Status Update on the 10 CFRStatus Update on the 10 CFR Part 61 Low-Level Radioactive Waste Disposal Rulemaking:

Commission SRMs and Staff’s Activities

Andrew CarreraDivision of Intergovernmental Liaison and RulemakingDivision of Intergovernmental Liaison and Rulemaking

Office of Federal and State Materials and Environmental Management Programs

June 11, 2014Fuel Cycle Information Exchange 2014

Rockville MD

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Rockville, MD

Overview• Refresher on Commission

Directions• SRM-SECY-08-0147 (March 2009)• SRM-SECY-10-0043 (October 2010)• SRM-COMWDM-11-0002-SRM COMWDM 11 0002

COMGEA-11-0002 (January 2012)

SRM SECY 13 0075 (F b• SRM-SECY-13-0075 (February 2014)

• Next Steps for Rulemaking

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Commission Direction• SRM-SECY-08-0147:

– Require site-specific analysis for disposal of large quantitiesfor disposal of large quantities of DU

– Specify the technical requirements required for therequirements required for the site-specific performance assessment

– Develop regulatory guidance to assist licensees and applicants in completing the new requirement

• SRM-SECY-10-0043:– Incorporate blending issue into

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the existing rulemaking for DU

Staff’s Activity• Developed Initial Draft Rulemaking

Package (Fall 2011)• Performance assessment requirement

for the protection of general population (10 CFR 61.41) 20,000-year period of performance

(quantitative)

Post 20,000-year evaluation to peak Post 20,000 year evaluation to peak dose

• Intruder assessment requirement for the protection of inadvertent intruderthe protection of inadvertent intruder (10 CFR 61.42) 500 mrem dose limit to intruder

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Commission Direction• SRM-COMWDM-11-0002/COMGEA-11-0002

– Flexibility to use current International Commission on Radiological Protection (ICRP) doseon Radiological Protection (ICRP) dose methodologies

– Two-tiered period of performance: Tier 1: Compliance period covering reasonably

foreseeable future

Tier 2: Longer period based on site characteristics and peak dose to a designated receptor, that is not a priori

– Flexibility to establish site-specific waste acceptance criteria (WAC) based on the results of the site’s ( )performance assessment and intruder assessment

– Balance Federal-State alignment and flexibility with respect to compatibilityrespect to compatibility

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Staff’s Activity• Revised Draft Proposed Rule Package

(SECY-13-0075)• Draft proposed rule and accompanying guidance• Draft proposed rule and accompanying guidance

document provided to Commission: July 2013

• Performance assessment requirement for the protection of general population (10 CFR 61.41) 10,000-year period of performance (quantitative)

Post 10 000-year evaluation to peak dose Post 10,000 year evaluation to peak dose

• Intruder assessment requirement for the protection of inadvertent intruder (10 CFR 61.42) 500 mrem dose limit to intruder

• Requirement to develop site-specific WAC based on the site-specific analyses or waste p yclassification tables

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SRM-SECY-13-0075• Commission issued SRM-SECY-13-0075 on

February 12, 2014 (ADAMS ML14043A371) that identified 15 items (comments and changes)identified 15 items (comments and changes)

• Comments can be grouped as follows: Period of performance (SRM items 1,4,7,and 8)p ( )

Safety case and defense-in-depth protections (SRM item 9)

Intruder assessment (SRM items 3 and 6) Intruder assessment (SRM items 3 and 6)

Agreement State compatibility (SRM item 2)

Outreach (SRM items 5, 10, 11, and 12)

Other (SRM items 13, 14, and 15)

• Provide revised draft proposed rule by February 20152015.

Requires proposed rule language change from SECY-13-0075

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SRM: Period of PerformanceC i i di t th t ff t i l d th tiCommission directs the staff to include three tiers:

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SRM: Safety Case and Defense-in-depth

• Proposed rule should include discussion of safety case and defense-in-depth (DID)

t tiprotections

• Explain how the combination of DID and performance assessment should be used to support licensing decision, and make confirming changes throughout the rulemaking packagerulemaking package

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SRM: Intruder Assessment

• Require a 10,000 year intruderyear intruder assessment analysis

• Based on intrusion scenarios that are realistic and consistent with expected activities in and around the di l it t thdisposal site at the time of site closure

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SRM: Agreement State Compatibility• Compatibility Category “B” for the most

significant provisions of the revised rule, including:

• Period of compliancep

• Protective assurance period and its analytical threshold

• Waste acceptance criteria• Waste acceptance criteria

• The program elements of these provisions need to be adopted to ensure a consistent regulatory approach across the Nationregulatory approach across the Nation. Inconsistent application of these provisions would have direct and significant transboundary implications.

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SRM: Outreach and Other Activities

• Ensure thorough review of the draft guidance

• Request comments in Federal Register notice: Are the compatibility designations assigned to

the various sections of the proposed rule as p pmodified by this SRM are appropriate?

Is 500 mrem/yr is an appropriate analytical threshold for the protective assurance period?

• ACRS should continue to provide their independent review and recommendations

Th bli t i d h ld b• The public comment period should be extended to 120 days.

• Commission 10 days review

• Editorial changes

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Next Stepsp

M h2015

• Revise draftS

• Meetings and

February2014 March2015

Revise draft proposed rule

• Revise guidance document

SRM-SECY-

13-0075

• Submit to Commission

• Prepare for public comment

Commission

Meetings and comments

• Review guidance with stakeholders

Outreach

February 2015

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