ML24022A141

Public Meeting - NRC Presentation - Integrated Low-Level Radioactive Waste Disposal Rulemaking

ML24022A141
Person / Time
Issue date:	01/23/2024
From:	George Tartal NRC/NMSS/DREFS/MRPB
To:
References
Download: ML24022A141 (34)

Text

Public Meeting:

Integrated Low-Level Radioactive Waste Disposal Rulemaking January 23, 2024 ADAMS Accession No. ML24022A141

Purpose

• Describe the draft regulatory concepts in the Integrated Low Level Radioactive Waste Disposal proposed rule

• Allow members of the public to make presentations on this rulemaking

• No formal comments collected during this meeting - rather we will describe future opportunities to submit comments 2

Agenda

• Logistics

• Opening remarks

• Integrated LLW rulemaking

• Safety case and technical assessments

• Timeframes (compliance period)

• GTCC criticality and physical protection

• Waste acceptance

• Exception criteria

• Public Presentations

• Next steps 3

Logistics

• This meeting is being recorded

• When prompted for questions and discussion, please indicate your desire to speak by using the Raise Hand button in Teams (or press *5 if participating by phone)

• Once your name has been called by the facilitator, you will need to unmute yourself (press *6 if participating by phone)

• Chat feature is also enabled

• Presentation slides shown on the Microsoft Teams screen and in ADAMS at ML24022A141

• Phone attendees should e-mail george.tartal@nrc.gov for attendance record 4

Opening Remarks Jane Marshall Director Division of Decommissioning, Uranium Recovery, and Waste Programs (DUWP)

Office of Nuclear Material Safety and Safeguards (NMSS) 5

Integrated LLW Rulemaking 6

Integrated Low-Level Radioactive Waste Disposal Rulemaking Site-Specific Analyses Consolidate and integrate criteria for GTCC and 10 CFR Part 61 rulemaking Conduct site-specific analyses for all waste streams including DU and GTCC waste Include graded approach for compliance period Include TRU waste in the definition of LLW Address physical protection and criticality concerns in GTCC waste streams Provide for Agreement State licensing of certain GTCC waste streams

Safety Case and Technical Assessments

• Safety Case

Widely recognized internationally

Original Part 61 has many elements

Useful to stakeholders to better understand basis for decisions

• Technical Analyses (§ 61.13)

Performance assessment (not new - renamed)

Intruder assessment (new)

Site stability assessment (new for significant quantities of long-lived)

Operational safety assessment (for some types of GTCC waste)

Performance period analyses (for significant quantities of long-lived) 7

Safety Case

• A high-level summary of the information and analyses that support the demonstration that the land disposal facility will be constructed and operated safely - think executive summary.

• Provides reasonable assurance that the disposal site will be capable of isolating waste and limiting releases to the environment.

• Describes the strength and reliability of the technical analyses.

• Includes consideration of defense-in-depth protections and safety relevant aspects of the site, the facility design, and the managerial, engineering, regulatory, and institutional controls.

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9 Performance Assessment

• The technical analyses completed for existing sites for the potential impacts to an offsite member of the public are considered synonymous with a modern performance assessment

• Understanding, tools, and capabilities have improved significantly since the early 1980s

• Significant guidance developed to support the proposed requirements for performance assessment (e.g., FEPs, uncertainty, model support)

10 Intruder Assessment

• The basis for § 61.55 in the current regulation is an NRC intruder assessment

• Revised requirements would allow for a site-specific intruder assessment This is a flexible and risk-informed approach

11 Site Stability Assessment

• Most problems with early disposal sites arose from short-term stability issues

• Those problems were addressed through design and site characteristic requirements

• Disposal of significant quantities of long-lived radionuclides may require long-term stability assessment

- Addressed in the context of § 61.41 and

§ 61.42

12 Operational Safety Assessment

• Operational safety (§ 61.43) is typically achieved through a combination of systems, procedures, controls, and training

• Accidents scenarios were evaluated by NRC when Part 61 was developed

• Some GTCC waste may contain sufficient radioactivity that an operational safety assessment may be necessary

13 Performance Period Analyses

• Performance period only applies if significant quantities of long-lived radionuclides will be disposed

• Expected proposed standard is to reduce exposures to the extent reasonably achievable

• Provide transparency to stakeholders on the expected long-term performance of the disposal system

• Long-term results not a measure of projected human health impacts

14 Safety and Compliance

• Safety can be achieved through different means:

- Disposal concept

- Prescriptive design

- Technical analyses

• Proposed approach leans more heavily on technical analyses to afford greater flexibility

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• Use different compliance periods depending on the long-lived component of the waste - flexible and site-specific

• Compliance period of 1,000 years without significant quantities of long-lived radionuclides otherwise 10,000 years and performance period

• Primary consideration is current practices by Agreement States (AS)

Compatibility class will likely allow the AS to be more restrictive

• Considered what has been done in the US and internationally Timeframes (Compliance Period)

GTCC Criticality Protection

• Critical mass quantity (prior to disposal)

- Waste in concentrations of fissile material that cannot go critical

- Exemption from fissile material classification specified at 10 CFR 71.15(c)

• Significant amount of fissile material in a disposal unit (after disposal)

- Identify design features for limiting potential for reconcentration of fissile material, as appropriate 16

GTCC Physical Protection

• 10 CFR Part 73.67 - physical protection requirements for a fixed site (prior to disposal) disposing special strategic nuclear material

- Account for very dilute waste not mechanically separable (i.e.,

limited attractiveness)

- Exemption for waste at a low-level waste disposal facility specified at 10 CFR 73.67(b)

- Consistent with IAEA and DOE approaches

• Physical protection requirements for radioactive waste material under 10 CFR Parts 20 and 37 remain unchanged

- Part 20 Subpart I Storage and Control of Licensed Material

- Part 37 Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material (16 specific radionuclides) 17

Waste Acceptance

• Site-Specific Waste Acceptance Criteria (WAC) (§ 61.58)

• Use §61.55 limits or results of

§61.13 technical analyses

• Licensees review their waste acceptance program annually

• If approved, incorporated into license

• Generators still use § 61.55 for waste classification 18

Exception Criteria

• § 61.1 (b) (Purpose and scope)

- Exception criteria

• the land disposal facility license was originally issued before the effective date of this rule AND

• the licensee does not accept GTCC or a significant quantity of long-lived radionuclides after the effective date of this rule

• Licensees who meet these exceptions do not need to comply with revised Technical Analyses (§ 61.13), revised Performance Objectives (§ 61.41 and § 61.42), and WAC

(§61.58)

• Excepted licensees would be required to comply with original Part 61 regulations for these sections above 19

Public Presentations

• Daniel B. Shrum - Executive Director, Low-Level Radioactive Waste Forum

• Amie Robinson - Department of Energy, Office of Environmental Management

• Chris Schwarz - Licensing & Performance Assessment and ECP Manager, Urenco USA

• Thomas E. Magette, P.E. - President, Severn Nuclear Services LLC

• Diane DArrigo - Nuclear Information and Resource Service 20

Develop Proposed Rule that Integrates GTCC and 10 CFR Part 61 Rulemaking Hold Public Meetings and Comment Period Submit to Commission for Approval Develop Final Rule Revise NUREG-2175 and Develop GTCC Guidance Hold for Commission Approval of Proposed Rule Submit to Commission for Final Approval Publish Proposed Rule Hold Public Meetings and Comment Period Issue Final Guidance Publish Draft Guidance Develop Final Guidance May 2024 Publish Final Rule November 2025 Hold for Commission Approval of Final Rule 21 Public Meetings Onsite meetings at sited states and virtual meetings Rulemaking Guidance You are here Next Steps

Where to Find Information 22 Go to https://www.regulations.gov and search for docket ID NRC-2011-0012

George Tartal george.tartal@nrc.gov 301-415-0016 Priya Yadav priya.yadav@nrc.gov 301-415-6667 Cardelia Maupin cardelia.maupin@nrc.gov 301-415-4127 23 Contacts

Abbreviations, Acronyms and Initialisms ADAMS Agencywide Documents Access and Management System AS Agreement States CFR Code of Federal Regulations DOE Department of Energy DU Depleted Uranium FEP Features, Events and Processes FRN Federal Register Notice GTCC Greater Than Class C IAEA International Atomic Energy Agency ILW Intermediate Level Waste LLW Low Level Waste MD Management Directive NEI Nuclear Energy Institute NRC Nuclear Regulatory Commission NRR Office of Nuclear Reactor Regulation PRM Petition for Rulemaking SECY Document from the NRC staff to inform or seek decision from the Commission SRM Staff Requirements Memorandum TRU Transuranic Waste WAC Waste Acceptance Criteria 24

How did we do?

• The public meeting feedback form can be accessed on the meeting details page:

https://www.nrc.gov/pmns/mtg?do=details&Code=20231325 25

Backup Slides 26

Low-Level Waste and Transuranic Waste 27 Class B

Class A

Class C

GTCC Trans-uranic Waste LLW

Rulemaking History

• In 2016, NRC sent a draft final rule to the Commission on LLW disposal to address waste streams that differ significantly in quantity and concentration from what Part 61 originally assumed

• In 2019 NRC published for public comment a draft regulatory basis for the disposal of Greater-than-Class-C (GTCC) waste through means other than deep geological disposal

• In 2022 the Commission directed staff to combine the Part 61 LLW and GTCC efforts to address overlapping technical requirements, streamline stakeholder outreach, and gain efficiency in proceeding as one rulemaking activity 28

29 Performance Assessment - Guidance Example

30 Intruder Assessment

What are Significant Quantities?

• Definition in § 61.2

- Significant quantities of long-lived radionuclides means an amount (volume or mass) and concentration accepted for disposal after the

[effective date of this rule] that could, if released, result in the performance objectives of subpart C of this part not being met.

• Amount for selection of compliance period (1,000 or 10,000 years)

• Amount for demonstrating meeting exception criteria

• For the purposes of this paragraph, less than 10 metric tons of depleted uranium is not considered a significant quantity of long-lived radionuclides.

31

Significant Quantities

• Site-specific calculations to determine what amounts are significant

- Though a simple approach is preferred, to properly account for the multiple key factors a more complex approach could be needed

- Determined by licensee and approved by regulators

• Example approaches included in NUREG-2175

- Table of concentrations of long-lived radionuclides for potential use as generic screening values 32

• Potential addition of minimum depth requirement

• § 61.52 Land disposal facility operation and disposal site closure.

- Significant quantities of uranium must be disposed so that the top of the waste is a minimum of 5 meters below the top of the surface cover.

33 Minimum Depth of Disposal for Significant Quantities of Uranium

Implementation Guidance

• Draft NUREG-2175 in 2015 for public comment

• Draft final version of guidance published in 2016 on NRC Part 61 website

• Updates for Revision 1

- Appendix for GTCC waste disposal considerations

- Appendix for approach to calculate significant quantities of long-lived radionuclides

- Revisions based on proposed rule language 34