NRC’s Ongoing Rulemaking Activities: Recent Developments and Path Forward April 17, 2018 Spring 2018 Low-Level Waste Forum San Francisco, CA Maria Arribas-Colon, Acting Branch Chief, Low-Level Waste Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards

Outline and Objective Provide updates on 10 CFR Part 61 rule and draft regulatory analysis Background and update on Decommissioning Regulations .

Why Are We Revising 10 CFR Part 61? Will require low-level waste disposal licensees or license applicants to ensure that low-level waste streams that are significantly different from the low-level waste streams considered in the current Part 61 regulatory basis can be disposed of safely .

Why Are We Revising 10 CFR Part 61? (cont.) Original Part 61 concepts: Class A and B waste will decay during the 100-year period after site closure and will present an acceptable hazard to an intruder Class C waste will decay so that at end of 500 year period, remaining radioactivity will be at a level that does not pose an unacceptable hazard to an intruder or public health and safety Only DOE was enriching uranium and would dispose of large quantities as necessary .

Why Are We Revising 10 CFR Part 61? (cont.) Depleted uranium was only anticipated in small quantities; defaulted to Class A according to 61.55(a)(6). Due to Class A designation, some disposal sites have previously allowed large quantities to be disposed as Class A waste. Half-life of U-238 is 4.5 billion years. Half-life of U-235 is 700 million years. Build up of daughter products leads to increased doses from depleted uranium over time, it will not decrease to harmless levels within 100 to 500 years like other low-level wastes at shallow disposal sites. Also consider blended wastes… Or other unanticipated wastes… .

Status of the 10 CFR Part 61 Rulemaking Status of Rulemaking Commission Approved Proposed Rule Proposed Rule and Associated Draft Guidance Issued Draft Final Rule to Commission SECY-16-0106: ML16188A290 Commission Issues Staff Requirements Memorandum SRM-SECY-16-0106: ML17251B147 Status of the 10 CFR Part 61 Rulemaking 2/12/14 3/26/15 9/15/16 9/8/17

SRM-SECY-16-0106 Directed Changes Be informed by costs and benefits 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

Draft Regulatory Analysis for Final Rule: Low-Level Radioactive Waste Disposal Staff is updating the 10 CFR Part 61 Regulatory Analysis Issued Federal Register Notice (82 FR 48283) on October 17, 2017 requesting public input Held public meeting on October 19, 2017 Comments can be seen at: https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDueDa te&po=0&D=NRC-2011-0012 Staff is evaluating these comments and revising the document Will be available for public comment when the supplemental proposed rule is issued

Planned Amendments to 10 CFR Part 61 Adds requirement for site-specific analyses Introduces a compliance period of 1,000 years for traditional low-level waste Adds an analysis for long-lived low-level waste for a post- 1,000-year performance period Allows flexibility for Agreement States to analyze longer timeframes Restores “grandfathering” provision

Next Steps Staff is developing revised rule language and revised guidance Staff will present supplemental proposed rule to Commission (estimate Summer 2018) Staff will issue supplemental proposed rule for 90-day comment period Including revised NUREG-2175 and revised Regulatory Analysis Staff plans to hold webinars and public meetings in various locations during the public comment period Staff will consider comments and develop draft final rule for Commission’s consideration

Life After Part 61 Part 61 Completed Potential Rulemaking on Waste Classification Tables (+ 6 months) Regulatory Basis to Dispose of GTCC Waste (+ 6 months after publishing proposed rule-Commission directed) Uniform Waste Manifest (Immediate)

Recent and Planned Reactor Shutdowns Six power reactors shut down since 2012 Eight announced plans to shut down between 2018- 2025 Potential for additional shutdowns is uncertain Factors affecting licensees’ decisions: Long-term availability of less expensive power Increasing plant modification, maintenance, and repair costs Requests for license amendments and regulatory exemptions NRC staff issued a Lessons Learned Report (ML16085A029)

Lessons Learned Early engagement between licensees and NRC can provide substantial benefits. Licensees should start preplanning before permanent cessation of operations and submit licensing actions well ahead of need dates. Appropriate use of established precedent can expedite NRC staff review. Public and intergovernmental outreach can result in a smoother transition. Rulemaking can provide a more efficient, open, and predictable process than plant-specific licensing actions.

Commission Direction In SRM-SECY-14-0118, the Commission directed staff to address the following issues in the rulemaking: Graded approach to emergency preparedness Lessons learned from recently shutdown plants NRC approval of post-shutdown decommissioning activities report Maintaining three existing decommissioning options and associated timeframes Role of State and local governments and non- governmental stakeholders in the decommissioning process Other issues deemed relevant by staff

Rulemaking Activities Advance Notice of Proposed Rulemaking was issued for comment in November 2015 80 FR 72358 Draft Regulatory Basis (RB) was issued for comment in March 2017 82 FR 13778; ADAMS Accession No. ML17047A413 Regulatory Analysis (RA) for Draft RB was issued for comment in May 2017 82 FR 21481; ADAMS Accession No. ML16271A511 Staff held a public meeting in May 2017 RB was issued in November 2017 82 FR 55954; ADAMS Accession No. ML17215A010 RA for RB was issued in February 2018 83 FR 5373; ADAMS Accession No. ML17332A075

Regulatory Basis Conclusions The NRC staff recommended that there is sufficient justification to proceed with rulemaking in the following areas: Emergency preparedness Physical security Cybersecurity Drug and alcohol testing Training requirements for certified fuel handlers Decommissioning trust funds Financial protection requirements and indemnity agreements (onsite/offsite insurance) Application of the backfit rule

Regulatory Basis Conclusions (Cont’d) The NRC staff recommended addressing some topics via updated guidance or inspection procedures in lieu of rulemaking.  These topics include: Minimum staffing Post-shutdown Decommissioning Activities Report submittals The role of State and local governments in the decommissioning process Aging management of certain plant systems, structures and components

Path Forward Proposed Rule/Draft Regulatory Guidance Provide to Commission in May 2018 Public meeting will be held after Proposed Rule and Draft Regulatory Guidance are issued for public comment Draft Final Rule/Final Regulatory Guidance Provide to the Commission in Fall 2019 Public meeting will be held to discuss implementation of the rule prior to delivering rule to the Commission for vote

Questions?