1. 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)

2. 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

3. 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

4. Programmatic Assessment

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

6. 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

7. Programmatic Assessment Results
2007 Assessment 20 Tasks
Rank
Review and update guidance on extended storage of LLW
High
Develop guidance on 10 CFR 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 § 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

8. 10 CFR Part 61 Rulemaking
Next, I will discuss staff’s activities related to the ongoing Part 61 rulemaking. Next Slide Please

9. 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 : ML16188A290

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

11. Low-Activity Waste (LAW)

12. 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

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

14. Questions?