[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Proposed Rules]
[Pages 35037-35040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15434]


 ========================================================================
 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.
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 140 / Monday, July 22, 2019 / 
Proposed Rules  

[[Page 35037]]



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: Draft regulatory basis; request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting 
comments on a draft regulatory basis to support the development of a 
rulemaking for the disposal of certain types of greater-than-Class-C 
waste in a low-level radioactive waste land disposal facility. Greater-
than-Class-C waste may include transuranic radionuclides (e.g., 
isotopes of plutonium) that contaminate nuclear fuel cycle waste. In 
addition, the NRC plans to hold a public meeting to promote 
understanding of the draft regulatory basis and to facilitate public 
comment.

DATES: Submit comments by September 20, 2019. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
staff is able to ensure consideration only for comments received before 
this date.

ADDRESSES: You may submit comments by any of the following methods:
     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 individuals 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. (Eastern Time) 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 Maupin, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-4127; email: 
[email protected]; or Gary Comfort, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-8106; email: 
[email protected]. Both are staff of the 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-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 ``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 this document.
     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 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 
https://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 into ADAMS.
    Please note that the NRC will not provide formal written responses 
to each of the comments received on the draft regulatory basis. 
However, the NRC will consider all comments received in the development 
of the final regulatory basis.

II. Discussion

    Part 61 of title 10 of the Code of Federal Regulations (10 CFR), 
``Licensing Requirements for Land Disposal of Radioactive Waste'' was 
originally promulgated in 1982. Section 61.2, ``Definitions,'' provides 
that waste as used in 10 CFR 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 states 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 10 CFR 20.1003, 
``Definitions.''
    In 10 CFR 61.55, ``Waste classification,'' the U.S. Nuclear 
Regulatory Commission (NRC)

[[Page 35038]]

developed a classification system for those types of low-level 
radioactive waste that are suitable for near-surface disposal. Under 
the 10 CFR part 61 regulations, near-surface disposal is a subset of 
land disposal that involves disposal in the uppermost portion of the 
earth, approximately 30 meters below the surface. The NRC 
classification system categorizes waste as Class A, Class B, or Class C 
waste. This provision also describes low-level radioactive waste that 
is not generally acceptable for near-surface disposal, namely, waste 
for which form and disposal methods must be different and generally 
more stringent than those specified for Class C waste. This waste is 
referred to as greater-than-Class C (GTCC) waste.
    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., certain wastes occasionally generated as part of the manufacture 
of sealed sources, radiopharmaceutical products, and other materials 
used for industrial, educational, and medical applications).
    GTCC waste may include transuranic waste, which is waste containing 
transuranic radionuclides (e.g., isotopes of plutonium). Transuranic 
waste is a byproduct of nuclear research and power production and is 
primarily produced from spent fuel recycling, or medical isotope 
production. The NRC's current 10 CFR part 61 definition of ``waste'' in 
10 CFR 61.2 excludes transuranic waste; thus, transuranic waste is not 
considered to be a form of low-level radioactive waste. The NRC's 10 
CFR 61.2 definition is based upon a 1980 law, the Low-Level Radioactive 
Waste Policy Act, which excluded transuranic waste from the definition 
of low-level radioactive waste.\1\ The 1980 law, however, was 
superseded by the Low-Level Radioactive Waste Policy Amendments Act of 
1985, which did not exclude transuranic waste from the definition of 
low-level radioactive waste.\2\ Given this statutory change, the NRC 
has a basis to amend its 10 CFR 61.2 definition of waste to include 
transuranic waste.
---------------------------------------------------------------------------

    \1\ Sec. 2(2), Public Law 96-573, 94 Stat. 3347.
    \2\ 42 U.S.C. 2021b et seq.
---------------------------------------------------------------------------

    The identification and evaluation of regulatory concerns associated 
with the land disposal of GTCC 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 regarding the inventory 
and the physical characteristics of a potential site for a land 
disposal facility, such as the site's hydrogeologic and geomorphic 
conditions, could significantly limit disposal options, whereas overly 
optimistic assumptions with respect to site characteristics could lead 
to a disposal facility that may not provide adequate protection of 
public health and safety.
    The draft regulatory basis, ``Regulatory Basis for the Disposal of 
Greater-than-Class C (GTCC) Waste,'' can be obtained at ADAMS Accession 
No. ML19059A403. The draft regulatory basis evaluates which GTCC waste 
streams could be safely disposed in a near-surface disposal facility 
and what type of regulatory changes would need to be considered to 
permit such action. In addition, the draft regulatory basis evaluates 
whether disposal of GTCC waste presents a hazard such that the NRC 
should retain authority over its disposal and not allow any Agreement 
State licensing over such a disposal.\3\
---------------------------------------------------------------------------

    \3\ Section 274b of the AEA (42 U.S.C. 2021) authorizes the 
Commission to enter into an agreement with the Governor of a State 
whereby the Commission relinquishes its regulatory authority, and 
the State assumes that authority, for the regulation of certain 
types of radioactive materials. A State that has entered into such 
an agreement with the NRC is defined as an ``Agreement State.''
---------------------------------------------------------------------------

    In the draft regulatory basis, the NRC staff concluded that most 
GTCC waste streams would be acceptable for near-surface disposal under 
the existing 10 CFR part 61 regulatory framework with the addition of 
new requirements, including requirements to protect an inadvertent 
intruder \4\ by showing that such an individual would not likely exceed 
a radiation dose of 5 mSv/yr (500 mrem/yr) limit. In particular, the 
NRC staff has determined that an applicant for a near-surface disposal 
facility that can accept GTCC waste must: (1) Prepare and submit, as 
part of its application, a site-specific intruder assessment 
demonstrating that the 10 CFR part 61, subpart C performance 
requirements for inadvertent intruder protection will be met; and (2) 
must dispose of GTCC waste at a minimum depth of 5 meters below the 
surface of the earth and install or construct a barrier to inadvertent 
intrusion that is effective for a minimum of 500 years. Other 
regulatory amendments recommended by the NRC staff include: (1) 
Removing language from certain provisions of 10 CFR 61.55 that preclude 
a generic near-surface disposal pathway for GTCC waste; (2) revising 
the definition of ``waste'' in 10 CFR 61.2, to remove the exclusion of 
TRU waste; and (3) amending the labeling requirements at 10 CFR 61.57, 
``Labeling,'' to include a reference to GTCC waste.
---------------------------------------------------------------------------

    \4\ An inadvertent intruder is a person who might occupy the 
disposal site after site closure and engage in normal activities, 
such as agriculture, dwelling construction, drilling for water and 
other reasonably foreseeable pursuits that might unknowingly expose 
the person to radiation from the waste included in or generated from 
a low-level radioactive waste facility.
---------------------------------------------------------------------------

    In the draft regulatory basis, the NRC staff also concluded that 
most GTCC waste could be safely regulated by an Agreement State, 
although certain regulatory changes to the 10 CFR part 150 regulations, 
``Exemptions and Continued Regulatory Authority in Agreement States and 
Offshore Waters under Section 274,'' are recommended if the regulatory 
goal is to accommodate Agreement State regulatory oversight. Section 
150.14, ``Commission regulatory authority for physical protection,'' 
requires that persons in Agreement States who possess, use, or 
transport quantities of special nuclear material above certain mass 
thresholds must comply with the NRC's regulation, 10 CFR 73.67, 
``Licensee fixed site and in-transit requirements for the physical 
protection of special nuclear material of moderate and low strategic 
consequence.'' The NRC promulgated 10 CFR 73.67 as a ``common defense 
and security'' regulation and as such, it can only be enforced by the 
NRC. In order to avoid the necessity of an Agreement State licensee 
having to obtain and comply with an NRC license or be otherwise subject 
to NRC regulatory oversight in addition to complying with the 
applicable Agreement State requirements, a potential rulemaking could 
amend 10 CFR 150.14 to change the requirement to give Agreement State 
near-surface disposal facility licensees the option to comply with the 
applicable Agreement State's compatible regulations for the NRC's 
regulations set forth in 10 CFR part 37, ``Physical Protection of 
Category 1 and Category 2 Quantities of Radioactive Material,'' in lieu 
of complying with 10 CFR 73.67.
    Similarly, the NRC's regulation at 10 CFR 150.15, ``Persons not 
exempt,'' requires that persons in Agreement States engaging in certain 
categories of activities are subject to NRC licensing and regulatory 
requirements. A potential rulemaking could amend 10 CFR 150.15 to 
relieve Agreement State licensees receiving and storing two categories 
of GTCC waste covered by 10

[[Page 35039]]

CFR 150.15 from having to comply with NRC licensing and regulatory 
requirements in addition to those of the applicable Agreement State. 
The two categories are GTCC waste resulting from the separation in a 
production facility of special nuclear material from irradiated nuclear 
reactor fuel (10 CFR 150.15(a)(4)), and reactor-related GTCC waste (10 
CFR 150.15(a)(8)).

III. Specific Request for Comments

    The NRC considers a draft regulatory basis to be a pre-rulemaking 
document. If the NRC decides to pursue rulemaking, the NRC will publish 
a proposed rule that will seek public comment. Presently, the NRC is 
seeking advice and recommendations from the public on the draft 
regulatory basis. We are particularly interested in comments and 
supporting rationale from the public on the following:
    (1) Are there any characteristics of GTCC waste not identified in 
the draft regulatory basis that should be considered when evaluating 
the near surface disposal of GTCC?
    (2) In addition to the potential regulatory changes identified in 
this notice, should the NRC consider other potential changes or 
additions to the existing technical requirements for low-level 
radioactive waste disposal in evaluating GTCC waste disposal?
    (3) Are there any additional issues that should be addressed to 
enhance public or occupational safety regarding the disposal of GTCC 
waste, either by rulemaking or through the development of guidance 
documents, that were not addressed in the draft regulatory basis?
    (4) Are there any issues that should be addressed to establish a 
relatively uniform set of requirements for GTCC waste disposal in 
Agreement States and in non-Agreement States that were not addressed in 
the draft regulatory basis?
    (5) Are there any other changes to the NRC's regulations that are 
not addressed in the draft regulatory basis that should be considered 
to facilitate the disposal of GTCC waste and better align the 
requirements with current health and safety standards?
    (6) Are there other alternatives that are more cost effective, 
while adhering to the requirements of 10 CFR part 61, that the NRC 
should consider for implementing requirements for GTCC waste disposal 
in the near surface that were not addressed in Section 7 of the draft 
regulatory basis?
    (7) Are there any additional advantages or disadvantages or 
applicable cost information that the NRC should have considered as part 
of its evaluation of alternatives in Section 7 of the draft regulatory 
basis that are pertinent to the NRC or any stakeholders including the 
public, industry, Agreement States, Indian Tribes, the U.S. Department 
of Energy, or other government agencies?
    (8) Are there any other issues, not identified in the above 
questions, that the NRC should have considered in the draft regulatory 
basis?

IV. Cumulative Effects of Regulation

    The cumulative effects of regulation (CER) describe the challenges 
that licensees or other impacted entities (such as Agreement State 
regulatory agencies) may face while implementing new regulatory 
positions, programs, and requirements (e.g., rules, generic letters, 
backfits, inspections). The CER is an organizational challenge that 
results from a licensee or impacted entity implementing a number of 
complex positions, programs, or requirements within a limited 
implementation period and with available resources (which may include 
limited available expertise to address a specific issue). The NRC has 
implemented CER enhancements to the rulemaking process to facilitate 
public involvement throughout the rulemaking process. Therefore, the 
NRC is specifically requesting comment on the cumulative effects that 
may result from a proposed rule related to the actions discussed in the 
draft regulatory basis. In developing comments on the draft regulatory 
basis, and assuming the NRC were to pursue rulemaking, consider the 
following questions:
    (1) In light of any current or projected CER challenges, what 
should be a reasonable effective date, compliance date, or submittal 
date(s) from the time the final rule is published to the actual 
implementation of any new proposed requirements, including changes to 
programs, procedures, or the facility?
    (2) If current or projected CER challenges exist, what should be 
done to address this situation (e.g., if more time is required to 
implement the new requirements, what period of time would be 
sufficient, and why such a time frame is necessary)?
    (3) Do other regulatory actions (e.g., orders, generic 
communications, license amendment requests, and inspection findings of 
a generic nature) by the NRC or other agencies influence the 
implementation of the potential proposed requirements?
    (4) Are there unintended consequences? Would a rule based upon the 
recommendations described in the draft regulatory basis create 
conditions that would be contrary to the purpose and objectives of 10 
CFR part 61? If so, what are the consequences and how should they be 
addressed?
    (5) Please consider providing information on the estimates of the 
costs and benefits of the NRC promulgating a rule based upon the 
recommendations described in the draft regulatory basis, which can be 
used to support any additional regulatory analysis by the NRC.

V. Public Meeting

    The NRC plans to conduct a public meeting to describe the draft 
regulatory basis and to give the public an opportunity to ask questions 
about the draft regulatory basis.
    The NRC will publish a notice of the location, time, and agenda for 
the meeting on the NRC's public meeting website at least 10 calendar 
days before the meeting. Stakeholders should monitor the NRC's public 
meeting website for information about the public meeting at: http://www.nrc.gov/public-involve/public-meetings/index.cfm. The meeting 
notice will also be added to the Federal rulemaking website at http://www.regulations.gov under Docket ID NRC-2017-0081. See the 
``Availability of Documents'' section of this document for instructions 
on how to subscribe to receive email notifications when documents are 
added to the docket folder on the Federal rulemaking website.

VI. Availability of Documents

    The documents identified in this Federal Register notice are 
available to interested persons through one or more of the methods 
listed in the ADDRESSES section of this document.
    The NRC may post documents related to this rulemaking activity to 
the Federal rulemaking website at https://www.regulations.gov under 
Docket ID NRC-2017-0081. These documents will inform the public of the 
current status of this activity and/or provide additional material for 
use at future public meetings.
    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-2017-0081); (2) click the ``Sign up 
for Email Alerts'' link; and (3) enter your email address and select 
how frequently you would like to receive emails (daily, weekly, or 
monthly).

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain

[[Page 35040]]

Language in Government Writing,'' published June 10, 1998 (63 FR 
31883). The NRC requests comment on this document with respect to the 
clarity and effectiveness of the language used.

    Dated at Rockville, Maryland, this 16th day of July 2019.

    For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Division of Rulemaking, Office of Nucler Material Safety and 
Safeguards.
[FR Doc. 2019-15434 Filed 7-19-19; 8:45 am]
BILLING CODE 7590-01-P