1. 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

2. 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

3. 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

4. 10 CFR Part 61 LLW Disposal Rulemaking4

5. 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…”

6. 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

7. Commission Direction: Revised SRM-SECY-13-0001 (2013)
In Revised SRM-SECY , issued March 26, 2013, Commission directed staff to:
end further efforts associated with comprehensive rulemaking discussed in SECY 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

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

9. 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

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

11. 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

12. SRM Chronology 12

13. 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

14. 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 Continued on next page 14

15. SRM-COMWDM-11-0002/ COMGEA-11-0002 (2012)
Recognizing that the path forward on revisions on the issues outlined in SECY 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 should be implemented should be submitted to the Commission after completion of the limited rulemaking. 15

16. SRM (2013)
The staff should end further efforts associated with SECY , “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
Continued on next page 16

17. SRM (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

18. 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

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

20. 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.

21. 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

22. 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

23. Low-Level Waste Programmatic Assessment23

24. Status of the 2007 Strategic Assessment
Strategic Assessment 7 high prioritized activities
Review and Update Guidance on Extended Storage
Develop Guidance on 10 CFR 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

25. 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

26. 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 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

27. 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

28. 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

29. Questions? 29