NRC Seeks Public re Draft Regulatory Analysis for Final Part 61 Rule

Specific Cost and Benefit Information Requested

On October 17, 2017, the U.S. Nuclear Regulatory Commission (NRC) published a Federal Register notice requesting comment on the draft regulatory analysis, “Draft Regulatory Analysis for Final Rule: Low-Level Radioactive Waste Disposal,” and seeking specific cost and benefit information to better inform the updated draft regulatory analysis.  (See 82 Federal Register 48,283 dated October 17, 2017.)

The Federal Register notice regarding the draft regulatory analysis for the final Part 61 rule is available at

Discussion  In addition to specified rule language changes, the Commission, in SRM-SECY-16-0106, also directed the NRC staff to “be informed by broader and more fully integrated, but reasonably foreseeable costs and benefits to the U.S. waste disposal system resulting from the proposed rule changes, including pass -through costs to waste generators and processors.”  To support development of the new supplemental proposed rule as directed by the Commission in SRM-SECY-16-0106, the NRC staff is seeking comment on how to improve the approach/methodology and actual cost data currently used in the draft final rule regulatory analysis to provide more accurate cost and benefit data in the final regulatory analysis.  In particular, the NRC is seeking information on any cost changes that should be incorporated into the regulatory analysis in light of the Commission’s changes to the draft final rule.

Requested Information and Comments  NRC is providing the below specific questions associated with the draft regulatory analysis (ADAMS Accession No. ML16189A050).  The questions will also be discussed at the public meeting.  The NRC staff will consider the responses to the questions as it revises the regulatory analysis.

  •   Is the NRC considering appropriate alternatives for the regulatory action described in the draft regulatory analysis?
  •   Are there additional factors that the NRC should consider in the regulatory action?  What are these factors?
  •   Is there additional information concerning regulatory impacts that the NRC should include in its regulatory analysis for this rulemaking?
  •   Are all costs and benefits properly addressed to determine the economic impact of the rulemaking alternatives?  What cost differences would be expected from moving from the discussed 1,000 year and 10,000 year compliance periods to a single 1,000 year compliance period? Are there any unintended consequences of making this revision?
  •   Are there any costs that should be assigned to those sites not planning to accept large quantities of depleted uranium for disposal in the future?
  •   Is NRC’s assumption that only two existing low-level radioactive waste sites (i.e., EnergySolutions’ Clive Utah disposal facility and Waste Control Specialists’ Texas disposal facility) plan to accept large quantities of depleted uranium for disposal in the future reasonable?
  •   What additional costs or cost savings, not already considered in the draft regulatory analysis, will the supplemental proposed rulemaking or alternatives cause to society, industry, and government?  What are the potential transfer (“pass- through”) costs to the waste generators and processors?

Submitting Comments  Comments are due by November 16, 2017.  Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.  Interested stakeholders may submit comments by any of the following methods:

  •   Go to and search for Docket ID NRC-2011-0012.
  •   E-mail comments to If you do not receive an automatic e-mail 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.

Docket ID NRC-2011-0012 should be referenced when submitting comments.

For additional information, please contact Gregory Trussell, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, at (301) 415-6445 or at