[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6619-6621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03083]
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NUCLEAR REGULATORY COMMISSION
[NRC-2018-0026]
Very Low-Level Radioactive Waste Scoping Study
AGENCY: Nuclear Regulatory Commission.
ACTION: Scoping study; public meeting and request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is conducting a
very low-level radioactive waste (VLLW) scoping study to identify
possible options to improve and strengthen the NRC's regulatory
framework for the disposal of the anticipated large volumes of VLLW
associated with the decommissioning of nuclear power plants and
material sites, as well as waste that might be generated by alternative
waste streams that may be created by operating reprocessing facilities
or a radiological event. The NRC is seeking stakeholder input and
perspectives on this action. Respondents are asked to consider specific
questions posed by the NRC staff and other Federal agencies in this
notice when preparing their responses.
DATES: Submit comments by May 15, 2018. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure 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 website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0026. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: May Ma, Office of Administration, Mail
Stop: OWFN-2-A13, 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: Maurice Heath, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-3137; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0026 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0026.
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
ADAMS Accession Number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
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 reference Docket ID NRC-2018-0026 in your comment
submission. If your comment contains proprietary or sensitive
information, please contact the individual listed in the FOR
INFORMATION CONTACT section of this document to determine the most
appropriate method for submitting your comment.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. All comment submissions are posted at http://www.regulations.gov and entered 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, following developments in the national program for Low-
Level Radioactive Waste (LLRW) disposal, as well as changes in the
regulatory environment, the NRC conducted a strategic assessment of its
regulatory program for LLRW. The results of this assessment were
published in late 2007 in SECY-07-0180, ``Strategic Assessment of Low-
Level Radioactive Waste Regulatory Program'' (ADAMS Accession No.
ML071350299). The strategic assessment identified the need to
coordinate with other agencies on consistency in regulating LAW
disposal and to develop guidance that summarizes disposition options
for low-end materials and waste.
In 2016, the NRC staff conducted a programmatic assessment of the
LLRW program to identify and prioritize tasks that the NRC could
undertake to ensure a stable, reliable, and adaptable regulatory
framework for effective LLRW management. The results of this assessment
were published in October 2016, in SECY-16-0118, ``Programmatic
Assessment of Low-Level Radioactive Waste Regulatory Program'' (ADAMS
Accession No. ML15243A192). The programmatic assessment identified the
need to perform a LAW scoping study as a medium priority.
In International Atomic Energy Agency (IAEA) Safety Guide No. GSG-
1, ``Classification of Radioactive Waste'' (http://www-pub.iaea.org/MTCD/publications/PDF/Pub1419_web.pdf), the IAEA defines VLLW as waste
that does not meet the criteria of exempt waste, but does not need a
high level of containment and isolation, and, therefore, is suitable
for disposal in a near surface landfill type facility with limited
regulatory control. The NRC currently does not have a formal regulatory
definition for VLLW, nor has it adopted the IAEA definition. However,
the NRC uses the term VLLW consistent with the international regulatory
structure. In general, the NRC
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considers VLLW as material containing some residual radioactivity,
including naturally occurring radionuclides that may be safely disposed
of in hazardous or municipal solid waste landfills.
The LAW scoping study, later renamed the VLLW Scoping Study, will
combine several tasks initially defined in the 2007 strategic
assessment into one. These tasks include: (1) Coordinating with other
agencies on consistency in regulating LAW; (2) developing guidance that
summarizes disposition options for low-end materials and waste; and (3)
promulgating a rule for disposal of LAW. As part of the scoping study,
the NRC will also evaluate regulatory options that would define the
conditions under which LAW, including mixed waste, could be disposed of
in Resource Conservation and Recovery Act (RCRA) Subtitle C hazardous
waste facilities.
Consistent with SECY-16-0118, the NRC is conducting this VLLW
Scoping Study, which will consider disposal of waste as defined by 10
CFR part 61 as the isolation, by emplacement in a land disposal
facility, of radioactive wastes from the biosphere that is inhabited by
man and that contains his food chains. As such, the scoping study will
not address non-disposal related disposition pathways including
unrestricted release, clearance, reuse, or recycle of materials.
The purpose of the VLLW Scoping Study is to identify possible
options to improve and strengthen the NRC's regulatory framework for
the disposal of the anticipated large volumes of VLLW associated with
the decommissioning of nuclear power plants, and waste that might be
generated by alternative waste streams that may be created by fuel
reprocessing or a radiological event. Additionally, the NRC plans to
evaluate regulatory options that could define the conditions under
which VLLW, including mixed waste, could be disposed of in RCRA
hazardous waste facilities.
III. Specific Request for Comment
The NRC is interested in receiving comments from a broad range of
stakeholders, including professional organizations, licensees,
Agreement States, and members of the public. Likewise, respondents to
this request with insight into relevant international initiatives are
invited to provide their perspectives regarding international best
practices related to VLLW disposal or other experiences that the NRC
staff should consider. All comments will be considered and the results
of the scoping study will be documented in a publicly available report,
which will inform the Commission of the staff's recommendation for
addressing VLLW disposal.
All comments that are to receive consideration in the VLLW Scoping
Study must be submitted electronically or in writing as indicated in
the ADDRESSES Section of this document. Respondents are asked to
consider the background material discussed in Section II above when
preparing their comments. In responding, commenters are encouraged to
provide specific suggestions and the basis for suggestions offered.
Specifically, the NRC staff requests comment on the following
questions:
1. The United States does not have a formal regulatory definition
of VLLW. What should the NRC consider in developing its own regulatory
definition for VLLW? Is there another definition of VLLW that should be
considered? Provide a basis for your response.
2. The existing regulatory framework within 10 CFR 61.55 divides
low-level radioactive waste into four categories: Class A, Class B,
Class C, and Greater Than Class C. Should the NRC revise the waste
classification system to establish a new category for VLLW? What
criteria should NRC consider in establishing the boundary between Class
A and VLLW categories?
3. The NRC's alternative disposal request guidance entitled,
``Review, Approval, and Documentation of Low-Activity Waste Disposals
in Accordance with 10 CFR 20.2002 and 10 CFR 40.13(a),'' which is
undergoing a revision, allows for alternative disposal methods that are
different from those already defined in the regulations and is most
often used for burial of waste in hazardous or solid waste landfills
permitted under the Resource Conservation and Recovery Act (RCRA).
Should the NRC expand the existing guidance to include VLLW disposal or
consider the development of a new guidance for VLLW disposal? Why or
why not?
4. If the NRC were to create a new waste category for VLLW in 10
CFR part 61, what potential compatibility issues related to the
approval of VLLW disposal by NRC Agreement States need to be considered
and addressed? How might defining VLLW affect NRC Agreement State
regulatory programs in terms of additional responsibilities or
resources?
5. Following the Low-Level Radioactive Waste Policy Amendments Act
of 1985, states formed regional compacts for the disposal of low-level
radioactive waste. If the NRC were to create a new waste category for
VLLW, does it fall within regional compact authority to control VLLW
management and disposal? How might defining VLLW affect regional
compacts in terms of additional responsibilities or resources?
6. Environmental Protection Agency-imposed waste analysis
requirements for facilities that generate, treat, store, and dispose of
hazardous wastes are defined in 40 CFR parts 264 through 270. How would
NRC incorporate and apply waste analysis requirements for VLLW at RCRA
Subtitle C and D facilities? Should the NRC impose concentration limits
and/or treatment standards for VLLW disposal?
7. Are there any unintended consequences associated with developing
a VLLW waste category?
8. What analytical methods/tools should be used to assess the risk
of disposing of VLLW at licensed LLW disposal facilities or RCRA
Subtitle C and D facilities? (i.e., generic or site-specific)
9. How should economic factors be considered in the VLLW Scoping
Study?
IV. Public Meeting
To facilitate the understanding of the public and other
stakeholders of the these issues and the submission of comments, the
NRC staff has scheduled a public meeting for February 22, 2018 from
9:00 a.m. to 3:00 p.m. (EST) in the NRC's Two White Flint Auditorium at
11545 Rockville Pike, Rockville, MD. In addition, those wishing to
participate by webinar will be able to view the presentation slides
prepared by the NRC staff and electronically submit comments over the
internet. Participants must register to participate in the webinar.
Registration information may be found in the meeting notice at https://www.nrc.gov/pmns/mtg?do=details&Code=20180033). The meeting notice can
also be accessed through the NRC's public website under the headings
Public Meetings & Involvement > Public Meeting Schedule; see web page
https://meetings.nrc.gov/pmns/mtg.
The NRC staff will also post the meeting notice on the Federal
rulemaking website at http://www.regulations.gov under Docket ID NRC-
2018-0026. The NRC staff may post additional materials related to this
document, including public comments, on the Federal rulemaking website.
The Federal rulemaking website allows you to receive alerts when
changes or additions occur in a docket folder. To subscribe: (1)
Navigate to the docket folder (NRC-2018-0026); (2) click the ``Sign up
for Email Alerts'' link; and (3) enter your email address and select
how
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frequently you would like to receive emails (daily, weekly, or
monthly).
The final agenda for the public meeting will be posted no fewer
than 10 days prior to the meeting date. Those who are unable to
participate in person or via webinar may choose to participate via
teleconference by dialing the bridge number (800) 857-9840 and entering
the pass code 4975456.
Dated at Rockville, Maryland, this 9th day of February, 2018.
For the Nuclear Regulatory Commission.
Gregory F. Suber,
Acting Deputy Director, Division of Decommissioning, Uranium Recovery,
and Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-03083 Filed 2-13-18; 8:45 am]
BILLING CODE 7590-01-P