[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Proposed Rules]
[Pages 6475-6477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03085]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 /
Proposed Rules
[[Page 6475]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 61
[NRC-2017-0081]
RIN 3150-AK00
Greater-Than-Class C and Transuranic Waste
AGENCY: Nuclear Regulatory Commission.
ACTION: Public meeting; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is seeking
stakeholder participation and involvement in identifying the various
technical issues that should be considered in the development of a
regulatory basis for the disposal of Greater-than-Class C (GTCC) and
transuranic radioactive waste through means other than a deep geologic
disposal, including near surface disposal. To assist in this process,
the NRC is holding a public meeting and is requesting that stakeholders
respond to the questions discussed in Section IV, ``Specific Request
for Comments,'' of this document.
DATES: Submit comments by April 16, 2018. Comments received after this
date will be considered if it is practical to do so, but the NRC is
only able to ensure consideration of 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 https://www.regulations.gov and search for Docket ID NRC-2017-0081. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (EST) Federal workdays;
telephone: 301-415-1677.
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: Cardelia H. Maupin, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-4127; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2017-0081 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 https://www.regulations.gov and search for Docket ID NRC-2017-0081.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://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].
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-2017-0081 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket. 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. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS, and 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 into ADAMS.
II. Discussion
On December 22, 2015, the Commission, in Staff Requirements
Memorandum (SRM)-SECY-15-0094, ``Historical and Current Issues Related
to Disposal of GTCC Low Level Radioactive Waste (LLRW)'' (ADAMS
Accession No. ML15356A623), directed the NRC staff to develop a
regulatory basis for disposal of GTCC and transuranic waste through
means other than a deep geologic disposal, including near surface
disposal, within six months of the completion of the final rule for
part 61 of title 10 of the Code of Federal Regulations (10 CFR), ``Low-
Level Radioactive Waste Disposal,'' RIN 3150-AI92; Docket ID NRC-2011-
0012. The Commission also directed the staff to conduct a public
workshop during the development of the regulatory basis to receive
input from stakeholders. On
[[Page 6476]]
September 8, 2017, the Commission, in SRM-SECY-16-0106, ``Final Rule:
Low-Level Radioactive Waste Disposal (10 CFR part 61) (RIN 3150-AI92)''
(ADAMS Accession No. ML17251B147), revised its earlier directions
regarding the development of the GTCC and transuranic waste regulatory
basis. The Commission directed the staff to develop the regulatory
basis six months after the publication of the supplemental proposed
rule for the 10 CFR part 61 rulemaking.
The NRC staff is in the initial phase of implementing the
Commission's directions in SRM-SECY-15-0094 and SRM-SECY-16-0106. The
process of potentially amending the NRC's regulations is very
thoughtful and deliberative because it can have significant impacts on
members of the public, States, licensees, and other stakeholders. The
regulatory basis describes the various scientific, technical, and legal
issues associated with a potential rulemaking. Therefore, as a part of
the initial steps in implementing the Commission's directions, the
staff has planned a public meeting with stakeholders to identify the
various technical issues that should be considered in the development
of a regulatory basis for the disposal of GTCC and transuranic waste.
The staff is also requesting that stakeholders respond to the questions
discussed in Section IV, ``Specific Request for Comments,'' of this
notice. When this initial phase is completed, staff plans to develop a
regulatory basis, which will be provided for public review. Staff plans
to hold public meetings on the draft regulatory basis as well. After
which, the staff will develop a final regulatory basis.
III. Background
The NRC's ``Licensing Requirements for Land Disposal of Radioactive
Waste'' are provided in 10 CFR part 61. Section 10 CFR 61.2,
``Definitions,'' provides that waste as used in part 61 means those
low-level radioactive wastes containing source, special nuclear, or
byproduct material that are acceptable for disposal in a land disposal
facility. The definition also indicates that 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 paragraphs (2), (3), and (4) of the definition of byproduct
material in Sec. 20.1003.
The Statements of Consideration (SOC) for the 10 CFR part 61
proposed rule explained that not all waste may be suitable for disposal
in the near surface. Specifically, Section IV Purpose and Scope of the
SOC (46 FR 38082; July 24, 1981) indicates that, while 10 CFR part 61
was intended to deal with the disposal of most LLRW defined by the Low-
Level Radioactive Waste Policy Act, the 10 CFR part 61`waste
classification system identified some LLRW that are not suitable for
disposal under its regulatory framework, and alternative methods would
have to be used.
In Sec. 61.55, ``Waste classification,'' the NRC developed a
classification system for waste for near surface disposal, which
categorizes waste as Class A, B, or C. This provision also describes
waste that is not generally acceptable for near-surface disposal, whose
disposal methods must be more stringent than those specified for Class
C waste. This waste is referred to as GTCC waste.
The GTCC waste is generated by nuclear power reactors, facilities
supporting the nuclear fuel cycle, and other facilities and licensees
outside of the nuclear fuel cycle. This class of wastes include (1)
plutonium-contaminated nuclear fuel cycle wastes; (2) activated metals;
(3) sealed sources; and (4) radioisotope product manufacturing wastes
(i.e., wastes ``occasionally generated as part of manufacture of sealed
sources, radiopharmaceutical products and other materials used for
industrial, education, and medical applications'').
With regards to transuranic waste, as mentioned earlier,
transuranic waste is not included in the Sec. 61.2 definition of LLRW.
In a 1988 amendment to the Atomic Energy Act of 1954, as amended, a
definition for transuranic was added. Transuranic waste \1\ is defined
as ``material contaminated with elements that have an atomic number
greater than 92, including neptunium, plutonium, americium, and curium,
and that are in concentrations greater than 10 nanocuries per gram
[(nCi/g)], or in such other concentrations as the [U.S.] Nuclear
Regulatory Commission may prescribe to protect the public health and
safety.'' Transuranic waste is a byproduct of nuclear research and
power production and is primarily produced from spent fuel recycling,
medical isotope production, or nuclear weapons fabrication. The waste
may consist of rags, tools, and laboratory equipment contaminated with
organic and inorganic residues.
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\1\ Defense waste containing more than 100 nCi of alpha emitting
transuranic isotopes per gram of waste, with half-lives greater than
20 years can be disposed of at the Waste Isolation Pilot Plant.
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The identification and evaluation of regulatory concerns associated
with land disposal of GTCC and transuranic waste will largely depend on
the characteristics of the wastes (e.g., isotopes, concentrations and
volumes of waste, physical and chemical properties). The variable
characteristics of the waste can influence the decision regarding the
appropriate regulatory approach to use for management and disposal of
these wastes. Overly conservative assumptions for the inventory and
characteristics could significantly limit disposal options, whereas,
overly optimistic assumptions with respect to characteristics could
lead to a disposal facility that may not provide adequate protection of
public health and safety, and security.
IV. Specific Request for Comment
The NRC is seeking stakeholder participation and involvement in
identifying the various technical issues that should be considered in
the development of a draft regulatory basis for the disposal of GTCC
and transuranic radioactive waste through means other than a deep
geologic disposal, including near surface disposal. To assist in this
process, the NRC staff is requesting that stakeholders respond to the
questions below. In addition, the NRC staff has conducted some initial
technical analyses to assist its understanding of potential hazards
with near surface disposal of GTCC and transuranic wastes, which are
contained in draft ``NRC Staff Analyses Identifying Potential Issues
Associated with the Disposal of Greater-Than-Class C Low-Level
Radioactive Waste,'' (ADAMS Accession No. ML17362A012). The draft
analyses should assist in providing responses to the following
questions:
Question 1: What are the important radionuclides that need to be
considered for the disposal of the GTCC and transuranic wastes?
The U.S. Department of Energy has described three broad categories
of GTCC wastes, including a range of transuranic radionuclides, in its
``Final Environmental Impact Statement for the Disposal of Greater-
Than-Class C (GTCC) Low-Level Radioactive Waste and GTCC-Like Waste''
(http://www.gtcceis.anl.gov/documents/index.cfm). The three categories
are entitled activated metals, sealed sources, and other wastes. The
attributes (e.g., radionuclide concentrations, heat generation, and
waste form) vary significantly between the three categories. Certain
waste streams represent a very specific waste form (e.g., stainless
steel for most activated metals; very concentrated amounts in sealed
sources) that may require specific treatment to mitigate potential
safety, security and criticality concerns. Some
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waste streams may contain sufficient quantities of specific
radionuclides that will present a significant thermal output and/or gas
generation through radiolysis. Still other waste streams may contain a
significant quantity of fissile radionuclides (e.g., some isotopes of
uranium and plutonium). The NRC is interested in identifying those
radionuclides that could be important for evaluating the safety and
security of: (1) Storage associated with the operational period at a
disposal facility, and (2) the post-closure period, including
inadvertent intruder protection. Additionally, the NRC is interested in
obtaining available data and information to support the characteristics
of GTCC and transuranic wastes.
Question 2: How might GTCC and transuranic wastes affect the safety
and security of a disposal facility during operations (i.e., pre-
closure period)?
The presence of sufficient quantities of high activity
radionuclides and/or fissile radionuclides in GTCC and transuranic
wastes may impact the design and operational activities associated with
a disposal facility prior to disposal. The NRC is interested in
identifying those design and operational activities at a disposal
facility that may be impacted by GTCC and transuranic wastes. For
example, the requirements in 10 CFR part 73 would require licensees to
develop safeguards systems to protect against acts of radiological
sabotage and to prevent the theft or diversion of Special Nuclear
Material (i.e., transuranic waste such as plutonium, uranium-233, or
uranium enriched in the isotopes uranium-233 or uranium-235) if a
sufficient amount of Special Nuclear Material were present above ground
at the disposal facility.
Question 3: How might GTCC and transuranic wastes affect disposal
facility design for post-closure safety including protection of an
inadvertent intruder?
The NRC is considering disposal units (e.g., a single trench,
borehole, and vault) that would contain a single category of waste
(e.g., sealed sources) as well as disposal units that contain a mixture
of all three waste types. However, the NRC believes the best approach
for understanding the issues would be to assume that waste within a
disposal unit would be separated by the waste category and not be co-
mingled. Such an approach could provide a clear understanding of the
issues associated with how a specific waste category might affect
disposal facility design. Certain waste streams associated with GTCC
and transuranic wastes have larger inventories and concentrations of
radionuclides than was typically considered at LLRW disposal
facilities. For example, certain GTCC and transuranic wastes in
sufficient quantities have the potential for: (1) Significant thermal
output that could affect degradation processes within a disposal unit,
and (2) hydrogen gas generation through radiolysis that could also
affect degradation processes of the waste package and waste form.
Additionally, waste streams associated with GTCC and transuranic wastes
may have fissile materials that require facilities to be designed to
limit the potential for a criticality event or limit the amount of
fissile material that can be disposed. There is a potential balance
between security/safety and economic feasibility of design,
construction, and operation. The NRC would like to hear from the
stakeholders on these aspects as well. The information provided on
economic feasibility would be in concert with the NRC's strategies on
examining the cumulative effects of potential regulatory actions. The
NRC is interested in identifying the various scenarios that should be
considered in evaluating the post-closure safety for the disposal of
GTCC and transuranic wastes especially scenarios associated with
specific issues and concerns that may not have been previously
considered for commercial disposal facilities (e.g., synergistic
effects of the thermal output on geochemical processes affecting
release of radionuclides).
V. Public Meeting
To facilitate the understanding of the public and other
stakeholders of these issues and the submission of comments, the NRC
staff has scheduled a public meeting for February 22, 2018, from 1:00
p.m. to 3:00 p.m. (EST) in the NRC 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 and
electronically submit comments during the meeting. Participants must
register to participate in the Webinar. Registration information may be
found in the meeting notice (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://www.nrc.gov/public-involve/publicmeetings/index.cfm.
Additionally, the final agenda for the public meeting will be
posted no fewer than 10 days prior to the Webinar at this website.
Those who are unable to participate in person or via Webinar may also
participate via teleconference. For details on how to participate via
teleconference, please contact Sarah Achten; telephone: 301-415-6009;
email: [email protected].
Dated at Rockville, Maryland, this day of February 9, 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. 2018-03085 Filed 2-13-18; 8:45 am]
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