1. 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)

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

3. Leadership Updates

4. 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”

5. 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

6. 2018 Budget Request (cont’d)
Budget Request Trends

7. 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
Guidance
LLRW Policy Act of 1980
LLRW Policy Amendments Act of 1985
WCS
Licensing
LLW Strategic Assessment
+ Foreign Waste Import

8. 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 Procedure
Financial Assurance for Radioactive Byproduct Material??
Very Low Level Waste

9. 10 CFR Part 61 Rulemaking

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Proposed Rule and Associated Draft Guidance Issued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

11. 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

12. 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)

13. Potential Rulemaking on the Waste Classification Tables
Revised SRM-SECY 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.

14. Regulatory Basis for the Disposal of GTCC Waste
SRM-SECY 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 – changed due date to 6 months after publication of the supplemental proposed rule.

15. 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.

16. Very Low-Level Waste (VLLW)

17. 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

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

19. Stakeholder Outreach
Updated information on VLLW is on the NRC’s Website:
llw.html
Anticipate public meeting in early 2018 to obtain comments on the VLLW scoping study

20. 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

21. Questions?