1. 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

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

3. 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 .

4. 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 .

5. 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 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… .

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Proposed Rule and Associated Draft Guidance Issued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

7. 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

8. 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:
te&po=0&D=NRC
Staff is evaluating these comments and revising the document
Will be available for public comment when the supplemental proposed rule is issued

9. 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

10. 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

11. 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)

12. Recent and Planned Reactor Shutdowns
Six power reactors shut down since 2012
Eight announced plans to shut down between
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)

13. 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.

14. Commission Direction
In SRM-SECY , 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

15. 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

16. 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

17. 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

18. 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

19. Questions?