NRC Update of LLW Emerging Issues Larry W. Camper CEP, REP, CIPM Director Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Spring 2015 Meeting Low-Level Radioactive Waste Forum Alexandria, Virginia

Topics LLW Program Overview 10 CFR Part 61 Low-Level Waste (LLW) Disposal Rulemaking SRM Chronology/Next Steps Revisions to NUREG/BR-0204 (Uniform Waste Manifest) Update of LLW Programmatic Assessment Summary 2

LLW Program Overview LLW Program Uniform Waste Manifest Programmatic Assessment Part 61 Rulemaking Next Part 61 Rulemaking?? Transuranic Waste LLW Program CA BTP Implementation GTCC Waste 3

10 CFR Part 61 LLW Disposal Rulemaking 4

Commission Direction: SRM-SECY-08-0147 (2009) Two tasks: Specify a requirement for a site-specific analysis, technical parameters (i.e., new definitions and performance period) to support such analysis, and develop a guidance document. “…in a future budget request, the staff should propose the necessary resources for a comprehensive revision to risk-inform the Part 61 waste classification framework, with conforming changes to the regulations as needed, using updated assumptions and referencing the latest ICRP methodology…” “…This effort should explicitly address the waste classification of depleted uranium…”

Commission Redirection: SRM-COMWDM-11-0002 /COMGEA-11-0002 (2012) Flexibility to use current International Commission on Radiological Protection (ICRP) dose methodologies Two-tiered period of performance: Tier 1: Compliance period covering reasonably foreseeable future Tier 2: Longer period based on site characteristics and peak dose to a designated receptor, that is not a priori Flexibility to establish site-specific waste acceptance criteria based on performance and intruder assessments Balance Federal-State alignment and flexibility 6

Commission Direction: Revised SRM-SECY-13-0001 (2013) In Revised SRM-SECY-13-0001, issued March 26, 2013, Commission directed staff to: end further efforts associated with comprehensive rulemaking discussed in SECY-10-0165 and proceed with limited rulemaking solicit public comments on need for second rulemaking effort for waste classification tables and provide CA note with objectives and timeline for developing regulatory basis of second rulemaking avoid additional changes that might delay limited scope rulemaking 7

Commission Direction: SRM-SECY-13-0075 (2014) 8

Defense-in-Depth SRM-SECY-13-0075 directed rule to specify: Licensing decisions are based on DID protections Combination of DID and PA are “safety case” for licensing Attributes of safety case Staff approach Identifies attributes of safety case [61.10(b)] Requires new analysis to demonstrate DiD protections [61.13(f)] Defense-in-Depth: The use of multiple, independent, and redundant layers of defense so that no single layer, no matter how robust, is exclusively relied upon for safety. 9

Inadvertent Intruder SRM-SECY-08-0147 directed staff to specify requirements for site-specific analyses SECY-13-0075 approach requires intruder assessment to demonstrate 61.42 PO met SRM-SECY-13-0075 approved SECY-13-0075 approach, built upon compliance and protective assurance period assumptions. SRM-SECY-13-0075 directed intruder assessment to be based on scenarios that are realistic and consistent with expected activities around the site at closure. 10

Commission Direction: SRM-SECY-13-0075 (2014) The proposed rule should be published with a compatibility category “B” applied to the most significant provisions of the revised rule, including the Compliance Period, the Protective Assurance Period and its analytical threshold, and the Waste Acceptance Criteria. Realistic intruder scenarios based on expected activities on and around the disposal site at the time of closure Licensing decisions are to be based on defense-in-depth (DID) protections (e.g. siting, waste forms) and performance assessment (PA) goals/insights. This combination of DID and PA is the safety case for licensing. Thorough review of guidance by LLW community 11

SRM Chronology 12

SRM-Commission Briefing on Blending (2010) As a separate task, the staff should provide the Commission with the staff’s approach to initiate activities related to a risk-informed, performance-based comprehensive revision to Part 61, including the resources and the timeline for completing the rulemaking. 13

SRM-COMWDM-11-0002 /COMGEA-11-0002 (2012) The changes considered as part of the current rulemaking should be limited to revisions to address the four issues identified. The staff should, separate from any actions resulting from this SRM, continue to engage stakeholders to pursue the possibility of the other risk-informed revisions to 10 CFR Part 61 outlined in SECY-10-0165. Continued on next page 14

SRM-COMWDM-11-0002/ COMGEA-11-0002 (2012) Recognizing that the path forward on revisions on the issues outlined in SECY-10-0165 depend in part on the final content of the limited rulemaking, the notation vote paper providing the staff’s recommendations on which, if any, of the risk-informed revisions in SECY-10-0165 should be implemented should be submitted to the Commission after completion of the limited rulemaking. 15

SRM-13-0001 (2013) The staff should end further efforts associated with SECY-10-0165, “Staff’s Approach to Comprehensive Revision to 10 CFR Part 61,” and proceed with the integrated approach to revising 10 CFR Part 61 as described in SECY-13-0001. Continued on next page 16

SRM-13-0001 (2013) After the limited rulemaking is complete, the staff should provide a CA note to the Commission on the second rulemaking effort for the waste classification tables. The CA note should outline the objectives and timeline for developing the regulatory basis of this second rulemaking, in consideration of the outcome of the near-term limited rulemaking that will precede it. The CA note to the Commission should identify the specific comments that have been received on the need for a second rulemaking, and clearly articulate the basis in accepting or dismissing their comments. 17

Next Steps Staff published proposed rule language, statement of considerations, and guidance document on March 26, 2015 Comment period for proposed rule and guidance document ends on July 24, 2015 Extensive stakeholder outreach 120 days comment period Several public meetings to engage stakeholders Final rule/Discussion to Commission on need for second rulemaking 18

Proposed Revisions to Instructions for Completing NRC's Uniform Low-Level Radioactive Waste Manifest (NUREG/BR-0204) 19

Uniform Waste Manifest (UWM) and NUREG/BR-0204 10 CFR Part 20 Appendix G requires that an NRC UWM be prepared for waste intended for ultimate disposal at a licensed LLW land disposal facility. Requires separate manifest totals for H-3, C-14, Tc-99, and I- 129 (the Phantom 4) NUREG/BR-0204 provides instructions for completing NRC’s UWM. If the radionuclides are present in a shipment at levels less than the Lower Limit of Detection (LLD), the LLD value must be reported.

Uniform Waste Manifest (UWM) and NUREG/BR-0204 (cont.) Staff identified necessary changes to UMW and NUREG Changes should be completed in conjunction with Part 61 Rule Staff developed Regulatory Issue Summary (RIS) in Interim

UWM RIS and Public Comments Draft RIS clarified use of indirect methods to report Phantom 4 Range of Public Comments Allow use of industry scaling factors for Tc-99 and I-129 instead of using lower limit of detection (LLD) values Change UWM certification statement to reflect shipments for direct disposal and shipments to processors Inappropriate to sum LLD values on the UWM Final RIS issued in February 2015 NRC/EPRI Alignment 22

Low-Level Waste Programmatic Assessment 23

Status of the 2007 Strategic Assessment Strategic Assessment 7 high prioritized activities Review and Update Guidance on Extended Storage Develop Guidance on 10 CFR 20.2002 Alternate Disposal Requests * Determine if disposal of large quantities of Depleted Uranium would change waste classification tables * Update Branch Technical Position on Concentration Averaging and Encapsulation Develop guidance on alternate waste classification (10 CFR 61.58). Develop Procedures for Import/Export Reviews Perform scoping study of the need to revise/expand byproduct material financial assurance Completed, * In progress 24

Stakeholder Comments Numerous comments were received, including comments on: Low activity waste Waste classification Clearance Disposal capacity Gap analysis New waste streams Sealed sources Waste attribution 25

14 Tasks Task Rank Complete and Implement SSA Rulemaking High Update the Waste Classification Tables Implement the Updated CA BTP Perform scoping study of byproduct material financial assurance to account for life-cycle cost Clarify the regulatory authority of GTCC waste disposal and develop licensing criteria for a GTCC disposal facility Finalize internal procedure/Standard Review Plan for 10 CFR 20.2002 requests Update NUREG/BR-0204 for UWM Develop guidance that summarizes disposition options for low-activity waste (LAW) Med Update and consolidate LLW guidance into one NUREG Coordinate with other agencies on consistency in regulating LAW and determine the impact of LAW disposal from radiological dispersal devices (RDD) Promulgate rule for disposal of low-activity waste (LAW) Develop procedures for Import/Export Review Low Examine the need for guidance on defining when radioactive material becomes LLW Develop and implement the national waste tracking system 26

Next Steps Draft list of 14 tasks was published in the Federal Register on March 13, 2015 Comment period expired on April 13, 2015 Staff is evaluating comments received Once comments are evaluated, final step is to issue information paper to Commission with the staff’s conclusions 27

NRC LLW Program Summary Proposed 10 CFR Part 61 Rulemaking Completing all Commission Direction Concentration Averaging and Encapsulation BTP NUREG/BR-0204 LLW Programmatic Assessment 28

Questions? 29