10 CFR 960.3-2-2-2 - Selection of sites within geohydrologic settings.

§ 960.3-2-2-2 Selection of sites within geohydrologic settings.
Second, the siting provision requiring diversity of geohydrologic settings, as specified in § 960.3-1-1, shall be applied to group all potentially acceptable sites according to their geohydrologic settings. Third, for those geohydrologic settings that contain more than one potentially acceptable site, the preferred site shall be selected on the basis of a comparative evaluation of all potentially acceptable sites in that setting. This evaluation shall consider the distinguishing characteristics displayed by the potentially acceptable sites within the setting and the related guidelines from subparts C and D. That is, the appropriate guidelines shall be selected primarily on the basis of the kinds of evidence among sites for which distinguishing characteristics can be identified. Such comparative evaluation shall be made on the basis of the qualifying conditions for those guidelines, considering, on balance, the favorable conditions and potentially adverse conditions identified at each site. Due consideration shall also be given to the siting provisions specifying the basis for site evaluations in § 960.3-1-5, to the extent practicable, and diversity of rock types in § 960.3-1-2, if the circumstances so apply. If less than five geohydrologic settings are available for consideration, the above process shall be used to select two or more preferred sites from those settings that contain more than one potentially acceptable site, as required to obtain the number of sites to be nominated as suitable for characterization. For purposes of the second and subsequent repositories, due consideration shall also be given to the siting provision for regionality as specified in § 960.3-1-3. Fourth, each preferred site within a geohydrologic setting shall be evaluated as to whether such site is suitable for the development of a repository under the qualifying condition of each guideline specified in subparts C and D that does not require site characterization as a prerequisite for the application of such guideline. The guidelines considered appropriate to this evaluation have been selected on the basis of their exclusion under the definition of site characterization as specified in § 960.2. Although the final application of these guidelines, in accordance with the provisions set forth in appendix III of this part, does not require geologic data from site-characterization activities, such application will require additional data beyond those specified in appendix IV of this part, which will be obtained concurrently with site characterization. Such guidelines include those specified in § 960.4-2-8-2 (Site Ownership and Control) of subpart C; §§ 960.5-1(a)(1) and 960.5-1(a)(2) of subpart D (preclosure system guidelines for radiological safety and environmental quality, socioeconomics, and transportation); and §§ 960.5-2-1 through 960.5-2-7 of subpart D (Population Density and Distribution, Site Ownership and Control, Meteorology, Offsite Installations and Operations, Environmental Quality, Socioeconomic Impacts, and Transportation). This evaluation shall consider on balance those favorable conditions and potentially adverse conditions identified as such at a preferred site in relation to the qualifying condition of each such guideline. For each such guideline, this evaluation shall focus on the suitability of the site for the development of a repository by considering the activities from the start of site characterization through decommissioning and shall support a finding by the DOE in accordance with the application requirements set forth in appendix III of this part. Fifth, each preferred site within a geohydrologic setting shall be evaluated as to whether such site is suitable for site characterization under the qualifying conditions of those guidelines specified in subparts C and D that require characterization (i.e., subsurface geologic, hydrologic, and geochemical data gathering). Such guidelines include those specified in § 960.4-1(a) (postclosure system guideline); §§ 960.4-2-1 through 960.4-2-8-1 of subpart C (Geohydrology, Geochemistry, Rock Characteristics, Climatic Changes, Erosion, Dissolution, Tectonics, Human Interference, and Natural Resources); § 960.5-1(a)(3) (preclosure system guideline for ease and cost of siting, construction, operation, and closure); and § 960.5-2-8 through 960.5-2-11 of subpart D (Surface Characteristics, Rock Characteristics, Hydrology, and Tectonics). This evaluation shall consider on balance the favorable conditions and potentially adverse conditions identified as such at a preferred site in relation to the qualifying condition of each such guideline. For each such guideline, this evaluation shall focus on the suitability of the site for characterization and shall support a finding by the DOE in accordance with the application requirements set forth in appendix III of this part.

Title 10 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 2000d - Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

42 U.S. Code § 2000d–1 - Federal authority and financial assistance to programs or activities by way of grant, loan, or contract...requirements; reports to Congressional committees; effective date of administrative action

42 U.S. Code § 2000d–2 - Judicial review; administrative procedure provisions

42 U.S. Code § 2000d–3 - Construction of provisions not to authorize administrative action with respect to employment practices except where primary objective of Federal financial assistance is to provide employment

42 U.S. Code § 2000d–4 - Federal authority and financial assistance to programs or activities by way of contract of insurance or guaranty

42 U.S. Code § 2000d–4a - “Program or activity” and “program” defined

42 U.S. Code § 2000d–5 - Prohibited deferral of action on applications by local educational agencies seeking Federal funds for alleged noncompliance with Civil Rights Act

42 U.S. Code § 2000d–6 - Policy of United States as to application of nondiscrimination provisions in schools of local educational agencies

42 U.S. Code § 2000d–7 - Civil rights remedies equalization

§ 2011 - Congressional declaration of policy

§ 2012 - Congressional findings

§ 2013 - Purpose of chapter

§ 2014 - Definitions

§ 2015 - Transfer of property

§ 2015a - Cold standby

§ 2015b - Scholarship and fellowship program

§ 2015c - Partnership program with institutions of higher education

§ 2016 - Repealed.

§ 2017 - Authorization of appropriations

§ 2017a - Omitted

42 U.S. Code § 2017a–1 - Omitted

§ 2017b - Omitted

§ 2018 - Agency jurisdiction

§ 2019 - Applicability of Federal Power Act

§ 2020 - Licensing of Government agencies

§ 2021 - Cooperation with States

§ 2021a - Storage or disposal facility planning

§ 2021b - Definitions

§ 2021c - Responsibilities for disposal of low-level radioactive waste

§ 2021d - Regional compacts for disposal of low-level radioactive waste

§ 2021e - Limited availability of certain regional disposal facilities during transition and licensing periods

§ 2021f - Emergency access

§ 2021g - Responsibilities of Department of Energy

§ 2021h - Alternative disposal methods

§ 2021i - Licensing review and approval

§ 2021j - Radioactive waste below regulatory concern

§ 2022 - Health and environmental standards for uranium mill tailings

§ 2023 - State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission

§ 7101 - Definitions

§ 10101 - Definitions

§ 10102 - Separability

§ 10103 - Territories and possessions

§ 10104 - Ocean disposal

§ 10105 - Limitation on spending authority

§ 10106 - Protection of classified national security information

§ 10107 - Applicability to atomic energy defense activities

§ 10108 - Applicability to transportation