ML22144A410

Integrated Low-Level Radioactive Waste Disposal Rulemaking Working Group Charter

ML22144A410
Person / Time
Issue date:	06/16/2022
From:	Irene Wu NRC/NMSS/DREFS/MRPB
To:
Wu I
References
Download: ML22144A410 (5)

Text

Integrated Low-Level Radioactive Waste Disposal Rulemaking WORKING GROUP CHARTER PURPOSE The purpose of this working group (WG) is to develop proposed and final rules, and associated implementing guidance, to revise the U.S. Nuclear Regulatory Commissions (NRC) regulations for low-level radioactive waste disposal in Title 10 of the Code of Federal Regulations (10 CFR)

Part 61, Licensing Requirements for Land Disposal of Radioactive Waste, and to specify new requirements related to greater-than-Class C (GTCC) and transuranic waste disposal. In Staff Requirements Memorandum (SRM)-SECY-20-0098, 1 the Commission approved the staffs proposed plan 2 to consolidate and integrate the GTCC waste and 10 CFR Part 61 rulemaking efforts and to provide for Agreement State licensing of those GTCC waste streams that meet the regulatory requirements for near-surface disposal and do not present a hazard such that the NRC should retain disposal authority. These rulemaking actions would ensure that the waste streams that are significantly different from those considered during the development of existing regulations will continue to be disposed of safely and meet the performance objectives for land disposal of low-level radioactive waste. This charter describes the WGs composition, activities, and estimated schedule for developing the proposed and final rulemaking packages and associated implementing guidance.

MEMBERSHIP The overall responsibility for this rulemaking is with the Office of Nuclear Material Safety and Safeguards (NMSS). Within NMSS, the two responsible divisions are the Division of Rulemaking, Environmental, and Financial Support (REFS) and Division of Decommissioning, Uranium Recovery, and Waste Programs (DUWP).

The WG will consist of NRC staff members and a representative from the Organization of Agreement States (OAS). The membership and roles of the WG are provided in the table below.

The WG membership may change during execution of the project. The WG may seek additional expertise as needed.

Organization WG Members NRC/NMSS/REFS/Materials Rulemaking Irene Wu, Rulemaking Project Manager and Project Management Branch George Tartal, Rulemaking Project Manager Cardelia Maupin, GTCC Technical Lead NRC/NMSS/DUWP/Low-Level Waste and Priya Yadav, Part 61 Technical Lead and Projects Branch Guidance Project Manager NRC/NMSS/REFS/Regulatory Analysis TBD, Regulations Specialist and Rulemaking Support Branch Aaron Sanders, Cost Analyst NRC/NMSS/REFS/Environmental Review Joe Giacinto, Environmental Technical Materials Branch Support 1 SRM-SECY-20-0098, Staff Requirements - SECY-20-0098 - Path Forward and Recommendations for Certain Low-Level Radioactive Waste Disposal Rulemakings, dated April 5, 2022 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22095A227).

2 SECY-20-0098, Path Forward and Recommendations for Certain Low-Level Radioactive Waste Disposal Rulemakings, dated October 21, 2020 (ML20143A164).

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Working Group Charter Integrated Low-Level Radioactive Waste Disposal Rulemaking Organization WG Members NRC/NMSS/DUWP/Risk and Technical Dave Esh, Risk Analysis Technical Support Analysis Branch Hans Arlt, Risk Analysis Technical Support NRC/NMSS/Division of Fuel Management Tim McCartin, Technical Support NRC/NMSS/Division of Materials Safety, Stephen Poy, Agreement State Program Security, State, and Tribal Programs Support (MSST)/State Agreement and Liaison Programs Branch NRC/Office of Nuclear Security and Gary Purdy, Security Technical Support Incident Response/ Division of Physical and Cyber Security Policy/Materials Security Branch NRC/Office of the Chief Information Officer Fajr Majeed, Information Collections Support NRC/Office of the General Counsel (OGC) Andrew Pessin, Project Attorney Hans Weger (TX)

OAS Ashley McDermott (NY)

A Steering Committee will be convened to provide direction and guidance to the WG. The Steering Committee will consist of NRC management and an OAS representative. The membership of the Steering Committee is provided in the table below. The Steering Committee membership may change during execution of the project.

Organization Steering Committee Members NRC/NMSS/REFS Chris Regan, Director (Chair)

NRC/NMSS/DUWP Jane Marshall, Director NRC/NMSS/MSST Kevin Williams, Director Jessica Bielecki, Assistant General Counsel for NRC/OGC Rulemaking, Agreement States, and Fee Policy OAS Libby McCaskill, Director of Rulemaking OBJECTIVES The WG has two objectives:

1. Develop a proposed rule package and associated draft implementing guidance. In doing so, the WG will consider the draft final rule 3 for 10 CFR Part 61, Commission direction 4 on the 10 CFR Part 61 draft final rule, the GTCC draft regulatory basis, 5 public comments submitted on the GTCC draft regulatory basis, SRM-SECY-20-0098, draft final NUREG-2175, and feedback from advisory committees.

3 SECY-16-0106, Final Rule: Low-Level Radioactive Waste Disposal (10 CFR Part 61) (RIN 3150-AI92), dated September 15, 2016 (ML16188A290).

4 SRM-SECY-16-0106, Staff Requirements - SECY-16-0106 - Final Rule: Low-Level Radioactive Waste Disposal (10 CFR Part 61) (RIN 3150-AI92), dated September 8, 2017 (ML17251B147).

5 A draft regulatory basis, Regulatory Basis for the Disposal of Greater-than-Class C (GTCC) and Transuranic (TRU)

Waste, was issued in the Federal Register (FR) for public comment on July 22, 2019 (84 FR 35037)

(ML19059A403).

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Working Group Charter Integrated Low-Level Radioactive Waste Disposal Rulemaking

2. Develop a final rule package and associated final implementing guidance. In doing so, the WG will consider public comments submitted on the proposed rule, feedback from public meeting(s) held during the development of the proposed rule, and feedback from advisory committees.

SCHEDULE The estimated high-level schedule below covers development of the proposed rule and final rule packages (including guidance). The schedule is preliminary and may change. Detailed schedule information will be provided to WG members and updated as needed.

Milestone Estimated Timeframe 6 WG kickoff meeting May 2022 Development of proposed rule package May 2022 - January 2023 Concurrence and Agreement State review January 2023 - November 2023 Proposed rule package to the Commission November 2023 Commission SRM on proposed rule February 2024 Proposed rule published in FR March 2024 Development of final rule package (including May - October 2024 response to comments and public meetings)

Concurrence and Agreement State review October 2024 - May 2025 Final rule package to the Commission May 2025 Commission SRM on final rule August 2025 Final rule published in FR November 2025 The implementing guidance will follow a complementary schedule and will be made available in ADAMS when concurrence on the proposed rule begins. The draft guidance document will be issued for comment once publication of the proposed rule is approved by the Commission.

ESTIMATED LEVEL OF EFFORT To support the schedule and activities listed, the level of effort for each WG member is estimated below. The level of effort is subject to change.

1. During development of the proposed rule package, the level of effort to attend and prepare for weekly WG meetings and develop rule language and supporting documentation for this rule would be approximately 3 to 20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> per week (depending on the individuals role on the WG) for 33 weeks. During the concurrence period on the proposed rule package, the level of effort to attend and prepare for weekly WG meetings (as needed) to address comments would be approximately 2 to 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> per week (depending on the individuals role on the WG) for 45 weeks. The WG will support any public meetings or workshops needed for the development of the proposed rule or during the public comment period. The total expected level of effort would be approximately 190 to 1020 hours0.0118 days <br />0.283 hours <br />0.00169 weeks <br />3.8811e-4 months <br />.

2. During development of the final rule package, the tasks for the final rule are similar to those for the proposed rule, with the additional task of analyzing and responding to public comments. The level of effort would be approximately 3 to 20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> per week 6 These dates may change depending on the approval of an extension request.

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Working Group Charter Integrated Low-Level Radioactive Waste Disposal Rulemaking (depending on the individuals role on the WG) for 21 weeks. During the concurrence period on the final rule package, the tasks for the final rule are similar to those for the proposed rule. The level of effort would be approximately 2 to 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> per week (depending on the individuals role on the WG) for 28 weeks. The expected level of effort would be approximately 120 to 645 hours0.00747 days <br />0.179 hours <br />0.00107 weeks <br />2.454225e-4 months <br />.

Management briefings and public meetings may be held during the course of the rulemaking effort. Attendance of the WG members is encouraged. All WG meetings and briefings will maximize use of available electronic communication (e.g., Microsoft Teams meetings, conference calls, emails). There is no travel anticipated with this rulemaking activity.

This WG operates as an NRC/Agreement State WG with the roles and responsibilities described in Section IV of State Agreement-801-A, Agreement State Participation in Rulemaking Working Groups, and NRC Management Directive 5.3, Agreement State Participation in Working Groups.

Digitally signed by Tara Inverso Tara Inverso Date: 2022.06.16 16:07:23 -04'00' John R. Tappert, Director, NRC/NMSS/REFS Date Digitally signed by Ashley Ashley B. B. Roberts Date: 2022.06.22 Roberts 16:39:26 -04'00' Ashley B. Roberts, Deputy Director, NRC/NMSS/DUWP Date Digitally signed by Augustinus Augustinus Ong Date: 2022.07.05 Ong 14:24:17 -04'00' Auggie Ong, Chair, OAS Date 4

SUBJECT:

WORKING GROUP CHARTER FOR INTEGRATED LOW-LEVEL RADIOACTIVE WASTE DISPOSAL RULEMAKING; DATE: JUNE 16, 2022 ADAMS Accession Number: ML22144A410 OFFICE NMSS/REFS/ NMSS/REFS/ NMSS/DUWP/ NMSS/DUWP/ NMSS/REFS/

MRPB MRPB LLWPB LLWPB MRPB:BC NAME IWu PCline-Thomas CMaupin PYadav JShepherd DATE 05/25/22 05/24/22 05/25/22 05/25/22 05/26/22 OFFICE NMSS/DUWP/ NMSS/MSST/ NMSS/DUWP:D NMSS/MSST:D NMSS/REFS:D LLWPB:BC SALB:BC NAME SKoenick BAnderson JMarshall KWilliams JTappert DATE 05/31/22 05/25/22 06/03/22 06/07/22 06/01/22 5