NRC’s LLW Regulatory Program: Update of Emerging Issues LLW Forum Meeting October 16, 2017 Alexandria, Virginia John Tappert, Director Division of Decommissioning, Uranium Recovery and Waste Programs (DUWP) Office of Nuclear Material Safety and Safeguards (NMSS)

Objective To provide an overview of the NRC’s Low-Level Radioactive Waste (LLW) Program and status of its activities

Leadership Updates

2018 Budget Request Distribution of the Nuclear Regulatory Commission’s Full-Time Equivalent (FTE) within the Fiscal Year 2018 Budgeted Program FTE Requested Nuclear Reactor Safety 1978 Nuclear Materials and Waste Safety 627 Corporate Support 616 Inspector General 63 Total 3284 “Green Book”

2018 Budget Request (cont’d) NRC Staffing for Materials and Waste Management Regulatory Program FTE Requested Fuel Facilities 114 Nuclear Materials Users 223 High-Level Waste Repository 71 Spent Fuel Storage and Transportation 103 Decommissioning and LLW 116 Total 627

2018 Budget Request (cont’d) Budget Request Trends

LLW Management Continuum We are here 1950’s – 1960’s 1980 1983 1990 2007 2012 2015 2016 2017 and beyond 1982 1985 1996 2008 Below Regulat-ory Concern Early Years-AEA established, commercial nuclear power development, varied disposal methods 10 CFR Part 61 Updated Program-matic Assessment Waste Form and Waste Classification Technical Positions Storage Guidance + Depleted Uranium Disposal Updated LLW Blending Guidance Strategic Assessment and Rebaselining Part 61 Site Specific Analysis, GTCC/Transuranic Waste, VLLW, Part 61 Waste Classification Tables, 10 CFR 20.2002 Guidance LLRW Policy Act of 1980 LLRW Policy Amendments Act of 1985 WCS Licensing LLW Strategic Assessment + Foreign Waste Import

Financial Assurance for Radioactive Byproduct Material?? NRC’s LLW Program Implement CA BTP Update to Waste Classification Tables Site-Specific Rulemaking GTCC and Transuranic Waste Update Uniform Waste Manifest International Waste Incidental to Reprocessing Finalize 20.2002 Procedure Financial Assurance for Radioactive Byproduct Material?? Very Low Level Waste

10 CFR Part 61 Rulemaking

Status of Rulemaking Commission Approved Proposed Rule Proposed Rule and Associated Draft Guidance Issued Draft Final Rule to Commission SECY-16-0106: ML16188A290 Commission Issues Staff Requirements Memorandum SRM-SECY-16-0106: ML17251B147 2/12/14 3/26/15 9/15/16 9/8/17 10

SRM-SECY-16-0106 Allow case-by-case application of new requirements Major Changes Allow case-by-case application of new requirements Reinstate 1,000 year compliance period Clarify safety case definition Narrow defense-in-depth considerations Be informed by costs and benefits 11

Life After Part 61 Part 61 Completed Potential Rulemaking on Waste Classification Tables (final rule + 6 months) Regulatory Basis to Dispose of GTCC Waste (supplemental proposed rule + 6 months) Uniform Waste Manifest (Immediate)

Potential Rulemaking on the Waste Classification Tables Revised SRM-SECY-13-0001 states that after the current Part 61 is complete, the staff should provide a Commissioners Assistants (CA) note on a potential second rulemaking effort for the waste classification tables. Staff plans to complete this task within 6 months after Part 61 is published.

Regulatory Basis for the Disposal of GTCC Waste SRM-SECY-15-0094 - prepare a regulatory basis for the disposal of GTCC waste through means other than deep geologic disposal and provide it to the Commission for information. Recommendation to address transuranic waste in 10 CFR 61.2 (i.e., Definitions) was approved. SRM-SECY-16-0106 – changed due date to 6 months after publication of the supplemental proposed rule.

Uniform Waste Manifest 10 CFR Part 20 Appendix G requires that an NRC Uniform Waste Manifest (UWM) be prepared for waste intended for ultimate disposal at a licensed LLW land disposal facility. Staff identified necessary changes to UWM and NUREG. Work is ongoing and a draft for comment is planned for Spring 2018.

Very Low-Level Waste (VLLW)

VLLW waste repository Morvilliers, France Considerations Current disposal practices Divergent stakeholder comments The need for an enhanced and more consistent approach for regulating VLLW Benchmark VLLW disposal in other countries Coordination with other agencies Long-term VLLW disposal actions VLLW waste repository Morvilliers, France

Scoping Study Possible Outcomes No Action Additional Guidance Documents More Coordination with Other Agencies Rulemaking Scoping Study

Stakeholder Outreach Updated information on VLLW is on the NRC’s Website: https://www.nrc.gov/waste/llw-disposal/very- llw.html Anticipate public meeting in early 2018 to obtain comments on the VLLW scoping study

Stakeholder Comments from March 10, 2017 Public Meeting Rulemaking is needed to define VLLW. International guidance that is being used by other countries should be used here too. VLLW rulemaking should be site specific and performance based. Action should be taken now and not wait until after a large quantity of VLLW needs disposal. Differing views on defining safe levels of VLLW. Should it be by dose or concentration? 20

Questions?