Inquiry from Texas Regarding Disposal of GTCC, GTCC-like, and TRU Waste J. Scott Kirk, CHP Vice President of Licensing & Regulatory Affairs Low-Level Radioactive Waste Forum Park City, Utah, April 13, 2016

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

Significant Strides in the Past Year for GTCC Disposal WCS submitted a Petition for Rulemaking that was unanimously approved by the TCEQ Commissioners on September 10, 2014. Petition sought to better align Texas regulations with State and Federal statutes and regulations. 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.

Significant Strides in the Past Year for GTCC Disposal (Cont.) On January 30, 2015, TCEQ requested clarification from the NRC regarding its jurisdiction and authority to regulate GTCC, GTCC-like and TRU waste. Directions provided by the NRC Commissioners regarding potential disposal pathways for GTCC LLW and TRU waste on December 23, 2015. On February 25, 2016, DOE completes its Final EIS on GTCC and GTCC-like LLW. On March 9, 2016, NRC responds back Texas’ question regarding its authority and jurisdiction to regulate the disposal of GTCC, GTCC-like, and TRU waste.

Staff Requirements Memorandum (SECY-15-0094) On December 22, 2015, NRC Commissioners approved publication of SRM directing the following: Develop a Regulatory Basis within 6 months of finalizing the Part 61 rulemaking. Regulatory basis would determine whether or not NRC should retain licensing authority over GTCC LLW. A high bar considering NRC retains exclusive licensing authority over reactors, fuel cycle facilities, and ISFSIs.

Staff Requirements Memorandum (Cont.) Directed Staff to prepare a letter regarding Texas’ authority to regulate GTCC LLW. If staff determines that some or all of GTCC LLW is suitable for near surface disposal then a rulemaking would be required to establish technical disposal requirements under Part 61. Part 61 applies only to a “near surface” disposal facility (upper 30 meters of the Earth’s crust). NRC reserved certain parts in Part 61, as part the 1989 GTCC rulemaking, which could lead to further regulatory changes for waste disposed at depths greater than 30 meters.

Staff Requirements Memorandum (Cont.) Commissioners directed staff to resolve discrepancy in TRU waste (i.e., waste with certain transuranic radionuclides exceeding 100 nCi/g is a form of GTCC LLW). Commissioners reaffirmed that the case-by-case review contemplated in Part 61.55(a)(2)(iv) is currently available to licensees to consider in the near term.

Definition of LLW

New Rulemaking Required to Address Inconsistency

NRC Response to Texas NRC acknowledged discrepancy between TRU waste and definition of LLW in 10 CFR 61. Stated that waste containing transuranic elements exceeding 100 nCi/g cannot be disposed of at the time. Commission directed staff to consider addressing TRU waste in an amendment to §61.2.

NRC Response to Texas (Cont.) NRC will take additional steps to inform a generic decision regarding GTCC and TRU waste: Regulatory basis for disposing of GTCC LLW that may lead to future changes to Part 61. Regulatory basis is an analysis that addresses why a current regulation or policy needs to be changed and proposes different approaches to resolve any outstanding issues. Analysis would serve to determine whether disposal of GTCC LLW presents a hazard such that the NRC should retain authority over disposal of GTCC pursuant to Section 274.c(4) of the Atomic Energy Act. Complete regulatory basis within 6 months of the completion of the ongoing Part 61 rulemaking.

NRC Response to Texas (Cont.) NRC plans to hold a public workshop with interested stakeholders and TCEQ. If the staff determines that some or all of the GTCC LLW may be disposed of in a Part 61 licensed facility, staff will proceed with developing a proposed rule to include disposal criteria. NRC reiterated that 61.55(a)(2)(iv) provides a mechanism for parties seeking to dispose of GTCC LLW case-by-case basis in the near term.

Environmental Impact Statement on GTCC LLW On February 25, 2016, DOE issued its final EIS on GTCC and GTCC-like LLW. The DOE selected WIPP and/or commercial disposal facilities as its Preferred Alternatives. WCS’ Petition for Rulemaking to establish a regulatory framework for the disposal of GTCC LLW discussed. DOE required to submit a report to Congress before issuing a ROD. Congressional direction on specific actions needed prior to issuance of ROD.

Enhanced Near Surface Disposal Facility Final EIS evaluated using an enhanced near surface disposal vault facility Design is 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.

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.

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 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 evapo-transpiration, Lack of potable water, etc. Historical scenarios do not reflect modern disposal practices, especially in an arid environment.

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

Enhanced Disposal Package 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 Significant strides have been made this past year in providing a potential disposal pathway for GTCC LLW. WCS commends the NRC, TCEQ, and DOE for their leadership in moving forward with a disposal pathway for GTCC and TRU waste. NRC may revise Part 61 again to address disposal of GTCC LLW and TRU waste. NRC should determine whether or not they would retain exclusive authority to regulate GTCC LLW. 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.