Proposal from WCS to License a Disposal Cell for GTCC, GTCC-like and TRU Waste J. Scott Kirk, CHP Vice President of Licensing & Regulatory Affairs Low-Level Radioactive Waste Forum Chicago, IL, October 23, 2015

WCS Overview WCS is the first operating facility licensed to dispose of Class A, B and C LLW under the LLWPA of 1980 (as amended in 1985). Disposal authorized in the Texas Compact Waste Disposal and Federal Waste Disposal Facilities 3,890,000 Ci for CWF 5,600,000 Ci for FWF Licensed by Texas Commission on Environmental Quality (TCEQ) Located in Andrews County, Texas.

WCS Site Operations Aerial Overview

A National Solution Needed WCS supports the initiatives taken by Texas, NRC, and DOE to provide a permanent disposal pathway for GTCC, GTCC-like, and TRU waste that are currently orphaned. Assists in providing a disposal solution for IAEA Category 1, 2, 3 disused sealed sources as envisioned in the Energy Policy Act of 2005. Also provides a disposal pathway for GTCC-like LLW that has been orphaned at several DOE facilities.

SECY-15-0094 The NRC issued SECY-15-0094 providing a options to the Commissioners that may provide a disposal pathway for GTCC, GTCC-like, and TRU Waste. Three options were proposed by the NRC Staff: Option 1: The NRC would license and regulate the receipt and disposal of GTCC waste at WCS and would pursue rulemaking to amend Part 61 to address TRU waste disposition. Option 2: The NRC would allow the State of Texas to license and regulate the disposal of GTCC waste and NRC staff would pursue a rulemaking to address TRU waste disposal in Part 61. Option 3: No-action.

SECY-15-0094 (Cont.) NRC Staff recommended Option 2. Offers the benefit of providing generic regulatory requirements for disposal of GTCC and TRU waste. Consistent with the historical Commission statements expressing a desire to retain the option of allowing States to regulate GTCC waste disposal. Advantageous because Texas is familiar with the site, resulting in greater regulatory flexibility if responsible for the licensing of a GTCC waste disposal cell at WCS. Would establish clear-cut Federal and State licensing pathways for disposal of GTCC LLW. On August 13, 2015, NRC Commissioners were briefed in staff recommendations and provided with an opportunity to hear view from other stakeholders.

WCS’ Perspectives WCS agrees with the NRC Staff that Option 2 is preferable. Consistent with a framework more closely aligned with ensuring disposal of waste is based on risk, as opposed to its origin and statutory definition. It makes sense, NRC previously regulated, but relinquished its authority to Agreement States over disposal facility regulated under Part 61. Consistent with historical NRC statements expressing a desire to retain the option of allowing Agreement States to regulate the disposal of GTCC LLW. Texas has extensive knowledge of the WCS facilities that would lead to greater regulatory efficiencies.

WCS’ Perspectives (Cont.) NRC regulatory oversight is provided through the Agreement State Integrated Materials Performance Evaluation Program. Avoids having to construct a new cell for the disposal of commercial GTCC LLW that would be licensed by the NRC. Avoids dual regulatory authority governing the disposal of commercial GTCC and DOE owned or generated LLW.

WCS’ Perspectives (Cont.) A separate rulemaking is needed to ensure that waste containing certain alpha-emitting transuranic radionuclides at concentrations exceeding 100 nCi/g are not orphaned. Some stakeholders have suggested to expand the current Part 61 rulemaking to also address TRU waste.

LLWPAA of 1985 Under Section 3(b)(1)(A)-(D) of the LLWPAA, Congress charged DOE with the responsibility of disposal of DOE owned or generated Class A, B, C, and GTCC-like, as well as commercial GTCC LLW. Under Section 3.b(2) of the LLWPAA, Congress charged the NRC with the authority to license and develop technical requirements regarding the disposal of commercial GTCC LLW. Congress did not assign the responsibility of regulating GTCC-like LLW to the NRC.

Texas Statute and Regulations Texas legislature created a framework that provided a disposal pathway for both commercial and DOE owned or generated LLW. Distinguished between waste that is the responsibility of federal government vs. States. Federal Facility Waste must be disposed of at the Federal Waste Disposal Facility. Commercial LLW must be disposed of at the Texas Compact Waste Disposal Facility. Texas Radiation Control Act Federal facility waste--Low-level radioactive waste that is the responsibility of the federal government under the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 United States Code, §2021b - 2021j).

Texas Statute and Regulations In 2003, TCEQ established regulations governing the disposal of LLW compatible with Part 61, following enactment of the Texas Radiation Control Act. Regulations prohibited disposal of waste exceeding Class C limits or waste not suitable for near surface disposal. Also defined TRU waste as certain alpha-emitting transuranic radionuclides exceeding 100 nCi/g. NRC regulations do not define TRU waste. A Part 61.58 regulation was not required, nor included in 30 TAC 336.

Petition for Rulemaking WCS submitted a Petition for Rulemaking that was unanimously approved by the TCEQ Commissioners on September 10, 2014. TCEQ Commissioners directed staff to reach out to its federal counter parts to seek clarification of its jurisdiction and authority to regulate GTCC, GTCC-like, and TRU waste. The rulemaking seeks to better align Texas regulations with State and Federal statutes and regulations.

Petition for Rulemaking (Cont.) Preserves the NRC authority to license and determine standards for disposal of commercial GTCC LLW. Recognizes that an Agreement State is authorized to regulate disposal of non-commercial GTCC-like LLW. Petition proposed changes to Texas regulations removing the prohibitions to dispose of GTCC LLW and incorporate 61.58 provisions into 30 TAC 336.

Disposal of Federal Facility Waste Commercial and DOE owned or generated GTCC LLW may only be disposed of at the Federal Waste Disposal Facility (FWF). DOE responsible for taking title of FWF after post closure. Texas Statute required written agreement with DOE for disposal of waste in the FWF.

TRU

Definition of LLW

Technical Basis Establishing Class C Limits NRC established the Class C limits in the initial Part 61 rulemaking based on scenarios for protecting the inadvertent intruder. Those assumptions differ significantly from those used at WCS: On-site agricultural resident scenario that relied on water for irrigation and drinking water. Limited to disposal facilities located in humid environments. Required disposal of Class C LLW at a depth only 5 meters below grade, or with intruder barriers designed to last at least 500 years. Waste exceeding Class C limits considered not generally suitable for near surface disposal.

Near Surface Disposal Barnwell Wastes that was not generally suitable for near surface disposal in the 1980s could be demonstrated suitable in 2015. Deeper depth of disposal Multiple intrusion barriers Minimal rainfall High rate of evapotranspiration Lack of potable water, etc. Historical scenarios do not reflect modern disposal practices, especially in an arid environment. WCS

Environmental Impact Statement on GTCC LLW The DOE may select a commercial entity as one of its Preferred Alternatives in its Final EIS. Draft EIS evaluated using an enhanced near surface disposal vault facility similar to the FWF for disposal of GTCC and GTCC-like LLW. Characteristics include features such as barriers, deeper depth to disposal, and enhanced waste packaging. DOE Final EIS expected to be issued by the end of this year.

Site Characteristics and Engineering Design All waste is disposed of in impermeable redbed clays (Dockum Formation) that are 600-800 thick. Non-potable water tables located 600 – 1000 feet below grade. Located in an arid climate with rainfall less than 15 inches per year Evapotranspiration potential over 60 inches of water per year.

Modular Concrete Canisters: Enhanced Waste Packages Modular Concrete Canisters (MCCs) serve as an enhanced disposal package. High Density MCCs are currently used to substantially reduce radiation levels for disposal of Irradiated Hardware. MCCs weigh up to 100,000 lbs and 10 ft in height. Intruder resistant, reduce radiation levels and impede mobility of radionuclides. Stacked up to 7 high in the FWF. Depth of disposal deeper than 30 meters possible.

Conclusions WCS commends the NRC, TCEQ and DOE for their leadership in moving forward with a disposal pathway for GTCC and TRU. Option 2 provides regulatory efficiencies and is the best course of action to provide a disposal pathway for GTCC, GTCC-like, and TRU waste. A separate rulemaking is needed to ensure that TRU waste is no longer orphaned. Consistent with a framework more closely aligned with ensuring disposal of waste is based on risk, as opposed to its origin and statutory definition. Waste that was not suitable for near surface disposal in the 1980s, may be suitable for disposal an enhanced near surface disposal facility at WCS.