methods)—Exclude all lands that have been dedicated to or acquired for the purpose of being dedicated to the State Nature and Historical Preserve.

Cultural resources and aesthetics

6 NYCRR 382.21(h)(l)(vii) The site must not be located on property which is:

X

(vii) dedicated to or acquired for the purpose of being dedicated to the State Nature and Historical Preserve pursuant to ECL Article 45, State Nature and Historical Preserve Act;

1

Geology

Prefer areas that contain uniformly distributed soils, sediments, and/or rock that are relatively undeformed and devoid of fractures, faults, and other discontinuities that may influence predictions of performance of the facility

X

X

X

45

2

Geology

Prefer areas of lower seismic hazard based on predicted maximum horizontal ground acceleration as given by Algermissen et al. (1982).

X

X

X

20

3

Geology

Prefer areas that do not demonstrate significant past or active subsurface dissolution.

X

X

X

35

5

Geology

Prefer host geologic units that can accommodate the vertical and horizontal space required for all disposal facilities and any necessary buffer zone.

X

X

X

X

35

7

Natural resources

Prefer areas that are distant from active or nearby abandoned mines.

X

X

20

8

Natural resources

Prefer areas that do not have likely economic mineral resource potential.

X

X

20

9

Natural resources

Prefer existing mines and nearby areas that do not have economic mineral or energy resource potential.

10

Natural resources

Prefer areas that are distant from active or abandoned oil or gas fields, underground injection wells, underground gas storage area, and areas of solution mining.

X

X

X

20

12

Ground water hydrology

Prefer areas that are distant from primary or principal aquifers, hydrogeologic units that fit the definition of principal aquifers, and well head areas for community water supply systems.

X

X

X

X

55

13

Ground water hydrology

Prefer areas that are distant from significant surface water features that are likely to be sustained by groundwater discharge through the site.

X

X

X

40

14

Ground water hydrology

Prefer unconsolidated stratigraphic units that restrict groundwater flow and retard radionuclide movement.

X

X

X

40

18

Surface water hydrology

Prefer areas that are distant from wetlands as defined in Executive Order 11988; fresh water or tidal wetlands designated pursuant to ECL Articles 24 or 25; or areas that may be under Federal jurisdiction as wetlands. The latter includes areas that have any of the following conditions (1) Hydric soils (SCS or U.S. Army Corps of Engineers classification), (2) National Wetlands Inventory classification, and (3) extensive areas of less than 2 percent slope.

X

X

X

30

19

Surface water hydrology

Prefer sites that are well drained and free from areas of potential ephemeral flooding or ponding from streams and runoff.

X

X

X

30

20

Surface water hydrology

Prefer sites exhibiting no existing or potential erosional characteristics that could adversely affect waste containment.

X

X

X

35

21

Surface water hydrology

Prefer areas where there is no potential for flooding from failure of upstream man-made impoundments.

X

X

25

22

Surface water hydrology

Prefer areas where location of a disposal facility is unlikely to impair the best usage of surface waters, as measured against water quality standards.

X

X

X

X

30

23

Meteorology and climatology

Prefer areas with relatively low annual amounts of precipitation.

X

X

X

20

24

Meteorology and climatology

Prefer areas that are not prone to chronic severe weather phenomena such as heavy snowfall.

X

X

X

15

25

Meteorology and climatology

Prefer sites that are not prone to frequent incidence of severe weather.

X

X

20

27

Air quality

Prefer areas where a significant PSD increment is available for consumption, especially for total suspended particulates and inhalable particulates.

X

30

29

Ecology

Prefer areas that are distant from critical habitats of terrestrial or aquatic species that are threatened or endangered or that have been proposed for inclusion as threatened or endangered species, as determined pursuant to Title 16, Chapter 35 of the United States Code, Article 11 of the ECL, or 6 NYCRR Part 182; and areas inhabited by other important species.

X

X

55

30

Incompatible nearby activities

Prefer areas that are as far as practicable from any existing facility or natural source that could generate and/or release radioactive or non-radioactive materials that may mask the environmental monitoring program.

X

X

X

20

31

Incompatible nearby activities

Prefer areas that are distant from nearby activities that could interfere with the ability of the facility to meet the performance objectives of 6 NYCRR Part 382, Subpart C.

X

X

20

33

Demographic patterns

Prefer areas that exhibit low population densities.

X

X

X

45

34

Demographic patterns

Prefer areas that are distant from highly populated places, as defined by the U.S. Census (greater than 2,500 persons).

X

X

X

45

35

Demographic patterns

Prefer areas that are distant from concentrations of nonresident population.

X

X

25

37

Land use

Prefer areas that are distant from lands protected by the Federal government.

X

X

X

10

39

Land use

Prefer areas that are distant from lands protected by New York State.

X

X

X

10

42

Land use

Prefer areas that are distant from Indian lands.

X

X

X

10

43

Land use

Prefer government-owned lands that have not been otherwise excluded from consideration.

X

20

45

Land rise

Prefer areas where development or significant local population increases will not be imminent

X

20

47

Transportation

Prefer areas near the interstate highway system, other major (multilane, limited access) roadways, or existing rail lines.

X

X

X

10

48

Transportation

Prefer sites served by routes that are not currently congested

X

10

49

Transportation

Prefer sites that utilize routes that do not require new construction or structural improvements to handle waste shipments

X

X

5

50

Transportation

Prefer sites where access is available by more than one mode.

X

X

5

51

Transportation

Prefer areas that are close to major waste generators.

X

X

X

20

52

Transportation

Prefer sites for which the access routes exhibit low accident rates, as measured by the actual numbers of accidents, resulting property damage, and lives lost.

X

15

53

Transportation

Prefer sites served by routes that do not pass through incorporated areas upon leaving the major transportation system (e.g., interstate highway system).

X

X

10

54

Socioeconomics/ community services

Prefer sites where there is a sufficient work force available with the required labor skills to construct and operate the disposal facility.

X

10

55

Socioeconomics/ community services

Prefer sites with an adequate or excess housing stock (in terms of quality, number, and affordability) within a reasonable commuting distance or time.

X

10

56

Socioeconomics/ community services

Prefer sites, within reasonable commuting distance or time, where municipal services (e.g., sewer, water, schools, emergency services) have not reached capacity and where the disposal facility will not create a disproportionate demand on these services

X

15

59

Cultural resources and aesthetics

Prefer sites that do not contain other archeological, cultural, or historical resources.

X

X

X

20

60

Cultural resources and aesthetics

Prefer sites where the disposal facility will not degrade the present scenery or viewshed.

X

15

61

Cultural resources and aesthetics

Prefer sites that do not have people or animals in close proximity that may be sensitive to noise

X

10