NRC’s Low-Level Radioactive Waste Program Spring 2018 LLW Forum Meeting April 16, 2018 Maurice Heath, Project Manager Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards

Financial Assurance for Radioactive Byproduct Material Overview Uniform Waste Manifest Part 61 Rulemaking Next Part 61 Rulemaking? International Alternative Disposal Request Guidance LLW Program Very Low-Level Waste Waste Incidental to Reprocessing (WIR) Financial Assurance for Radioactive Byproduct Material GTCC and Transuranic Waste 2

Background Very low-level waste (VLLW) Material containing some residual radioactivity, including naturally occurring radionuclides. Contains a small fraction of the concentrations of Class A limits. Primary disposal pathway option is in a licensed low-level radioactive waste facility. Licensees can utilize Alternative Disposal Options 10 CFR 20.2002 10 CFR 40.51(b)(3) and 40.13(a) Increased VLLW volumes expected in the near-term due to reactor decommissioning. 3

Method for obtaining NRC approval of alternative disposal procedures 10 CFR 20.2002 Case-by-case evaluation NRC Licensee must request approval for alternate disposal For offsite disposal, disposal facility must receive an exemption from NRC regulations 4

Additional Alternative Disposal Option 10 CFR 40.13(a) exempts from the licensing requirements in 10 CFR Part 40 uranium and thorium in "unimportant quantities” 10 CFR 40.51(b)(3) allows licensees to transfer unimportant quantities of source material to persons exempt from licensing under 40.13(a) 5

Alternative Disposal Request (ADR) Guidance Original version issued in 2009 (ADAMS Accession No. ML092460058) Primarily focused on 20.2002, but also included 40.13(a) First single procedure covering safety and security reviews, the preparation of an environmental assessment, and coordination with stakeholders for alternative disposal requests Draft interim procedure issued with plan to finalize after implementation, use, and feedback 6

ADR Guidance Revision Need for guidance revision determined as a High Priority in LLW Programmatic Assessment – 2016 (SECY-16-0118). Purpose of revising draft guidance Provide more clarity, consistency, and transparency Clarify that the alternative methods of disposal in 10 CFR 20.2002 may include recycle and reuse Draft issued for public comment (ADAMS Accession No. ML17229B588) Sought comments from stakeholders, including professional organizations, licensees, Agreement States, and the public Comments will be considered in development of the final guidance document Final issuance expected in 2018 7

Stakeholder Outreach Organization of Agreement States (OAS) OAS Call (July) Meeting Presentation and Discussion (August) Updated information on NRC Website: https://www.nrc.gov/waste/llw-disposal.html LLW Forum (October) Federal Register notice for ADR guidance Issued Federal Register Notice requesting public input with 60 day public comment period (October 19 – December 18) Public meeting and webinar at NRC Headquarters (October 19th) Second webinar on the guidance (November 16th) 8

Summary of Primary ADR Revisions Clarification of "a few millirem” Clarification of responsibilities for approvals by the NRC and Agreement States Information added specific to the Regions and Offices and their roles in the 20.2002 review process, including OGC, NMSS, NRR, and Regions Consolidated guidance, including lists of key documents/references that serve as the source for specific requirements Clarification that the alternative methods of disposal in 10 CFR 20.2002 may include recycle and reuse 9

Reuse and Recycle Licensees or applicants may request approval to reuse or recycle licensed materials under 10 CFR 20.2002. Evaluations may include: Consideration of dose to members of the public and transport of the material to facilities that may reuse or recycle the material Consideration of reasonably foreseeable chemical, physical or other material processing activities that may lead to unique worker exposure scenarios Consideration of all reasonably foreseeable disposition paths of the radioactively contaminated material Reuse and recycle requests are not clearance and are subject to strong regulatory controls, including a case-by-case review of the proposed uses of the material and a determination that public doses would be below a few millirem 10

Reuse and Recycle (cont.) NRC’s approach generally does not allow recycle and reuse into consumer products, including food preparation, personal items, household items, and products used by children Generally, only certain acceptable restricted industrial uses have been approved in which direct contact of solid materials with the public can be minimized and/or avoided Examples of industrial applications that have previously been approved Example 1  Concrete retaining wall (ADAMS Accession No. ML060250492) Example 2  Industrial Oil (ADAMS Accession No. ML16214A159) 11

Very Low-Level Waste Scoping Study

LLW Programmatic Assessment Strategic Assessment - 2007 (SECY-07-0180) Coordinate with other agencies on consistency in regulating low activity waste disposal Develop guidance that summarizes disposition options for low-end materials and waste Promulgate rule for disposal of low-activity waste (now termed very low-level waste) Programmatic Assessment – 2016 (SECY-16-0118) Perform LAW Scoping Study (renamed VLLW Scoping Study) 20.2002 guidance document revision to improve alternate disposal request process 13

Why Perform a Very Low-Level Waste Scoping Study? Increase in priority Changes in timing of decommissioning Recognize the potential opportunity to improve regulatory efficiency and effectiveness Consider alignment with international standards and practices 14

VLLW Scoping Study PURPOSE: Identify possible options to improve and strengthen the NRC’s regulatory framework for very low-level waste (VLLW) disposal

VLLW Scoping Study Considers Available Information National Academy of Sciences Electric Power Research Institute U.S. Environmental Protection Agency Health Physics Society International Atomic Energy Agency

VLLW Scoping Study is Not… Below Regulatory Concern Controlling the Disposition of Solid Material ONLY considers disposal of waste as defined by 10 CFR Part 61

VLLW Scoping Study Possible Outcomes Rulemaking Guidance documents Coordination with other agencies Further analysis No action 18

Notice of VLLW Scoping Study and Request for Comment NRC published in the Federal Register, on February 14, 2018 (83 FR 6619), notice of the VLLW Scoping Study and request for comment Respondents were asked to consider specific questions posed by the NRC staff

Federal Register Notice Questions Regulatory definition of VLLW? New waste category for VLLW? Guidance document? NRC Agreement State compatibility issues? Regional compact authority? 20

Federal Register Notice Questions Waste analysis requirements? Unintended consequences? Analytical methods to assess risk? Economic factors?

Stakeholder Outreach and Involvement Updated information on VLLW found on NRC Website: https://www.nrc.gov/waste/llw-disposal.html Federal Register Notice to Conduct VLLW Scoping Study and Request for Comment (83 FR 6619): Feb. 14, 2018 VLLW Scoping Study Public Comment Period: Feb. 14, 2018 – May 15, 2018 Public Meetings: Feb. 22, 2018 (NRC) and March 23, 2018 (Phoenix, AZ) 22

How to Provide Comments Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0026 Email comments to (reference Docket ID NRC-2018-0026 in the subject line): VLLW_ScopingStudy@nrc.gov Mail comments to (reference Docket ID NRC-2018-0026 in subject line): May Ma Office of Administration Mail Stop: OWFN-2-A13 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Comment period ends May 15, 2018

For Additional Information: Federal Rulemaking Website: Go to http://www.regulations and search for Docket ID NRC-2018-0026 NRC’s Public Web Site for VLLW: https://www.nrc.gov/waste/llw-disposal.html NRC Contacts: Maurice Heath – LLW Project Manager 301-415-3137; Maurice.Heath@nrc.gov Kellee Jamerson – LLW Project Manager 301-415-7408; Kellee.Jamerson@nrc.gov