1. 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

2. 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

3. 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
10 CFR 40.51(b)(3) and 40.13(a)
Increased VLLW volumes expected in the near-term due to reactor decommissioning. 3

4. Method for obtaining NRC approval of alternative disposal procedures
10 CFR
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

5. 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

6. Alternative Disposal Request (ADR) Guidance
Original version issued in 2009 (ADAMS Accession No. ML )
Primarily focused on , 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

7. ADR Guidance Revision
Need for guidance revision determined as a High Priority in LLW Programmatic Assessment – 2016 (SECY ).
Purpose of revising draft guidance
Provide more clarity, consistency, and transparency
Clarify that the alternative methods of disposal in 10 CFR 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

8. Stakeholder Outreach Organization of Agreement States (OAS)
OAS Call (July)
Meeting Presentation and Discussion (August)
Updated information on NRC Website:
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

9. 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 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 may include recycle and reuse 9

10. Reuse and Recycle
Licensees or applicants may request approval to reuse or recycle licensed materials under 10 CFR 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

11. 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. ML )
Example 2  Industrial Oil (ADAMS Accession No. ML16214A159) 11

12. Very Low-Level Waste Scoping Study

13. LLW Programmatic Assessment
Strategic Assessment (SECY )
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 – (SECY )
Perform LAW Scoping Study (renamed VLLW Scoping Study)
guidance document revision to improve alternate disposal request process 13

14. 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

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

16. 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

17. 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

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

19. 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

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

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

22. Stakeholder Outreach and Involvement
Updated information on VLLW found on NRC Website:
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

23. How to Provide Comments
Federal Rulemaking Website:
Go to and search for Docket ID
NRC
comments to (reference Docket ID NRC in the subject line):
Mail comments to (reference Docket ID NRC in subject line):
May Ma
Office of Administration
Mail Stop: OWFN-2-A13
U.S. Nuclear Regulatory Commission
Washington, DC
Comment period ends May 15, 2018

24. For Additional Information:
Federal Rulemaking Website:
Go to and search for Docket ID
NRC
NRC’s Public Web Site for VLLW:
NRC Contacts:
Maurice Heath – LLW Project Manager ;
Kellee Jamerson – LLW Project Manager ;