1. Mike Garner Chair/Executive Director Northwest Compact
NRC’s Proposed 10 CFR Part 61 Rulemaking LLRW Forum Meeting October 22, 2015 Chicago, IL
Mike Garner
Chair/Executive Director
Northwest Compact

2. Background Why is NRC pursuing its current 10 CFR Part 61 rulemaking?
Two commercial companies, EnergySolutions and WCS, are pursuing large volumes of depleted uranium for disposal
Therefore, as this LLRW stream was not considered when 10 CFR Part 61 was originally formulated, NRC needs to develop regulations governing the disposal of this LLRW at commercial sites
Without this, it is unlikely there currently would be a 10 CFR Part 61 rulemaking
NRC has indicated the current regulations are conservative and as long as these regulations are followed, LLRW is being disposed in a safe manner

3. Background
The U.S. Enrichment Privatization Act defines responsibility for LLRW generated by enrichment operations
The U.S. Department of Energy is responsible for all LLRW generated by enrichment operations
States and interstate compacts have no liability for LLRW generated by these operations

4. Concerns of the NW Compact
The compact has concerns with the manner in which NRC is proposing to implement/apply the new regulations
The Low-Level Radioactive Policy Amendments of 1985 specifies LLRW that is a state/interstate compact responsibility and LLRW that is a federal government responsibility
It is apparent that disposal of large volumes of depleted uranium is a federal government responsibility
Yet under NRC’s current proposed implementation, the rule will impact not only those commercial sites that have expressed interest in accepting large volumes of depleted uranium but also those commercial sites that have no interest in accepting large volumes of depleted uranium

5. Concerns of the NW Compact
Therefore, for a LLRW that states/interstate compacts have no liability, NRC’s proposed implementation of the rule will lead to all sited states, even those that have no interest in accepting large volumes of depleted uranium, having a liability
Will impact those currently operating sites that have no interest in accepting large volumes of depleted uranium
Seems contrary to the tenets found in the LLRWPAA of 1985, as the regulations for sites that have no interest in accepting such waste will be modified to incorporate a LLRW stream that is not even a state/interstate compact responsibility
Will have a negative impact on future site development, a state/interstate compact responsibility, as such a site has never been developed in the U.S.

6. Method to Address Concerns
NRC should alter the manner in which it plans to implement the rulemaking
The new regulatory requirements should be incorporated into a new section or subpart of 10 CFR Part 61 where the requirements will only apply to those commercial sites that choose to pursue large volumes of depleted uranium or other long-lived radionuclides for disposal
This seems like a more reasonable approach for a LLRW stream that is not even a state or interstate compact responsibility
This still enables NRC to adopt regulations governing unanticipated waste streams, yet addresses the unintended impacts associated with NRC’s current proposed implementation

7. Benefits of Alternate Implementation
More equitable, as only those sites that stand to benefit economically from the acceptance of large volumes of depleted uranium are impacted
More consistent with the tenets of the LLRWPAA of 1985
Will impact future site development, but much less than if the new requirements are implemented as currently proposed by NRC
Maintains greater stability in the regulations governing the safe disposal of LLRW that truly is a state/interstate compact responsibility

8. Concerns of the NW Compact
The state of Utah licensed EnergySolutions’ Clive, UT facility and by statute the site may only accept Class A LLRW
Utah Radiation Control Act – – Prohibition of certain radioactive wastes
Acceptance of Class B and C LLRW is prohibited
Utah uses the waste classification tables to ensure only Class A LLRW is disposed at the Clive facility
Depleted uranium, by default, is currently classified as Class A LLRW
Throughout the rulemaking, Utah regulators have expressed the need for NRC to determine the proper waste classification for large volumes of depleted uranium
Again, this information is needed to ensure that LLRW disposed at the Clive facility meets the requirements of Utah’s Radiation Control Act

9. Concerns of the NW Compact
Some say the determination of the proper classification of depleted uranium will not be necessary once the site specific performance assessment is completed
However, this does not address the need of Utah regulators to know the proper waste classification for depleted uranium to determine whether this waste stream meets or does not meet the requirements of Utah’s Radiation Control Act
Utah chose to be part of the LLRW disposal solution and the Clive site has been a valuable resource to the country
Utah deserves to have its need addressed