NRC’s LLW Regulatory Program: Update of Emerging Issues November 7, 2016 LLW Forum Meeting Saratoga Springs, New York Andrea Kock, Deputy Director Division of Decommissioning, Uranium Recovery and Waste Programs (DUWP) Office of Nuclear Material Safety and Safeguards (NMSS)

Objective To discuss the NRC’s Low-Level Radioactive Waste (LLW) Program with a focus on: Programmatic Assessment completed by the NRC staff Ongoing Part 61 Rulemaking Low-Activity Waste Scoping Study

Financial Assurance for Radioactive Byproduct Material Overview Uniform Waste Manifest Next Part 61 Rulemaking?? Part 61 Rulemaking Programmatic Assessment International LLW Program CA BTP Implementation Low-Activity Waste Waste Incidental to Reprocessing (WIR) Financial Assurance for Radioactive Byproduct Material GTCC and Transuranic Waste

Programmatic Assessment

LLW Programmatic Assessment Q: Why are we doing this assessment? A: To address the constantly evolving nature of LLW issues.

Status Draft list of 14 tasks was published in the Federal Register on March 13, 2015 Comment period expired on April 13, 2015 Staff evaluated comments received Results of staff’s assessment have been presented to the Commission in an information SECY paper

Programmatic Assessment Results 2007 Assessment 20 Tasks Rank Review and update guidance on extended storage of LLW High Develop guidance on 10 CFR 20.2002 Alternate Disposal Requests. Determine if disposal of large quantities of depleted uranium would change the waste classification tables. Update Branch Technical Position on Concentration Averaging and Encapsulation. Develop procedures for Import/Export Review. Develop guidance on alternate waste classification (10 CFR 61.58). Perform scoping study of the need to revise/expand byproduct material financial assurance to account for life-cycle. Develop licensing criteria for greater than Class C (GTCC) disposal facility. Medium Consolidate LLW guidance. Develop guidance that summarizes disposition options for low-end materials and waste. Coordinate with other agencies on consistency in regulating low activity waste disposal. Identify new waste streams. Develop information notice on waste minimization. Evaluate potential changes to LLW regulatory program as a result of severe curtailment of disposal capacity. Low Promulgate rule for disposal of low-activity waste. Identify and evaluate potential legislative changes. Implement major revisions to 10 CFR Part 61. Develop waste acceptance criteria for LLW disposal in uranium mill tailings impoundments. Examine need for guidance on defining when radioactive material becomes LLW. Develop and implement national waste tracking system. 2016 Assessment 10 Tasks Rank Complete and Implement Site-Specific Analysis Rulemaking High Address update to the 10 CFR Part 61 Waste Classification Tables Implement the Updated Concentration Averaging and Encapsulation BTP Prepare a regulatory basis and conduct potential rulemaking for Greater-Than-Class C and transuranic waste disposal Finalize internal procedure/Standard Review Plan for 10 CFR § 20.2002 requests to improve alternate disposal process Update NUREG/BR-0204, Rev. 2 (July 1998), “Instructions for Completing NRC’s Uniform Low-Level Radioactive Waste Manifest” Perform LAW Scoping Study Med Update and consolidate LLRW guidance into one NUREG Examine the need for guidance on defining when radioactive material becomes LLRW Low Develop and implement the national waste tracking system

10 CFR Part 61 Rulemaking Next, I will discuss staff’s activities related to the ongoing Part 61 rulemaking. Next Slide Please

Status 2/12/14 3/26/15 9/16/16 Proposed Rule and Associated Draft Guidance Issued Final Rule to Commission Commission Approved Proposed Rule SECY-16-0106: ML16188A290

Major Changes in the Proposed Final Rule Analyses Timeframe Defense-in-Depth Intruder scenarios Compatibility Grandfathering Move some details to guidance

Low-Activity Waste (LAW)

LAW Scoping Study Considerations Divergent stakeholder comments The need for an enhanced and more consistent approach for regulating LAW Coordination with other agencies Long-term LAW disposal actions The impact of LAW disposal following a radiological dispersal device (RDD) event Lessons learned from regulatory precedents LAW disposal in other countries

LAW Scoping Study Possible Results Rulemaking Additional guidance documents More coordination with other agencies Further analysis needed No action

Questions?