ML20120A048

20.2001 Proposed Interpretative Rule

ML20120A048
Person / Time
Issue date:	04/29/2020
From:	Melanie Wong Division of Decommissioning, Uranium Recovery and Waste Programs
To:
Wong M
References
Download: ML20120A048 (2)

Text

NRCs Proposed Interpretative Rule on Transfer of Very Low-Level Waste to Exempt Persons for the Purpose of April 2020 Disposal What kind of waste are we talking about?

• Very Low-Level Waste (VLLW) is Class A waste with the lowest activity, containing some residual radioactivity, including naturally occurring radionuclides, which may be safely disposed of in hazardous or municipal solid waste landfills.

• Examples include some incinerator ash from research facilities, demolition debris, soil, and garbage.

What disposal options exist for VLLW using the current interpretation of the regulations?

• Part 20, Subpart K, Waste Disposal provides rules for waste generators (e.g., nuclear reactors, hospitals, etc.)

o § 20.2001(a)(1) allows waste transfer for disposal to an authorized recipient o § 20.2002 provides an alternate method for obtaining approval of proposed waste disposal procedures

• The majority of current VLLW disposal is in land disposal facilities consistent with § 20.2001(a)(1) o A licensed land disposal facility is allowed to receive, possess, and dispose of radioactive waste on their site o There are currently four active land disposal facilities in the United States; all four are located in Agreement States and licensed by their respective state regulatory agency

• Some VLLW goes to hazardous or municipal solid waste landfills, which are governed by Resource Conservation and Recovery Act (RCRA) regulations, using the § 20.2002 review and approval process o Minimal to no dose associated with the VLLW disposed at these facilities (not a health and safety issue) o Each request is reviewed on a case-by-case basis under the § 20.2002 review and approval process o Reviews of the disposal actions are performed by the NRC and/or Agreement State depending on the location of the waste generator and location of the disposal site.

What would the current proposal change What specifically are we proposing to regarding the methods for disposal of VLLW? change?

• The proposed change would expand the options

• There is no definition of authorized available for disposing of VLLW to include recipient in the NRCs regulations.

transfers to waste disposal facilities not licensed However, the guidance on § 20.2001, but specifically exempted to receive radioactive NUREG-1736, limits authorized waste for the purpose of disposal. recipient to persons licensed under the

• Does not affect any other disposal method parts listed in the regulation.

authorized under the NRCs regulations,

• The specific change would modify the including § 20.2002. interpretation of authorized recipient to

• The proposed change would result in a revision include persons who hold specific to current guidance documents related to VLLW exemptions issued for the purpose of disposal. disposal.

Issued on: 04/29/2020

What would be the review process? Example of the Proposed

• Disposal facilities could request an exemption in order to accept and dispose of VLLW without a license. Process o The request should include specifications on the type, concentration, and/or quantity of waste that can be disposed at the facility, and a proposed timeframe for receiving VLLW under the specific exemption.

• XYZ Landfill wants to be an

• The NRC would review the request, considering the authorized recipient cumulative dose from all current and potential future o Submits exemption request to disposals to a site worker or member of the public to the appropriate regulatory ensure it does not exceed an annual dose of 25 mrem agency for review and approval per year at any time during facility operation or closure o Appropriate regulatory agency (i.e., the dose remains less than the criteria for license reviews and approves a specific termination and unrestricted use at 10 CFR 20.1402) and, exemption (or equivalent) if appropriate, approve the exemption from licensing. o XYZ Landfill is now considered

• VLLW - consistent with the specifications set out in the an authorized recipient under § specific exemption - may be transferred from a waste 20.2001(a)(1) generator to the exempted disposal facility for land burial.

• Licensee X has VLLW for disposal

• Licensees would be responsible for identifying the and wants to send it to XYZ Landfill exempted facility they intend to send the VLLW material o Licensee X contacts XYZ to and confirming that the material meets the approved Landfill, provides details specifications for that facility. Likewise, exemption holders regarding the VLLW, and would be responsible for ensuring that any waste confirms the material can be transferred to them is within the waste acceptance criteria accepted within the constraints specified in their specific exemption. of the sites specific exemption

• Licensees would be allowed to transfer VLLW for burial at o Provided XYZ Landfill approves and an exempted disposal facility without additional, case-by- the material is with the parameters case reviews and separate regulatory approval. of the specific exemption issued to o This process would be the same as waste transfers the landfill, Licensee X may transfer that currently occur where the recipient has a license VLLW to XYZ Landfill for disposal for such disposal.

What would it take to receive an exemption from the NRC and thereby be an authorized recipient under the proposed interpretation?

• Applicant should include a safety analysis containing:

o A description of the proposed method of land burial at the disposal facility o A description of the types of material, including what radionuclides and what maximum concentration the disposal facility is willing to accept (the requesting facility proposes what they are willing to accept and not accept within the bounds of their specific exemption/approval) o A description of the proposed disposal site, including process and procedures, recordkeeping, and the requirements of the current RCRA permit (including approval or confirmation from RCRA that VLLW disposal is acceptable) o A discussion regarding the conceptual and mathematical models and parameters used in the dose assessment related to the proposed disposal of VLLW during the timeframe requested by the disposal facility o A site-specific dose assessment, or sensitivity and uncertainty analysis when performing the dose assessment, to estimate the radiological impacts to members of the public

• NRC staff prepares an Environmental Assessment related to the proposed disposals, when necessary.

• Agreement States may establish more restrictive values under their own regulatory authority.

What is the ultimate goal for expanding the definition of authorized recipient?

• Develop an efficient review process while not impacting health and safety or the environment.

• Allow flexibility to waste generators to dispose of VLLW in a manner commensurate with its safety significance.

Issued on: 04/29/2020