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10 CFR 20.2001 Proposed Interpretive Rule Public Meeting Slides - July 1, 2020
	ML20182A163
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Issue date:	07/01/2020
From:	Holahan T; Office of Nuclear Material Safety and Safeguards
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	Doell M
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	Download: ML20182A163 (26)
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Proposed Interpretive Rule: Transfer of Very Low-Level Waste (VLLW) to Exempt Persons for Disposal July 1, 2020 The meeting will start shortly.

Please join the audio conference by calling:

1-888-452-8947 - access code 9838788#

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Proposed Interpretive Rule: Transfer of Very Low-Level Waste (VLLW) to Exempt Persons for Disposal July 1, 2020 Trish Holahan, Ph.D.

Director Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission 2

Purpose of Meeting

Describe the purpose of and approach to disposal of very low-level radiological waste (VLLW) under the proposed interpretation of 10 CFR 20.2001.

Solicit public feedback on the proposed interpretive rule.

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What we are proposing What we are not proposing Expanding the definition of NOT developing new regulations related to authorized recipient in NUREG-1736 to the disposal of radioactive waste.

include persons who have received specific exemptions that allow them to dispose of VLLW by burial.

Allowing safe, permanent disposal by NOT approving the release of burial of material at sites that have VLLW into unregulated disposal sites.

regulatory oversight.

Using site-specific criteria for the NOT reintroducing the concepts of disposal of VLLW by burial at non-Part 61 clearance or below regulatory concern, sites that will not result in the development or making material available for reuse.

of legacy sites.

Planning to work with other NOT requiring additional regulatory bodies to develop criteria for regulatory agencies to take responsibility evaluating an exemption request. for the oversight of disposed VLLW.

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Addressing Stakeholder Feedback

Proposal to expand the interpretation of § 20.2001 has been an ongoing process

The Federal Register Notice (FRN) announcing the proposal was published on March 6, 2020; comment period ends on July 20, 2020

Efforts made to facilitate public involvement:

- Added an additional email address for comments

- Two public meetings

- Extended the public comment period 5

What is VLLW?

Class A waste with the lowest level of activity, containing some residual radioactivity, including naturally occurring radionuclides, which may be safely disposed of in hazardous or municipal solid waste landfills. There is no formal regulatory definition of VLLW.

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

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Current VLLW Disposal Options Land Disposal Facilities

A licensed land disposal facility allowed to receive, possess, and dispose of radioactive waste on its site.

Currently, there are 4 licensed facilities in the United States; all 4 are located in Agreement States and licensed by their respective state regulatory agency.

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Current VLLW Disposal Options (contd)

Part 20, Subpart K, Waste Disposal

§ 20.2001(a)(1) allows transfer for disposal to an authorized recipient.

§ 20.2002 provides a method for obtaining approval of proposed alternate disposal procedures.

The proposed interpretation of § 20.2001(a)(1) would enable disposal facilities to apply for a specific exemption under § 30.11, § 40.14, and § 70.17 that would allow the facility to be considered an authorized recipient.

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Proposed Interpretive Rule: Transfer of Very Low-Level Waste Adam Schwartzman (VLLW) to Exempt Persons for Disposal Risk Analyst March 30, 2020 Risk and Technical Analysis Branch Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission 9 9

VLLW Disposal Options - What Would Change?

Expand the options available for disposing of VLLW to include transfers to waste disposal facilities not licensed, but specifically exempted to receive radioactive waste for the purpose of disposal by burial.

Does not affect any other disposal method authorized under the NRCs regulations, including § 20.2002.

The proposed change would result in a revision to current guidance documents related to VLLW disposal.

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Review Process - Becoming an Authorized Recipient NRC evaluates the Disposal site submits a request to submittal and, if it satisfies the NRC with specific details for the specific exemption review and consideration criteria, issues an (cumulative dose should not exemption from licensing exceed 25 mrem/yr at any time to accept VLLW for during facility operation or closure). disposal by burial.

Disposal site, as an authorized recipient, can now accept VLLW for disposal by burial without additional case-by-case reviews and approvals, provided the disposals are within the exemption criteria.

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25 mrem/year in Context Doses in our Daily Lives https://www.nrc.gov/about-nrc/radiation/around-us/doses-daily-lives.html 25 mrem/y for the life of the disposal site 12

What Does it Take to Receive an Exemption for Disposal of VLLW?

The exemption application should include a safety analysis for NRC review containing:

Description of material that would be accepted for disposal (i.e., volumes, specific radionuclides, concentrations, etc.).

Description of additional regulatory requirements related to the operation of the facility (e.g., acceptable processes and procedures, recordkeeping, etc.).

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What Does it Take to Receive an Exemption to Dispose of VLLW? (contd)

Proposed method(s) of burial.

Timeframe for accepting VLLW.

Site-specific dose assessment (w/ sensitivity and uncertainty analyses); to include specific conceptual and/or mathematical models and related parameter values used to estimate radiological impacts to members of the public (which includes workers at the disposal site).

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Evaluating Specific Exemption Requests (What Does the NRC Do?)

Performs the review and develops a safety evaluation supporting its decision.

Prepares an environmental analysis of the requested exemption, as required by the National Environmental Policy Act (NEPA) and NRCs NEPA regulations.

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

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Hypothetical Example of the Process XYZ Landfill wants to be an authorized recipient

Submits exemption request for review and approval.

NRC reviews and, if appropriate, approves an exemption for XYZ Landfill to dispose of specific types and amounts of VLLW by burial without a license.

XYZ Landfill is now considered an authorized recipient under § 20.2001(a)(1).

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Hypothetical Example of the Process (contd)

Licensee with VLLW for disposal Can I dispose of my VLLW Can I accept this waste?

at this facility? Is it within my approved waste criteria?

Disposal site approved to be an authorized recipient 17

Proposed Outcome

The NRC will continue to protect public health and safety and the environment by:

Developing a more efficient review process.

In a manner that allows additional flexibility to waste generators to dispose of VLLW.

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FRN Public Feedback Questions

1. Is case-by-case review and approval of VLLW transfers to holders of specific exemptions for disposal necessary?

2. What issues associated with transboundary transfer of VLLW should be considered with this interpretive rule?

3. Should the exempt persons authorized to dispose of certain VLLW that would be considered § 20.2001 authorized recipients under this proposed interpretive rule be required to use Uniform Waste Manifests (consistent with § 20.2006) for waste transferred to the exempted disposal facility?

4. Are there other criteria that should be considered during the review of a request for a specific disposal exemption?

5. In light of this proposed interpretive rule, does the Agreement State compatibility designation (Compatibility Category C) of

§ 20.2001 raise issues that the NRC should consider?

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How to Provide Comments

FRN (85 FR 13076; March 6, 2020) provides various methods of submitting comments

Include Docket ID NRC-2020-0065 on all correspondence

Email: VLLWTransferComments.Resource@nrc.gov

Comment period ends July 20, 2020 20

Meeting Ground Rules

Please respect other members of the public.

Please be conscious of your speaking time.

Consider submitting your comments in the WebEx Q/A window or chat box.

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How to Make a Comment During the Meeting

You can type in your comment at any time using the WebEx interfact.

- or -

Make your comment verbally by pressing *1 (star one) and waiting for the operator to open your line.

- Do not have your phone on mute when requesting to speak.

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Public Feedback and Comment Session 23

Receive NRC LLW Information

Sign-up for the LLW email distribution (ListServ) using the following steps:

go to the NRC's public website and select Public Meetings & Involvement select Subscribe to Email Updates select Lyris Subscription Services and check the box for LLW Distribution enter the email address through which you want to receive the NRC Listserv emails click on Subscribe 24

In Summary

This proposal provides an alternate way to dispose of some VLLW in hazardous and municipal waste landfills instead of licensed facilities for radioactive waste.

All unlicensed disposal facilities will receive a detailed technical review by the regulator before receiving an exemption from the licensing requirements, and thereby be approved to become an authorized recipient.

All VLLW accepted by an authorized recipient must be within the envelope specified in the exemption.

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