DOE OSTI2018
The history surrounding the legislative and regulatory developments regarding Greater-Than-Class C Low Level Radioactive Waste (GTCC LLW) is both interesting and complex. On October 25, 1978, the U.S. Nuclear Regulatory Commission (NRC) published an Advanced Notice of Proposed Rulemaking pertaining to the development of regulations for the land disposal of LLW. This regulation was one of the first undertaken by NRC since its inception pursuant to the Energy Reorganization Act of 1974. Given the problematic challenges that many States were facing with releases of radioactivity from waste disposal facilities at the time, the technical bases supporting this rulemaking were both forward-thinking and comprehensive. The rule included a waste classification system that was tiered in four waste classes: Class A, B, C and GTCC LLW. On December 27, 1982, the NRC finalized the requirements for disposing of these classes of radioactive waste in Title 10 of the Code of Federal Regulations, Part 61 (10 CFR 61). The NRC established the waste classification system to protect both members of the public and individuals that may someday inadvertently intrude in the waste placed in the disposal facility after expiration of the institutional control period. This waste classification was developed to ensure that radiation doses to members of the public and an inadvertent intruder would not exceed 0.25 mSv y{sup -1} (25 mrem y{sup -1}) or 5.0 mSv y{sup -1} (500 mrem y{sup -1}), respectively. At the time the regulation was promulgated, GTCC LLW was considered generally not suitable for near surface disposal. It was recognized that disposal of GTCC LLW would require disposal technologies having greater confinement capacity or protection than 'normal' near-surface disposal. In 1980 Congress enacted the Low-Level Waste Policy Act of 1980, as amended in 1985 (LLWPAA of 1985) that assigned responsibility of disposing of GTCC LLW generated in the commercial sector or owned or generated by the federal government to the U.S. Department of Energy (DOE). At the time States were having difficulties in developing disposal facilities within the time constraints mandated in the LLWPA of 1980. Therefore, Congress believed that if DOE was assigned responsibility of developing disposal facilities for GTCC LLW, then the States would be more likely to develop new LLW disposal facilities. Congress also assigned the NRC with the responsibility to license the disposal of GTCC LLW generated or owned by the federal government or by the commercial sector. Lastly, Congress changed the definition of LLW that had been defined in the LLWPA of 1980 removing the 'transuranic' exclusionary language. Four years later, on May 25, 1989, the NRC promulgated its regulation needed to implement the mandates specified in the LLWPAA of 1985. The NRC revised 10 CFR 61.55 specifying that the NRC was responsible for licensing the disposal of GTCC LLW. However, it inadvertently did not revise the definition of LLW needed to remove the 'transuranic' exclusionary language in this rulemaking consistent with the LLWPAA of 1985. This seemingly inconsequential omission was not discovered until a Petition for Rulemaking was filed in Texas in July 2014. Moreover, this omission has effectively orphaned waste with certain transuranic radionuclides with concentrations exceeding 100 nanocuries per gram (100 nCi/g). In December 2015, the NRC Commissioners directed its staff to move forward with a rulemaking to resolve this issue and to perform a regulatory analysis to determine whether or not an Agreement State can license the disposal of GTCC LLW pursuant to Section 274 of the Atomic Energy Act of 1954. The paper will discuss past and current legislation, rulemaking, and regulatory developments pertaining to resolving the transuranic waste discrepancy and providing a pathway to disposition GTCC LLW. (authors)
12 MANAGEMENT OF RADIOACTIVE AND NON-RADIOACTIVE W↗