Tag: Transuranic waste

GTCC Draft Regulatory Basis Decoupled from Part 61 Rulemaking

Posted on by MidwestCompact

On October 23, 2018, a Staff Requirements Memorandum (SRM) was issued that directs U.S. Nuclear Regulatory Commission (NRC) staff to “decouple to the extent practicable the issuance of the draft Regulatory Basis directed in SRM-SECY-15-0094, ‘Historical and Current Issues Related to Disposal of Greater-than-Class C Low-Level Radioactive Waste,’ from Commission action on Part 61.”

The SRM states, “This decoupling would allow for earlier public engagement on staff’s analysis of any potential regulatory barriers to the disposal of Greater-than-Class C waste.”  The SRM was issued following a staff briefing for the Commission on topics associated with the decommissioning and low-level radioactive waste, as well as spent fuel storage and transportation business lines.

Overview

In SRM–SECY–15–0094, which was issued on December 22, 2015, the Commission directed the NRC staff to develop a regulatory basis for disposal of Greater-than-Class C (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, “Low-Level Radioactive Waste Disposal.”  (See LLW Notes, January/February 2017, p. 26.)  The Commission also directed the staff to conduct a public workshop during the development of the regulatory basis to receive input from stakeholders.  On September 8, 2017, in SRM–SECY–16–0106, “Final Rule: Low- Level Radioactive Waste Disposal,” the Commission revised its earlier directions regarding the development of the GTCC and transuranic waste regulatory basis.  (See LLW Notes, September/October 2017, pp. 1, 21-23.)  Specifically, 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.  Accordingly, on February 14, 2018, NRC issued a Federal Register notice announcing that the agency 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 GTCC and transuranic radioactive waste through means other than a deep geologic disposal, including near surface disposal.  (See 83 Federal Register 6,475 dated February 14, 2018.)

According to the NRC, “[t]he process of potentially amending the NRC’s regulations is very thoughtful and deliberative because it can have significant impacts on members of the public, [s]tates, 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 held a public meeting with stakeholders on February 22, 2018 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 also requested that stakeholders respond to specific listed questions contained in the Federal Register notice that was issued on February 14, 2018.  Stakeholder comments were accepted through April 16, 2018.  (See LLW Notes, January/February 2018, pp. 29-33.)

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.  Once all of the foregoing is completed, the staff will develop a final regulatory basis.

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 § 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 indicates that, while 10 CFR Part 61 was intended to deal with the disposal of most low-level radioactive waste defined by the Low-Level Radioactive Waste Policy Act, the 10 CFR Part 61 waste classification system identified some low-level radioactive wastes that are not suitable for disposal under its regulatory framework, and alternative methods would have to be used.

In § 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.

Nuclear power reactors, facilities supporting the nuclear fuel cycle and other facilities and licensees outside of the nuclear fuel cycle generate the GTCC waste.  This class of wastes include:

  • plutonium- contaminated nuclear fuel cycle wastes;
  • activated metals;
  • sealed sources; and,
  • 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.”

Transuranic waste is not included in the § 61.2 definition of low-level radioactive waste.  In a 1988 amendment to the Atomic Energy Act of 1954, as amended, a definition for transuranic was added.  Transuranic waste 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.

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 – i.e., isotopes; concentrations and volumes of waste; and, 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.

For additional information, please contact Cardelia Maupin of the NRC’s Office of Nuclear Material Safety and Safeguards (NMSS) at (301) 415–4127 or at Cardelia.Maupin@nrc.gov.

Texas Compact Activity, Disposal Reporting and Pending Legislation

Posted on by MidwestCompact

At the spring 2017 meeting of the Low-Level Radioactive Waste Forum (LLW Forum) in Denver, Colorado on April 24-25, 2017, the Executive Director of the Texas Low-Level Radioactive Waste Disposal Compact Commission (TLLRWDCC or Commission) provided the following information and overview related to Commission activities and operations.

Background

The Texas Low-Level Radioactive Waste Disposal Compact (Texas Compact) includes the State of Vermont and is not an agency of the State of Texas.  The TLLRWDCC is a “legal entity separate and distinct from the party states…”  The Commission must comply with its federal compact law and is charged with protecting the capacity of the compact facility for Texas and Vermont generators.

Limitations to Jurisdiction and Purview

The Texas Compact does not own or operate the compact facility, which is owned by the State of Texas and operated by Waste Control Specialists (WCS).  The Texas Compact does not set surcharges or charge fees of any type, nor does it determine licensing requirements or license the facility.  The Texas Commission on Environmental Quality (TCEQ) licenses the compact facility and approves waste streams.  The following matters are outside of the TLLRWDCC’s purview:  high-level waste, transuranic waste, Greater-than-Class C waste, spent fuel storage, NORM or TENORM, site operations at the compact waste facility (TCEQ), and waste shipments (TCEQ and DSHS).

Imports and Exports

The TLLRWDCC authorizes imports and exports in alignment with Texas policy and law and ensures protection of capacity.  For imports, the Commission has developed an approach based on:  a policy to ensure maximum disposal of allowed curies; the need for flexibility based on the regulatory and industry hurdles generators/brokers encounter; and, a need for a fair and unbiased allocation of curie availability.  The TLLRWDCC supports exports for good cause.  As such, it will be conducting an analysis of exported quantities.

Irradiated Hardware

Given that irradiated hardware can have a significant impact on the amount of curies disposed at the compact facility, the TLLRWDCC will continue to approve import applications as it always has with the exception of irradiated hardware.  Under the Commission’s policies, irradiated hardware must be submitted as a separate import application.  All requests over 15,000 curies, if approved, will be issued conditionally.  Once the generator submits documentation that substantiates volume, curies and shipment date, the Commission will release conditionally authorized curies, if available on a first come, first served basis.  This approach has been adopted as policy that can be found on the Commission’s website.

Forms and Automation

The TLLRWDCC rules require the use of an Import Application Form—a.k.a. “Annex A.”  The form is currently available as a pdf on the Commission’s website.  In addition, the Export Application Form and Generator Authorization Form are also available on the website.  The Commission is beginning work to automate import and export processing.  This will require the import and export forms to be fillable.

Annual Reporting and Disposal Numbers

Annual Reports are available at http://www.tllrwdcc.org/reports-more/.  The 2016 Annual Report is more robust and includes:  listing of import agreements, volume and curies; listing of export agreements; and, fees generated.  Disposal numbers in volume and curies for imported waste and in-compact waste are available at http://www.tllrwdcc.org/reports-more/.

Legislative Activities

Because the Texas Compact receives funding through the State of Texas appropriation process, the status of the Compact as an agency presents confusion.  The Texas Compact is with working with the legislature to provide clarification to State of Texas employees that the Texas Compact is a “legal entity separate and distinct from the party states …”  During the current legislative session, two items—SB 1667 by Senator Seliger and HB 3946 by Representative Landgraf—have been filed as companion bills.  SB 1667 and HB 3946 relate to the nature, funding, and functions of the TLLRWDCC.

Management Rule

TLLRWDCC Commissioner Linda Morris chairs a committee that is charged with drafting rules for management of low-level radioactive waste in the Texas Compact.  These rules will have applicability in Vermont.  The scope of the rule will likely include only reporting requirements.  The rulemaking will include an informal comment period before instituting the formal process.

Workshops

In September 2016, the Texas Compact conducted its first workshop in Burlington, Vermont.  The workshop was geared toward Vermont generators.  The Texas Compact is considering doing a similar workshop for Texas generators, particularly small generators.  The compact will also consider workshops for larger generators, as may be needed.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org. 

Federal and State Officials Attend WIPP Reopening Ceremony

Posted on by MidwestCompact

On January 9, 2017, U.S. Department of Energy (DOE) Secretary Ernest Moniz and DOE Office of Environmental Management (EM) Assistant Secretary Monica Regalbuto joined New Mexico Governor Susana Martinez and others to mark the reopening and resumption of waste operations at the Waste Isolation Pilot Plant (WIPP), which is located approximately 40 miles southeast of Carlsbad, New Mexico.  U.S. Senator Martin Heinrich, U.S. Reps. Steve Pearce and Michelle Lujan Grisham, and Carlsbad Mayor Dale Janway also attended the celebration.

Waste emplacement activities were suspended at WIPP following a waste drum rupture in an underground storage panel and a separate underground fire in early 2014. “The tireless efforts by the workforce, the contractor and federal management and the community to make WIPP a safer place to fulfill its critical mission is a remarkable feat,” said Energy Secretary Moniz.

Overview

On December 23, 2016, DOE and the New Mexico Environment Department (NMED) authorized WIPP to reopen following almost three years of recovery operations due the early 2014 underground fire and subsequent unrelated fire.  Twelve days later, on January 4, 2017, the Nuclear Waste Partnership (NWP) began moving waste underground from the Waste Handling Building.

The Waste Handling Building, which contains approximately 40,000 square meters of storage space, was originally intended to store waste before underground disposal at the WIPP facility.  However, it began being used for indefinite storage following the suspension of disposal operations in early 2014.  NMED, which serves as the WIPP facility’s primary state regulator, has set a deadline to clear out the Waste Handling Building by June 30, 2017—although DOE is considering a more ambitious timeframe according to various news outlets.  Transuranic waste stored at the Waste Handling Building must be disposed below ground before WIPP can resume accepting new shipments of nuclear waste from across the DOE nuclear complex.

According to DOE, the WIPP facility is expected to accept approximately five shipments per week once shipments are resumed to the mine.  Prior to the 2014 accidents, the WIPP facility was accepting more than 15 shipments per week.  According to the Department’s 2016 Annual Transuranic Waste Inventory Report, there was approximately 45,000 cubic meters of contact-handled transuranic waste destined for the WIPP facility across 14 sites in the DOE’s nuclear complex.  In addition, there was approximately 2,500 cubic meters of remote-handled transuranic waste at 11 sites. These figures, according to the report, do not include transuranic waste that DOE expects to generate from ongoing and future Department cleanup operations.

In July 2016, DOE approved strict new waste acceptance criteria for the WIPP facility.  DOE sites will not be able to ship waste to the facility unless it meets the new criteria, which has created some challenges in cases where waste was packaged under the old criteria, but will now need to be certified to meet the new criteria.  DOE has not yet announced which sites will ship waste to WIPP first.

Background

Transuranic waste began accumulating in the 1940s with the beginning of the nation’s nuclear defense program.  As early as the 1950’s, the National Academy of Sciences (NAS) recommended deep disposal of long-lived transuranic radioactive wastes in geologically stable formations, such as deep salt beds.  Sound environmental practices and strict regulations require such wastes to be isolated to protect human health and the environment.

Bedded salt is free of fresh flowing water, easily mined, impermeable and geologically stable—an ideal medium for permanently isolating long-lived radioactive wastes from the environment.  However, its most important quality in this application is the way salt rock seals all fractures and naturally closes all openings.

Throughout the 1960’s, government scientists searched for an appropriate site for radioactive waste disposal, eventually testing a remote desert area of southeastern New Mexico where, 250 million years earlier, evaporation cycles of the ancient Permian Sea had created a 2,000-foot-thick salt bed.

In 1979, Congress authorized the WIPP facility, which was constructed during the 1980’s.  Congress limited WIPP to the disposal of defense-generated transuranic wastes.  In 1998, EPA certified WIPP for safe, long-term disposal of TRU wastes.

In February 2014, DOE suspended operations at WIPP following an accidental radiation release and unrelated underground fire.  DOE spent nearly three years on recovery operations at an estimated cost of approximately $1.5 billion, including NWP’s management and operations contract.  DOE is still working to return the underground ventilation back up to pre-accident levels, which is expected to push the total bill for the recovery closer to $2 billion.

Additional information is available on the U.S. Department of Energy’s website at http://www.wipp.energy.gov/wipprecovery/recovery.html.