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# Low-Level Waste and Decommissioning Sub-Arena

Low-level waste and decommissioning comprise one of three sub-arenas that the staff of the U.S. Nuclear Regulatory Commission (NRC) identified in considering which areas of the waste management arena to target for greater use of risk information. This page summarizes the following aspects of this sub-arena with *expanding menus*:

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**Objective**

**Objective**
Facilitate the application of risk-informed and performance-based approaches in implementing the NRC's rulemaking, licensing, and oversight functions for low-level waste, including waste incidental to reprocessing, and decommissioning on a case-by-case basis.

**Basis**

**Basis**
The NRC staff engages with the agency's licensees and stakeholders (including the public) in making significant decommissioning decisions and implementing significant actions focusing on risk-significance and potential environmental impacts. The NRC's Office of Nuclear Material Safety and Safeguards (NMSS), in coordination with the Office of Nuclear Regulatory Research (RES) and the Center for Nuclear Waste Regulatory Analysis (CNWRA), is continuing development, maintenance, and evaluation of probabilistic environmental models and codes for risk/dose analysis. Use of probabilistic distributions as inputs to uncertain physical and behavior parameters is common in independent staff reviews in determining risk-significance and request for additional information development. The NRC also uses probabilistic tools with uncertainty analysis to review and assess dose impacts to demonstrate compliance with the dose criteria set forth in Subpart E of 10 CFR Part 20.

In review of waste determinations to be made by the U.S. Department of Energy that waste is incidental to reprocessing, the staff utilizes risk-informed performance-based approaches including uncertainty/sensitivity analyses and alternate conceptual models. The risk insights gained during the review are utilized to establish the monitoring areas for a site.

**Goals**

**Goals**
The staff has established the following goals for risk-informed and performance-based activities in this subarena:
              - Continue to evaluate current dose modeling approaches for low-level waste and decommissioning, and provide recommendations for a path-forward to enhance the use of risk-informed and performance-based approaches in licensing reviews and regulatory implementation.
              - Continue making incremental improvement (as practicable) in rulemaking and guidance development, licensing, and oversight, to enhance the use of risk-informed and performance-based approaches.
              - Encourage the industry and NRC licensees to use a risk-informed and performance-based approach in demonstrating compliance with the NRC's risk/dose criteria.

## List of Risk-Informed and Performance-Based Activities

This list shows the ongoing licensing initiatives, projects, and activities that the staff of the U.S. Nuclear Regulatory Commission (NRC) has targeted for greater use of risk information in the Low-Level Waste and Decommissioning Sub-Arena within the Waste Management Arena:
            - Interim Staff Guidance on Subsurface Investigations, DUWP-ISG-02
            - MARSSIM, Rev. 2
            - Very Low-Level Waste Scoping Study
            - Greater than Class-C Waste
            - Low-Level Radioactive Waste Disposal (10 CFR Part 61) Rulemaking
            - Integrated Low-Level Radioactive Waste Disposal

## Interim Staff Guidance on Subsurface Investigations, DUWP-ISG-02

**Summary Description**

**Summary Description**
Draft Interim Staff Guidance, DUWP-ISG-02, "Radiological Survey and Dose Modeling of the Subsurface to Support License Termination," supplements guidance in NUREG-1757, Volume 2, Rev. 2, with respect to surveys of open surfaces in the subsurface (e.g., open excavations, building substructures, and materials planned for reuse). The guidance also addresses assessment of risk from existing groundwater contamination and use of commonly used decommissioning dose modeling codes for deriving clean-up levels for submerged sources, as well as support for risk-significant parameters.

**FY 2023**
The draft ISG was issued for public comment on October 19, 2023, for a 60-day public comment period ending on December 18, 2023. See Federal Register Notice 88 FR 72112 for additional details.

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## MARSSIM, Rev. 2

**Summary Description**

**Summary Description**
The Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM) provides information on planning, conducting, evaluating, and documenting building surface and surface soil final status radiological surveys. MARSSIM is a multi-agency consensus document developed collaboratively by four United States Federal agencies having authority and control over radioactive materials: Department of Defense (DoD), Department of Energy (DOE), Environmental Protection Agency (EPA) and Nuclear Regulatory Commission (NRC). The manual’s objective is to describe a consistent approach for planning, performing, and assessing building surface and surface soil final status surveys to meet established dose- or risk-based release criteria. Revision 2 to the document was developed to address lessons learned based on twenty-five years of implementation of the guidance, provides increased flexibility in radiological survey design and implementation, and reflects updates in scientific methods.

**Previous Fiscal Years**

**Previous Fiscal Years**
**FY 2022**

MARSSIM Rev. 2, draft for public comment, (NUREG-1575, Rev. 2) was initially issued for public comment on June 16, 2021. The public comment period was reopened on December 18, 2021, and extended until February 11, 2022 (see 86 FR 73757). The Environmental Protection Agency’s Science Advisory Board also peer reviewed draft MARSSIM, Rev. 2 and provided comments in a final report issued on March 30, 2022.

**FY 2023**

The MARSSIM working group met regularly to address public and EPA Science Advisory Board comments on the draft document. Comments included the need for additional guidance on (i) site-specific scanning surveys, (ii) measurement quality objectives, including measurement uncertainty, (iii) use of alternative null hypothesis Scenario B (assumes a site is clean until proven dirty), and (iv) modern data logging systems with location or position information.

**FY 2024**
The MARSSIM working group is finalizing Revision 2 and plans to issue the final document in CY2024.

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## Very Low-Level Waste Scoping Study

On June 1, 2021, in SECY-21-0057 – Results of the Very Low-Level Waste (VLLW) Scoping Study, the staff provided the Commission with possible approaches to improve and strengthen the NRC’s VLLW regulatory framework. The purpose of the VLLW Scoping Study was to identify the actions that the NRC should take to strengthen its regulatory framework for VLLW. The regulatory focus is on developing a framework for accommodating the large volumes of VLLW associated with the decommissioning of nuclear power plants, as well as alternative waste streams that may be created by fuel reprocessing and new types of nuclear facilities.

Based on the findings in the study, the staff plans to continue with the current regulatory framework. This approach provides adequate protection of public health and safety while providing licensees with flexibility under a risk-informed, performance-based framework. This approach would not result in diverting NRC or industry resources from higher priority decommissioning and low-level radioactive waste activities. More information can be found on the NRC Very Low Level Waste Web page.

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## Greater than Class-C Waste

In a December 22, 2015 Staff Requirements Memorandum SRM-SECY-15-0094,the Commission directed the staff to develop a regulatory basis for disposal of Greater Than Class-C (GTCC) waste through means other than a deep geologic disposal, including near surface disposal, within six months of the completion of the final rule for 10 CFR Part 61; conduct a public workshop during the regulatory basis development to receive input from the State of Texas and other interested stakeholders; and address the definition of transuranic waste in Part 61.

In this activity, the staff is:
            - Analyzing potential hazards and risks associated with near surface disposal of GTCC and transuranic wastes;
            - Identifying potential considerations for a risk-informed and performance-based regulatory framework for the disposal of GTCC and transuranic waste; and
            - Obtaining peer review and public comments on the safety, security and risk considerations.

In 2016, Staff initiated efforts to develop the regulatory basis for disposal of GTCC consistent with the SRM. Staff received additional direction in SRM-SECY-16-0106, dated September 8, 2017, to develop the draft GTCC regulatory basis six months after the publication of the supplemental proposed rule for the 10 CFR Part 61 rulemaking. In 2017, The NRC staff conducted some initial technical analyses to assist its understanding of potential hazards with near surface disposal of GTCC and transuranic wastes. As a result of these efforts, the staff developed the draft "NRC Staff Analyses Identifying Potential Issues Associated with the Disposal of Greater-Than-Class C Low-Level Radioactive Waste."

The staff published a Federal Register notice (83 FR 6475, dated February 14, 2018); as a part of the FRN staff provided for the public the availability of the draft staff technical analysis. In addition the staff held two public meetings (February 22, 2018 and March 23, 2018), and has made presentations on GTCC at various technical and stakeholder symposiums, e.g., Waste Management 2018, the Low Level Waste (LLW) Forum, the 2018 EPRI LLW Meeting, and the 2018 Organization of Agreement States Meeting. Specific details on current rulemaking activities are provided in the NRC's centralized rulemaking tracking and reporting system.

The staff published a Federal Register notice (84 FR 35037, dated July 22, 2019) requesting comments on its draft regulatory basis. The draft regulatory basis evaluates whether certain GTCC waste could be safely disposed in a near-surface disposal facility. In addition, the staff held a public webinar on August 22, 2019 and a public workshop on August 27, 2019. During and as a result of the staff's outreach efforts, the staff extended the comment period for the draft regulatory basis by an additional 60 days to November 19, 2019 (84 FR 48309). Specific details on current rulemaking activities are provided in the NRC's centralized rulemaking tracking and reporting system.

In April 2022, the GTTC rulemaking was combined with the 10 CFR Part 61 Low-Level Radioactive Waste Disposal Rulemaking.

The NRC’s Rulemaking status website is updated every four weeks.

 

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## Low-Level Radioactive Waste Disposal (10 CFR Part 61) Rulemaking

Conduct rulemaking to require site-specific analysis for licensed low-level waste disposal facilities. This rule improves on the risk-informed, performance-based framework already present in Part 61 to ensure that the safety analyses performed by disposal sites accepting large quantities of depleted uranium, other long-lived wastes, and other wastes not fully analyzed during the initial 10 CFR Part 61 rulemaking process evaluate long-term isolation of this material.

This rulemaking uses risk insights of disposal of significant quantities of depleted uranium, other long-lived wastes, and other wastes not fully analyzed during the initial 10 CFR Part 61 rulemaking process.

The 10 CFR Part 61 Rule was provided to the Commission for consideration in September 2016. On September 8, 2017, the staff received direction from the Commission on the path forward in Staff Requirements – SECY-16-0106 – Final Rule: Low-Level Radioactive Waste Disposal (10 CFR PART 61) (RIN 3150-AI92) (SRM-SECY-16-0106). The Commission directed the staff to make substantive revisions to the draft final rule and subsequently republish it as a supplemental proposed rule for a 90-day public comment period. The associated guidance documents must also be revised and be made publicly available, concurrent with the comment period on the supplemental proposed rule.

On October 21, 2020, in SECY-20-0098, "Path Forward and Recommendations for Certain Low-Level Radioactive Waste Disposal Rulemakings," the staff provided the Commission with options and a recommendation for the path forward on this issue. The staff recommended combining the ongoing Part 61 proposed rulemaking with a proposed rulemaking to promulgate requirements for the near-surface disposal of Greater-Than-Class C (GTCC) waste in one consolidated rulemaking. In SRM-SECY-20-0098 dated April 5, 2022, the Commission directed staff to combine the Part 61 Low-Level Waste Disposal rulemaking with the GTTC rulemaking.

For more information see Planned Rulemaking Activities - Rule website. Specific details on current rulemaking activities are provided in the NRC's centralized rulemaking tracking and reporting system.

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## Integrated Low-Level Radioactive Waste Disposal

The Integrated Low-Level Radioactive Waste Disposal rulemaking would amend the NRC's regulations in 10 CFR Part 61 to revise the licensing requirements for low-level radioactive waste disposal and address Greater-Than-Class-C and transuranic waste disposal requirements. The rule would ensure that the low-level waste streams that are significantly different from those considered during the development of existing regulations, such as depleted uranium, will continue to be disposed of safely and meet the performance objectives for land disposal of low-level radioactive waste. The rule would require certain licensees and applicants to conduct site-specific analyses, such as performance assessment and inadvertent intruder assessment, using a specified compliance period and would make other clarifying changes. The rule would also improve the effectiveness of the low-level waste regulatory framework by clearly defining the requirements for the near surface land disposal of Greater-Than-Class-C and transuranic waste. The rule would also provide for Agreement State licensing of those Greater-Than-Class-C waste streams that meet the regulatory requirements for near-surface disposal and do not present a hazard such that the NRC should retain disposal authority.

For more information see Planned Rulemaking Activities - Rule website, which is updated every four weeks.

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Page Last Reviewed/Updated Wednesday, February 21, 2024

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