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 October 30, 2014 Low-Level Radioactive Waste Forum Denver, Colorado

Topics Part 61 Low-Level Waste (LLW) Disposal Rulemaking Revision to Concentration Averaging and Encapsulation Branch Technical Position Revisions to NUREG/BR-0204 (Uniform Waste Manifest) Greater-Than-Class C (GTCC) Waste Update of LLW Programmatic Assessment Summary 2

Part 61 LLW Disposal Rulemaking 3

Commission Direction SRM-SECY-08-0147 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 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 the results of the site’s performance assessment and intruder assessment Balance Federal-State alignment and flexibility 5

Commission Direction SRM-SECY-13-0075 6

2014 Commission Direction SRM-SECY-13-0075 (Cont’d) 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 7

Next Steps Staff is currently revising the rule, statement of considerations, and guidance document. Proposed rule issued for public comment in 2015 Extensive stakeholder outreach 120 days comment period 1 or more public meeting to engage stakeholders 8

Concentration Averaging and Encapsulation BTP Revision 9

Revised BTP (or BTP team) WCS DOE/NNSA ACRS States & Compacts Revised BTP Revised BTP (or BTP team) DOE EM Advocacy Groups ES EPRI 10

Improvements in the May 2012 Revised Draft BTP Performance-based and Risk-informed Blended LLW Encapsulation of sealed sources Cartridge Filters

Proposed Revisions to Instructions for Completing NRC's Uniform Low-Level Radioactive Waste Manifest (NUREG/BR-0204) 12

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 clarifies 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 expected to be issued in November 2014 15

Authorization for Disposal per 10 CFR 20.2002 16

Authorization for Disposal per 10 CFR 20.2002 Waste disposal by means other than Part 61 Ten to twelve requests per year Typically in hazardous or municipal waste facilities Draft internal procedure

GTCC Waste 18

GTCC Waste Responsibilities outlined in LLRWPAA NRC authority for licensing GTCC waste disposal facility Engaging DOE to clarify responsibility Specification of technical requirements 10 CFR 61 on GTCC disposal

Low-Level Waste Programmatic Assessment 20

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 process 21

Stakeholder Comments Numerous comments have been received, including comments on: Low activity waste Waste classification Clearance Disposal capacity Gap analysis New waste streams Sealed sources Waste attribution 22

NRC LLW Program Summary Proposed 10 CFR Part 61 Rulemaking Concentration Averaging and Encapsulation BTP NUREG/BR-0204 Authorization for Disposal per 10 CFR 20.2002 GTCC Waste LLW Programmatic Assessment 23

Questions? 24