ML23186A010

Update on the Greater than Class C (GTCC) and 10 CFR Part 61 Rulemakings

ML23186A010
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Issue date:	06/08/2023
From:	Maupin C NRC/NMSS/DMSST
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Download: ML23186A010 (1)

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Update on The Greater than Class C (GTCC) and 10 CFR Part 61 Rulemakings Protecting today, tomorrow, and cleaning up the past Cardelia Maupin, Senior Project Mgr.

Low-Level Waste and Projects Branch Division of Decommissioning, Office of Nuclear Material Safety and Uranium Recovery, and Waste Safeguards Programs (DUWP)

The Low-Level Radioactive Waste Policy Act of 1980 (1) The term "disposal" means the isolation of low-level radioactive waste pursuant to requirements established by the Nuclear Regulatory Commission under applicable laws.

(2) The term "low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11e . (2) of the Atomic Energy Act of 1954 (uranium mill tailings).

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10 CFR Part 61 Waste Classes Waste Classes Class Class A B Transuranic P

Waste Class GTCC C

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10 CFR Part 61 LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE

• 10 CFR Part 61 contains requirements and performance objectives applicable to LLRW land disposal

• Definition of LLRW same as that in LLRWPA of 1980

• 10 CFR Part 61 is based on assumptions developed in early 1980s

• The regulation covers all phases of LLRW disposal from site selection through facility design, licensing, operations, closure, and post-closure stabilization, to the period when active institutional controls end

• Disposal of LLRW has the following performance objectives:

• protection of the general population from releases of radioactivity

• protection of individuals during operations

• ensure stability of the site after closure

• protection of individuals from inadvertent intrusion 4

GTCC Waste Three categories of GTCC waste:

• activated metals, sealed sources, and other waste Irradiated Reactor Sealed Glove Boxes Components Sources 5

Locations of Low-Level Radioactive Waste Disposal Facilities

• U.S. Ecology, Richland, WA Richland Accepts Class A, B, and C waste

• EnergySolutions Clive Operations, Clive, UT Accepts Class A waste only Clive

• Waste Control Specialists Barnwell Andrews, TX Andrews Accepts Class A, B, and C waste

• EnergySolutions Barnwell Operations, Barnwell, SC Accepts Class A, B, and C waste 6

Challenges to the Current Regulatory Framework in Part 61 1982 Assumption Current Practice Waste hazard duration Some defaulted Class A wastes are being Class A and B: 100 years disposed of in greater quantities than Class C: 500 years assumed and could cause hazards past these periods (e.g., Depleted Uranium (DU))

Only DOE enriches uranium Private sector entities are operating DU only commercially available enrichment facilities in small quantities Average disposed waste Blended wastes create wastes much closer concentration expected to be well to class limit below class limit Greater-than-Class-C (GTCC) waste Considering near-surface disposal for disposal in geologic repository or by certain GTCC waste streams Commission approval 7

The Low-level Radioactive Waste Policy Amendments Act of 1985 LOW-LEVEL RADIOACTIVE WASTE.The term 'low-level radioactive waste' means radioactive material that

" is not high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in section ll e.(2) of the Atomic Energy Act of 1954

• Transuranic waste was removed as an exclusion from LLRW 8

History of NRC LLRW/GTCC Rulemaking Activities 2013

• Part 61 proposed rule sent to the Commission (SECY-13-0075) 2014

• Commission approved Part 61 proposed rule (SRM-SECY-13-0075) 2015

• Texas request for clarification on AS authority to regulate GTCC

• Staff recommends allowing Texas to license disposal of GTCC waste (SECY-15-0094)

• Commission directs staff to develop GTCC regulatory basis (SRM-SECY-15-0094) 2016

• Part 61 draft final rule sent to the Commission (SECY-16-0106) 9

History of NRC LLRW/GTCC Rulemaking Activities 2017

• Commission directs staff to proceed with supplemental proposed rule (SRM-SECY-16-0106) 2019

• Draft GTCC regulatory basis published in Federal Register

• NRC held 2 public meetings 2020

• Staff recommends to Commission to combine the Part 61 and GTCC waste rulemaking efforts and issue a re-proposed rule (SECY-20-0098) 2022

• Commission approves the staffs recommendation (SRM-SECY-20-0098) 10

Overlapping Technical Requirements:

Proposed Part 61 and Proposed GTCC Part 61 Potential Requirements Part 61 Potential Requirements for Certain Types and Quantities for GTCC of Waste

• Site-specific analysis to ensure

• Site-specific analysis to ensure protection to inadvertent intruders protection to inadvertent intruders and offsite individuals and offsite individuals

• Site specific waste acceptance

• Site specific waste acceptance criteria criteria

• Compliance period and

• Compliance period performance period analyses for and performance period analyses significant quantities of long-lived for significant quantities of long-lived 11

LLW Rulemakings Part 61 and GTCC Rulemakings Combine these efforts to address overlapping technical requirements, streamline stakeholder outreach, and gain efficiency in proceeding as one rulemaking activity (SECY-20-0098)

Commission issued Staff Requirements Memorandum (SRM-SECY-20-0098) on April 5, 2022 12

Preparing the Integrated LLRWD Rulemaking Site-

• Consolidate and integrate criteria for Specific GTCC and low level waste Analyses

• Conduct site-specific analyses for all Depleted Uranium GTCC waste streams including DU and GTCC TRU

• Include graded approach for Waste compliance period

• Include TRU waste in the definition of LLRW

• Address physical protection and criticality concerns in GTCC Integrated waste streams LLRWD

• Provide for Agreement State Rulemaking licensing of certain GTCC waste streams 13

Schedule Update Rulemaking Develop Proposed Hold Public Submit to Submit to Develop Publish Final Rule that Integrates Publish Meetings and Commission Commission Final Rule Rule GTCC and 10 CFR Proposed Rule Comment for Final for Approval Part 61 Rulemaking Period Approval Virtual Onsite meetings at sited Public Meeting states and virtual meetings May 17, November 2023 2026 2023 Guidance Hold for Hold Public Hold for Revise NUREG-2175 Commission Meetings Develop Publish Draft Commission Issue Final and Develop GTCC Approval of and Final Guidance Approval of Guidance Guidance Proposed Comment Guidance Final Rule Rule Period 14

Contacts George Tartal, Rulemaking PM David Esh, Technical lead Email: george.tartal@nrc.gov Email: David.Esh@nrc.gov Phone: (301) 415-1951 Phone: (301) 415-6705 Cardelia Maupin, GTCC lead Tim McCartin, Technical lead Email: cardelia.maupin@nrc.gov Email: Timothy.McCartin@nrc.gov Phone: (301) 415-4127 Phone: (301) 415-7099 Priya Yadav, LLW lead Email: priya.yadav@nrc.gov Phone: (301) 415-6667 15

Questions/Comments Follow @NRCgov To subscribe to LLW Listserv e-mail updates:

https://www.nrc.gov/public-involve/listserver.html#lyris Scroll down to LLW Distribution and check the box!

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