§ 960.5-2-7 Transportation.

(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.