Low-level waste and decommissioning comprise one of three sub-arenas that the staff of the U.S. Nuclear Regulatory Commission (NRC) identified in considering which areas of the waste management arena to target for greater use of risk information. This page summarizes the following aspects of this sub-arena with expanding menus:
Objective
Facilitate the application of risk-informed and performance-based approaches in implementing the NRC's rulemaking, licensing, and oversight functions for low-level waste, including waste incidental to reprocessing, and decommissioning on a case-by-case basis.
Basis
The NRC staff engages with the agency's licensees and stakeholders (including the public) in making significant decommissioning decisions and implementing significant actions focusing on risk-significance and potential environmental impacts. The NRC's Office of Nuclear Material Safety and Safeguards (NMSS), in coordination with the Office of Nuclear Regulatory Research (RES) and the Center for Nuclear Waste Regulatory Analysis (CNWRA), is continuing development, maintenance, and evaluation of probabilistic environmental models and codes for risk/dose analysis. Use of probabilistic distributions as inputs to uncertain physical and behavior parameters is common in independent staff reviews in determining risk-significance and request for additional information development. The NRC also uses probabilistic tools with uncertainty analysis to review and assess dose impacts to demonstrate compliance with the dose criteria set forth in Subpart E of 10 CFR Part 20.
In review of waste determinations to be made by the U.S. Department of Energy that waste is incidental to reprocessing, the staff utilizes risk-informed performance-based approaches including uncertainty/sensitivity analyses and alternate conceptual models. The risk insights gained during the review are utilized to establish the monitoring areas for a site.
This list shows the ongoing licensing initiatives, projects, and activities that the staff of the U.S. Nuclear Regulatory Commission (NRC) has targeted for greater use of risk information in the Low-Level Waste and Decommissioning Sub-Arena within the Waste Management Arena:
Summary Description
On June 1, 2021, in SECY-21-0057 – Results of the Very Low-Level Waste (VLLW) Scoping Study, the staff provided the Commission with possible approaches to improve and strengthen the NRC’s VLLW regulatory framework. The purpose of the VLLW Scoping Study was to identify the actions that the NRC should take to strengthen its regulatory framework for VLLW. The regulatory focus is on developing a framework for accommodating the large volumes of VLLW associated with the decommissioning of nuclear power plants, as well as alternative waste streams that may be created by fuel reprocessing and new types of nuclear facilities. Based on the findings in the study, the staff plans to continue with the current regulatory framework. This approach provides adequate protection of public health and safety while providing licensees with flexibility under a risk-informed, performance-based framework. This approach would not result in diverting NRC or industry resources from higher priority decommissioning and low-level radioactive waste activities.
FY 2021
The staff will continue to evaluate potential enhancements within the existing VLLW regulatory framework as part of the current regulatory process.
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Greater than Class-C Waste
Summary Description
In a December 22, 2015 Staff Requirements Memorandum SRM-SECY-15-0094,the Commission directed the staff to develop a regulatory basis for disposal of Greater Than Class-C (GTCC) waste through means other than a deep geologic disposal, including near surface disposal, within six months of the completion of the final rule for 10 CFR Part 61; conduct a public workshop during the regulatory basis development to receive input from the State of Texas and other interested stakeholders; and address the definition of transuranic waste in Part 61.
In this activity, the staff is:
- Analyzing potential hazards and risks associated with near surface disposal of GTCC and transuranic wastes;
- Identifying potential considerations for a risk-informed and performance-based regulatory framework for the disposal of GTCC and transuranic waste; and
- Obtaining peer review and public comments on the safety, security and risk considerations.
Previous Fiscal Years
FY 2016
Staff initiated efforts to develop the regulatory basis for disposal of GTCC consistent with the SRM. Staff received additional direction in SRM-SECY-16-0106, dated September 8, 2017, to develop the draft GTCC regulatory basis six months after the publication of the supplemental proposed rule for the 10 CFR Part 61 rulemaking.
FY 2017
The NRC staff conducted some initial technical analyses to assist its understanding of potential hazards with near surface disposal of GTCC and transuranic wastes. As a result of these efforts, the staff developed the draft "NRC Staff Analyses Identifying Potential Issues Associated with the Disposal of Greater-Than-Class C Low-Level Radioactive Waste."
FY 2018
The staff published a Federal Register notice (83 FR 6475, dated February 14, 2018); as a part of the FRN staff provided for the public the availability of the draft staff technical analysis. In addition the staff held two public meetings (February 22, 2018 and March 23, 2018), and has made presentations on GTCC at various technical and stakeholder symposiums, e.g., Waste Management 2018, the Low Level Waste (LLW) Forum, the 2018 EPRI LLW Meeting, and the 2018 Organization of Agreement States Meeting. Specific details on current rulemaking activities are provided in the NRC's centralized rulemaking tracking and reporting system.
FY 2019
The staff published a Federal Register notice (84 FR 35037, dated July 22, 2019) requesting comments on its draft regulatory basis. The draft regulatory basis evaluates whether certain GTCC waste could be safely disposed in a near-surface disposal facility. In addition, the staff held a public webinar on August 22, 2019 and a public workshop on August 27, 2019. During and as a result of the staff's outreach efforts, the staff extended the comment period for the draft regulatory basis by an additional 60 days to November 19, 2019 (84 FR 48309). Specific details on current rulemaking activities are provided in the NRC's centralized rulemaking tracking and reporting system.
FY 2020
The staff is currently considering options for moving forward with this rulemaking and making its recommendations to the Commission – expected to be submitted in the fall of 2020 timeframe. Specific details on current rulemaking activities are provided in the NRC's centralized rulemaking tracking and reporting system at NRC Rules and Petitions.
FY 2021
On October 21, 2020, in SECY-20-0098 – Path Forward and Recommendations for Certain Low-Level Radioactive Waste Disposal Rulemakings, the staff provided the Commission with options and a recommendation for the path forward on this issue. The staff recommended combining the ongoing Part 61 proposed rulemaking with a proposed rulemaking to promulgate requirements for the near-surface disposal of Greater-Than-Class C (GTCC) waste in one consolidated rulemaking.
For more information see existing public website.
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Low-Level Radioactive Waste Disposal (10 CFR Part 61) Rulemaking
Summary Description
Conduct rulemaking to require site-specific analysis for licensed low-level waste disposal facilities. This rule improves on the risk-informed, performance-based framework already present in Part 61 to ensure that the safety analyses performed by disposal sites accepting large quantities of depleted uranium, other long-lived wastes, and other wastes not fully analyzed during the initial 10 CFR Part 61 rulemaking process evaluate long-term isolation of this material.
This rulemaking uses risk insights of disposal of significant quantities of depleted uranium, other long-lived wastes, and other wastes not fully analyzed during the initial 10 CFR Part 61 rulemaking process.
Previous Fiscal Years
FY 2015
Developed SECY for final rule.
FY 2016
The 10 CFR Part 61 Rule was provided to the Commission for consideration in September 2016.
FY 2017
On September 8, 2017, the staff received direction from the Commission on the path forward in Staff Requirements – SECY-16-0106 – Final Rule: Low-Level Radioactive Waste Disposal (10 CFR PART 61) (RIN 3150-AI92) (SRM-SECY-16-0106). The Commission directed the staff to make substantive revisions to the draft final rule and subsequently republish it as a supplemental proposed rule for a 90-day public comment period. The associated guidance documents must also be revised and be made publicly available, concurrent with the comment period on the supplemental proposed rule.
FY 2018
Staff is currently revising the rule language and developing a corresponding Federal Register Notice based on the direction given to the staff in SRM-SECY-16-0106. Specific details on current rulemaking activities are provided in the NRC's centralized rulemaking tracking and reporting system.
FY 2019
The staff is continuing its efforts to revise the rule language and developing a corresponding Federal Register Notice based on the direction given to the staff in SRM-SECY-16-0106. Specific details on current rulemaking activities are provided in the NRC's centralized rulemaking tracking and reporting system.
FY 2020
The staff is currently considering options for moving forward with this rulemaking and making its recommendations to the Commission – expected to be submitted in the fall of 2020 timeframe. Specific details on current rulemaking activities are provided in the NRC's centralized rulemaking tracking and reporting system at NRC Rules and Petitions.
FY 2021
On October 21, 2020, in SECY-20-0098 – Path Forward and Recommendations for Certain Low-Level Radioactive Waste Disposal Rulemakings, the staff provided the Commission with options and a recommendation for the path forward on this proposed rulemaking. The staff recommended combining this Part 61 proposed rulemaking with a proposed rulemaking to promulgate requirements for the near-surface disposal of greater-than-Class C (GTCC) waste in one consolidated and integrated rulemaking.
For more information see existing public website.
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