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

2. 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

3. Part 61 LLW Disposal Rulemaking3

4. 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.…”

5. 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

6. Commission Direction SRM-SECY-13-00756

7. 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

8. 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

9. Concentration Averaging and Encapsulation BTP Revision9

10. 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

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

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

13. 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.

14. 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

15. 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

16. Authorization for Disposal per 10 CFR 20.200216

17. 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

18. GTCC Waste 18

19. 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

20. Low-Level Waste Programmatic Assessment20

21. 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 process 21

22. 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

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

24. Questions? 24