[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13451-13456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05851]
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NUCLEAR REGULATORY COMMISSION
[NRC-2014-0080]
Low-Level Radioactive Waste Regulatory Program
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft programmatic assessment results; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting
comment on a draft list of prioritized low-level radioactive waste
(LLW) tasks based upon the assessment updates to the strategic
assessment (now called a programmatic assessment) performed in 2007.
The objective of this updated assessment remains the same as the 2007
assessment; that is, to identify and prioritize tasks that the NRC
staff can undertake to ensure a stable, reliable, and adaptable
regulatory framework for effective LLW management, while also
considering future needs and changes that may occur in the nation's
commercial LLW management system.
In 2014, through public meetings, webinars, and Federal Register
notices, the NRC staff solicited public comment on what changes, if
any, should be made to the current LLW program's regulatory framework,
as well as specific actions that the staff might undertake to
facilitate such changes. The NRC staff considered the comments
received, performed an assessment of the comments, and developed a
draft list of prioritized LLW tasks.
DATES: Submit comments by April 13, 2015. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to assure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0080. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Stephen Dembek, telephone: 301-415-
2342, email: [email protected]; or Melanie C. Wong, telephone:
301-415-2432, email: [email protected], both are staff of the Office
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2014-0080 when contacting the NRC
about the availability of information regarding this document. You may
obtain publicly-available information related to this document by any
of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0080.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
``Strategic Assessment of Low-Level Radioactive Waste Regulatory
Program'' and ``Transcript of Public Workshop on Low-Level Radioactive
Waste Disposal Rulemaking and Strategic Assessment of Low-Level
Radioactive Waste'' are available in ADAMS under Accession Nos.
ML071350291 and ML14086A540.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2014-0080 in the subject line of your
comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Background
In 2007, due to developments in the national program for LLW
disposal, as well as changes in the regulatory environment, the NRC's
LLW program faced new challenges and issues. New technical issues
related to protection of public health and the environment and security
emerged. These challenges and issues included (1) the need for greater
flexibility and reliability in LLW disposal options; (2) increased
storage of Class B and Class C LLW because of the potential closing of
the Barnwell, South Carolina disposal facility to out-of-compact waste
generators; (3) the potential need to dispose of large quantities of
power plant decommissioning waste, as well as depleted uranium (DU)
from enrichment facilities; (4) increased safety concerns; (5) the need
for greater LLW program resources than were available; (6) increased
security concerns related to storing LLW in general and sealed
radioactive sources in particular; and (7) the potential for generation
of new waste streams (for example, by the next generation of nuclear
reactors and the potential reemergence of nuclear fuel reprocessing in
the United States).
Based on these challenges and issues, the NRC staff conducted a
Strategic Assessment of the NRC's LLW regulatory program. Based on
extensive stakeholder input during public meetings, the NRC staff
received a variety of tasks to be included in the
[[Page 13452]]
Strategic Assessment and evaluated them based on the overall strategic
objectives for ensuring safety, and security, and other factors. From
these solicited tasks, the NRC developed a list of 20 tasks responsive
to identified programmatic needs. These tasks were assigned priorities
of high, medium, or low, and ranged from narrowly focused tasks such as
updating LLW storage guidance to broader tasks such as suggesting
legislative changes to Congress to improve the national LLW program.
The NRC staff issued the strategic assessment in late 2007 in SECY-
07-0180, ``Strategic Assessment of Low-Level Radioactive Waste
Regulatory Program'' (ADAMS Accession No. ML071350291). The strategic
assessment identified and prioritized the NRC staff's tasks to ensure
that the LLW program continued to: (1) Ensure safe and secure LLW
disposal; (2) improve the effectiveness, efficiency, and adaptability
of the NRC's LLW regulatory program; and (3) ensure regulatory
stability, and predictability, while allowing flexibility in disposal
options.
Since 2007, the NRC has completed several high priority tasks
identified in the 2007 Strategic Assessment, including updating
guidance for LLW storage and evaluating the disposal of DU and the
measures needed to ensure its safe disposal. In addition, the NRC
continues to work on the revisions to part 61 of Title 10 of the Code
of Federal Regulations (CFR) and implementation of the update to the
Concentration Averaging and Encapsulation Branch Technical Position. In
addition, the national LLW program continues to evolve.
To set the direction for the NRC's LLW regulatory program in the
next several years, the NRC began developing a new strategic assessment
of its LLW program (now called a programmatic assessment). The
objective of this updated programmatic assessment remains the same as
the 2007 strategic assessment; i.e., to identify and prioritize tasks
that the NRC can undertake to ensure a stable, reliable and adaptable
regulatory framework for effective LLW management, while also
considering future needs and changes that may occur in the nation's
commercial LLW management system.
The NRC solicited public comment on what changes, if any, should be
made to the current LLW program's regulatory framework, as well as
specific actions that the NRC might undertake to facilitate such
changes. Specifically, the NRC requested comments at a public workshop
in Phoenix, Arizona on March 7, 2014. Additionally, the NRC requested
comments by issuing a Federal Register notice on May 15, 2014 (79 FR
27772), with a 60-day public comment period. The NRC also held webinars
on June 17, 2014, and July 8, 2014, requesting comments on the proposed
update to the assessment. The initial comment period was scheduled to
close on July 14, 2014. However, on July 9, 2014 (79 FR 38796), the NRC
extended the comment period to September 15, 2014. The NRC sought
comments on developments that would affect the LLW regulatory program
over the next several years and that would affect licensees and sited
States and actions that the NRC could take to ensure safety, security,
and the protection of the environment.
The NRC received twelve comment submissions to the Federal Register
notices and also received numerous comments as the result of the public
meeting and webinars. The comment submissions are available on the
federal rulemaking Web site at http://www.regulations.gov under Docket
ID NRC-2014-0080.
III. Updated Prioritized List of LLW Tasks
The NRC received numerous comments in response to the request for
suggested updates to the programmatic assessment. Many commenters
expressed similar views, but there also were conflicting comments
(e.g., some commenters wanted the NRC to make it easier to dispose of
Low Activity Waste (LAW) at Resource Conservation and Recovery Act
sites or other disposal facilities not licensed in accordance with the
NRC's regulations in 10 CFR part 61; other commenters wanted the NRC to
require that disposal of LAW be done only at licensed LLW sites).
Comments that were determined to be outside the scope of the
programmatic assessment or comments related to tasks that have been
recently completed by the NRC are not addressed in this programmatic
assessment.
To evaluate and prioritize these comments, the NRC used the LLW
strategic objective that was developed for the 2007 strategic
assessment. Specifically, in SECY-07-0180 the NRC used the NRC's
Strategic Plan to develop a strategic objective for the LLW regulatory
program. To ensure the strategic objective was still current, the NRC
reviewed the latest version of the NRC's Strategic Plan (Strategic
Plan: Fiscal Years 2014-2018 (NUREG-1614, Volume 6, which can be found
at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1614/v6/). The NRC concluded that the strategic objective developed in SECY-
07-0180 is still applicable. The strategic objective is: ``The
objective of the NRC's LLW regulatory program is to provide for a
stable, reliable, and adaptable regulatory framework for effective LLW
management, while maintaining safety, security, and protection of the
environment.'' The NRC evaluated whether the need to complete each task
was a short, medium, or long term priority. Also, the NRC considered
potential costs and benefits along with consideration of the
availability of disposal options.
The NRC used the list of 20 items in SECY-07-0180, as a starting
point and combined, deleted, or added items based on the current LLW
landscape and on stakeholder comments received in 2014.
Completed Tasks
Task 5, ``Review and update guidance on extended storage of LLW for
materials and fuel cycle licensees and review industry guidance for
reactors.'' This item was completed by the NRC by issuing Regulatory
Issue Summary (RIS) 2008-12, ``Considerations for Extended Interim
Storage of Low-Level Radioactive Waste by Fuel Cycle and Materials
Licensees,'' (ADAMS Accession No. ML073330725) and RIS 2011-09
``Available Resources Associated with Extended Storage of Low-Level
Radioactive Waste,'' (ADAMS Accession No. ML111520042).
Task 13, ``Identify new waste streams.'' This item is considered
completed because the proposed changes to 10 CFR part 61 (i.e., Site-
Specific Analysis Rulemaking) are broad enough to include potential new
waste streams that may be developed in the future.
Task 17, ``Develop information notice on waste minimization.'' This
item is considered completed because in 2012 the NRC issued its ``Low-
Level Radioactive Waste Management and Volume Reduction,'' policy
statement that addressed this issue and no further work is anticipated
by the NRC. This policy statement is available on the federal
rulemaking Web site at http://www.regulations.gov under Docket ID NRC-
2011-0183.
The completed tasks were removed from the task list:
Combined Tasks
Similar tasks were grouped together, specifically under the topics
related to the revision to 10 CFR part 61. Several tasks in the 2007
assessment were related to the proposed revision to 10 CFR part 61
including, determining if disposal of large quantities of DU would
[[Page 13453]]
change the waste classification tables; developing guidance on
alternate waste classification; and implementing major revisions to 10
CFR part 61. Based on the Commission's direction, the NRC's efforts
related to revision to 10 CFR part 61 has been limited to specifying a
requirement for a site-specific analysis and associated technical
requirements for unique waste streams including the disposal of
significant quantities of DU. These tasks have been combined and
separated into two tasks, ``Complete and Implement Site-Specific
Analysis Rulemaking,'' and ``Update the Waste Classification Tables.''
Once the Site-Specific Analysis Rulemaking is complete, in accordance
with Revised Staff Requirements-SECY-13-0001, ``Staff Recommendations
for Improving the Integration of the Ongoing 10 CFR part 61 Rulemaking
Initiatives'' (ADAMS Accession No. ML13085A318), the NRC staff plans to
communicate further with the Commission on the need for a second
rulemaking for revising the waste classification tables.
Deleted Tasks
Several items included in the table in SECY-07-0180 were deleted
from the table in this section.
These items were:
Task 1, ``Evaluate potential changes to LLW regulatory program as a
result of severe curtailment of disposal capacity.'' This item was
deleted because the anticipated curtailment of disposal capacity did
not occur and is not expected to occur in the near term.
Task 8, ``Examine the desirability and benefits of legislative
changes.'' As with Task 1, this item was deleted because the
anticipated curtailment of disposal capacity did not occur and is not
expected to occur in the near term.
Task 15, ``Develop waste acceptance criteria for LLW disposal in
uranium mill tailings impoundments.'' The NRC anticipated that some LLW
would need to be disposed in uranium mill tailing impoundments due to
the diminishing capacity at LLW disposal sites. This item was deleted
because the anticipated curtailment of disposal capacity did not occur
and is not expected to occur in the near term.
Added Task
A new task has been added to the list, ``Update NUREG/BR-0204, Rev.
2 (July 1998), ``Instructions for Completing NRC's Uniform Low-Level
Radioactive Waste Manifest.'' NUREG/BR-0204 provides instructions for
completing the NRC's Forms 540/540A, 541/541A, and 542/542A.'' These
forms are collectively known as the uniform manifest. Stakeholders and
the NRC have identified items on the forms that should/need to be
revised. For example, instructions for manifest reporting of the
activities of hydrogen-3, carbon-14, technetium-99, and iodine-129,
when their activities are below the lower limit of detection, will be
clarified. Additionally, work on the 10 CFR part 61 rulemaking also
identified needed revisions to the forms.
Table 1 reflects the NRC's views on the tasks that should receive
priority consideration moving forward.
Table 1--LLW Programmatic Assessment: Summary of Tasks Evaluated by NRC Staff
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Rationale for
Task Description Current ranking Previous ranking change in ranking
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1. Complete and Implement Site- This task High............... Not applicable, Not applicable,
Specific Analysis Rulemaking. includes: this is a combined this is a
Developing task.. combined task.
guidance that
explains how to
meet the
provisions of the
proposed changes
to 10 CFR part
61; and
implementing
revisions to 10
CFR part 61. This
task would
address changes
to 10 CFR part 61
that cannot be
implemented
through guidance
changes. This
task is currently
ongoing.
2. Update the Waste This task will High............... High............... Not applicable,
Classification Tables. include: no change in
Determining if ranking.
the disposal of
large quantities
of DU would
change the waste
classification
tables and
revising the
waste
classification
tables.
3. Implement the Updated The NRC is High............... High............... Not applicable,
Concentration Averaging and implementing the no change in
Encapsulation Branch Technical recently issued ranking.
Position (BTP). updated BTP.
Implementation
would include
public
information
meetings and
training. This
task is currently
ongoing.
4. Perform scoping study of the This task includes High............... High............... Not applicable,
need to review/expand identifying the no change in
byproduct material financial need, if any, and ranking.
assurance to account for life- rationale for
cycle cost. additional
financial
planning for end-
of-life
management of
radioactive
sealed sources
and, if
necessary, other
byproduct
material. This
would include,
but not
necessarily be
limited to,
Category 1 and 2
sources included
in the 2014
Radiation Source
Protection and
Security Task
Force Report,
Recommendation 2.
This task is
currently ongoing.
[[Page 13454]]
5. Clarify the regulatory This task will High............... Medium............. The DOE is in the
authority of greater-than- include: finalization
Class C (GTCC) waste disposal Determining the stage of the
and develop licensing criteria regulatory final
for a GTCC disposal facility. authority for environmental
licensing a GTCC impact statement
waste disposal for GTCC waste
facility and disposal. The
developing NRC needs to be
licensing prepared should
criteria for GTCC DOE submit a
disposal in license
facilities other application for
than those of the GTCC waste
deep geologic disposal.
type. This could
include the
identification of
necessary site
and waste
characteristics,
as well as
facility baseline
design criteria.
Whether this task
is necessary
depends upon
whether the U.S.
Department of
Energy (DOE)
chooses a non-
geologic
repository for
GTCC disposal.
This task is
currently ongoing.
6. Finalize internal procedure/ To improve High............... High............... Not applicable,
Standard Review Plan for 10 consistency and no change in
CFR 20.2002 requests. transparency, the ranking.
NRC is finalizing
implementation
guidance for 10
CFR 20.2002,
``Method for
obtaining
approval of
proposed disposal
procedures.''
This task in
currently ongoing.
7. Update NUREG/BR-0204, Rev. 2 NUREG/BR-0204 High............... Not applicable, Not applicable,
(July 1998), ``Instructions provides this is a new this is a new
for Completing NRC's Uniform instructions for task.. task.
Low-Level Radioactive Waste completing the
Manifest''. NRC's Forms 540/
540A, 541/541A,
and 542/542A.
These forms are
collectively
known as the
uniform manifest.
Stakeholders and
the NRC have
identified items
on the forms that
should/need to be
revised.
Additionally,
work on the 10
CFR part 61
rulemaking also
identified needed
revisions to the
forms. This task
is currently
ongoing.
8. Develop guidance that This task would Medium............. Medium............. Not applicable,
summarizes disposition options require issuance no change in
for low-activity waste (LAW). of a regulatory ranking.
issue summary
that contains all
of the existing
staff positions
on the disposal
of LAW.
9. Update and consolidate LLW This task would be Medium............. Medium............. Not applicable,
guidance into one NUREG. similar to the no change in
guidance ranking.
consolidation
that was
conducted for the
materials
licensing program
(resulting in
NUREG-1556) and
the
decommissioning
program
(resulting in
NUREG-1757).
[[Page 13455]]
10. Coordinate with other The NRC will Medium............. Medium............. Not applicable,
agencies on consistency in coordinate with no change in
regulating LAW and determine other government ranking.
the impact of LAW disposal agencies to look
from radiological dispersal at a broad range
devices (RDD). of issues
associated with
LAW. The study
will consider the
divergent
stakeholder
comments as part
of this
programmatic
assessment,
lessons learned
from the revoked
below regulatory
concern policy
statements of the
NRC published in
the Federal
Register on July
3, 1990 (55 FR
27522), and
August 29, 1986
(51 FR 30839),
lessons learned
from the
Commission's 2005
disapproval of
publication of a
proposed rule
(the
``Clearance''
rule) on
radiological
criteria for
controlling the
disposition of
solid materials,
learning from
other countries
with LAW
disposal, and
other factors to
come up with a
recommendation
for resolving
this issue. This
will include work
with other
government
agencies to
evaluate the
impact of large
quantities of LAW
that would result
from cleanup
after an RDD or
similar devise is
used in the U.S.
and ensure LAW
resulting from
such devices has
a disposal
pathway. The NRC
would develop a
memorandum of
understanding
with other
agencies.
11. Promulgate rule for The NRC would Medium............. Low................ The NRC
disposal of low-activity waste promulgate a rule anticipates a
(LAW). that would define higher volume of
the conditions LAW from reactor
under which LAW, decommissioning
including mixed and material
waste, could be waste.
disposed of in
Resource
Conservation and
Recovery Act
Subtitle C
hazardous waste
facilities. The
NRC would exempt
the materials
authorized for
disposal.
12. Develop procedures for The NRC would Low................ High............... The NRC does not
Import/Export Review. develop internal, anticipate a
and external significant
guidance related number of
to the review of requests to
applications for export or import
licenses to radioactive
import or export waste in the
radioactive near future.
waste. The Therefore, due
internal to limited
procedure would resources, this
include the is being
process for assigned a lower
vetting and priority.
resolving complex
issues as well as
a summary of
issues previously
resolved. The
external guidance
would include a
description of
the technical and
regulatory
analyses
necessary to
respond to the
Office of
International
Programs in its
processing of
import/export
license
applications.
[[Page 13456]]
13. Examine the need for This task will Low................ Low................ Not applicable,
guidance on defining when include no change in
radioactive material becomes determining ranking.
LLW. whether a need
exists for the
NRC to provide
guidance to
licensees on when
radioactive
material becomes
LLW. Radioactive
material that is
LLW can be
subject to
measures, such as
storage guidance
and/or financial
assurance
provisions that
differ from those
for radioactive
materials for
which this is an
intended use.
14. Develop and implement the This task will Low................ Low................ Not applicable,
national waste tracking system. include no change in
promulgating a ranking.
regulation that
would identify
the data
necessary to
track the origin,
management, and
disposition of
all LLW. Require
the promulgation
of a compatible
State regulation
by all Agreement
States with
licensees that
produce LLW. By
these
regulations,
require that
licensees provide
necessary
information to
regulatory
authorities on a
regular,
prescribed basis.
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IV. Specific Requests for Comments
The NRC is requesting comments on the updated prioritized task list
as presented in section III, Table 1 of this document. In particular,
the NRC is requesting any views on possible unintended consequences of
finalizing the proposed task list and any tasks that commenters feel
the NRC did not adequately consider.
Dated at Rockville, Maryland, this 3rd day of March, 2015.
For the Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Division of Decommissioning, Uranium Recover and Waste
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-05851 Filed 3-12-15; 8:45 am]
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