1. Industry Perspectives on Part 61 Rulemaking
Janet R. Schlueter
Senior Director, Radiation and Materials Safety
Low Level Waste Forum Meeting
October 22-23, 2015, Chicago, IL

2. Overview Rulemaking Should Be Discontinued or Scope Modified
Current Regulatory Framework Ensures Adequate Protection Including Disposal of Waste Streams Other than DU
Direct Impact on Entities Other Than LLW Site Operators not Considered by NRC
Rule May Introduce Unnecessary Burden and Unintended Consequences To Existing or Future Sites
Other Issues to be Addressed, e.g., WC Tables

3. Current Adequate Protection
Current Integrated Systems Approach in National Regulatory Framework is Adequate
Current Alternate Pathways for LLRW Disposal Exist and Require Pre-Approval by Regulator
Including LLW Streams Other than DU
No Data or Information Suggests that Current Framework is Not Safe

4. Other Entities Impacted by Rule
Besides LLW Site Operators, Others That Generate DU and LLW Impacted by Rule:
Commercial Uranium Enrichment Facilities
Commercial Nuclear Power Plants
Fuel Fabricators
Byproduct Materials Users, Broad Scope Licensees, etc.
Cost-Benefit Analysis for Entities Not Done

5. Potential Unnecessary Burden and Unintended Consequences
Performance Assessment Required for All Existing and New Facilities Whether or Not Intend to Dispose of DU
Rule Should Exclude Facilities not Pursuing DU Disposal
Implementation of New Approach Introduces New Uncertainties for Present and Future Business Decisions in Absence of Safety Issue

6. Other Issues
Current Waste Classification Tables Might be Impacted by Other Part 61 Rulemaking
Impacts Should Inform Current Rulemaking
Avoid “Whiplash Effect” on All Entities
Complex Compatibility Level Issue – C?
Continue to Allow Site-Specific Waste Acceptance Criteria and Rely on NRC’s IMPEP
National Uniformity Not Critical

7. Recap Rulemaking Should Be Discontinued or Scope Modified
Current National Regulatory Framework Ensures Adequate Protection
Proposed Rule Introduces Unnecessary Burden and Potential Unintended Consequences
Other Issues Need to be Considered As Part of this Rulemaking