POLICY ISSUE 

INFORMATION 

December 28, 2011 SECY-11-0182

FOR: The Commissioners 

FROM: R. W. Borchardt 

 Executive Director for Operations 

SUBJECT: ANNUAL REVIEW OF THE NEED FOR RULEMAKING OR 

REGULATORY GUIDANCE ON EXTENDED1 STORAGE OF 

LOW-LEVEL RADIOACTIVE WASTE 

PURPOSE: 

This paper reaffirms the U.S. Nuclear Regulatory Commission (NRC) staff’s previously stated 

position that rulemaking related to extended low-level radioactive waste (LLRW) storage is 

unnecessary and informs the Commission of the staff’s recent efforts to develop guidance and 

supplemental information associated with LLRW storage. This paper also informs the 

Commission of the staff’s decision to discontinue these annual reports and to stop its work on a 

consolidated LLRW storage NUREG, as discussed in SECY 09-0188. 

SUMMARY: 

Since 2005 the staff has provided an annual report to the Commission on the extended storage 

of LLRW. In SECY-06-0193 (Agencywide Documents Access and Management System 

(ADAMS) Accession No. ML061730187), the staff concluded that the NRC’s current regulatory 

framework provides an adequate basis for storing radioactive material (including radioactive 

waste). Further, the paper concluded that additional rulemaking was unnecessary. Since 2006, 

the staff has directed its efforts on extended LLRW storage toward reviewing and updating 

guidance and other resource material. In 2009, the staff stressed the need to review and 

assess the continued adequacy of guidance on the extended storage of LLRW because many 

licensees continued to lack access to permanent disposal. 

 

CONTACT: James A. Shaffner, FSME/DWMEP 

 (301) 415-5496 

 

1

 Earlier discussions related to this topic used the term “long-term storage.” The staff recently converted to 

use of the term “extended storage.” For the purposes of this paper, the terms are synonymous. 
The Commissioners 2 

In SECY-09-0188, “Annual Review of the Need for Rulemaking and/or Regulatory Guidance on 

Low-Level Radioactive Waste Storage,” dated December 31, 2009 (ADAMS Accession 

No. ML093200008), the staff committed to continue to develop and compile detailed information 

related to LLRW storage for inclusion in a NUREG report that will contain guidance and 

information for all licensees. 

In SECY-10-0164, “Annual Review of the Need for Rulemaking and/or Regulatory Guidance on 

Extended Low-Level Radioactive Waste Storage,” dated December 23, 2010 (ADAMS 

Accession No. ML103090031), with the benefit of input from a topic-specific working group, the 

staff committed to publish an interim Regulatory Issue Summary (RIS) and revised its previous 

commitment to prepare a NUREG report, pending the availability of resources. The RIS was 

considered a near-term communication tool reminding licensees of available LLRW storage 

information. The NUREG was envisioned to be a longer-term, all-inclusive LLRW storage 

guidance document. These commitments were informed by a low-level waste storage working 

group comprised of internal and external stakeholders. 

This paper provides the Commission with a status report of the staff’s efforts and progress in the 

development of guidance and other resource material associated with extended LLRW storage, 

informs the Commission of the staff’s decision to discontinue these annual reports and to stop 

development of the LLRW-consolidated-guidance NUREG. 

BACKGROUND: 

In Staff Requirements Memorandum (SRM) SECY-03-0223, “Rulemaking Plan: Assured 

Isolation Facilities,” dated January 29, 2004 (ADAMS Accession No. ML040290568), the 

Commission directed the staff to provide an annual update on the need for regulations or 

regulatory guidance on extended interim storage of LLRW. Since that time, the staff has 

produced an annual Commission paper reviewing extended storage practices and determining 

the need for additional guidance or rulemaking. 

In SECY-06-0193, “Annual Review of the Need for Rulemaking and/or Regulatory Guidance on 

Low-Level Waste Storage,” dated September 6, 2006 (ADAMS Accession No. ML061730187), 

the staff stated that the NRC’s existing regulatory framework was adequate to accommodate 

extended LLRW storage and that additional rulemaking was therefore unnecessary. 

Staff reports in 2008 and 2009 discussed recent efforts to update extended-storage guidance 

due to the increased use of extended storage because of the closure of the LLRW disposal 

facility near Barnwell, South Carolina to out-of-compact waste. 

In SECY-09-0188, the staff also identified several emerging issues that reinforce the need to 

reevaluate the NRC’s guidance on extended LLRW storage. These issues included, but were 

not limited to, contentions raised by interveners in new reactor licensing proceedings and 

concerns about some material licensees’ continued ability to safely and securely maintain 

unwanted radioactive material. The staff committed to discuss these concerns with 

stakeholders and to continue to develop and compile detailed guidance on LLRW storage for all 

licensees. 
The Commissioners 3 

DISCUSSION: 

In April 2010, the staff formed a LLRW storage working group consisting of internal and external 

subject matter experts. The working group met by telephone on a monthly basis to discuss the 

availability and adequacy of guidance and other information relevant to the extended storage of 

LLRW. Although the working group was able to identify adequate guidance from NRC sources 

and elsewhere to address all licensing circumstances, the guidance was located in various 

sources and was not always readily available. In addition, the utility of the guidance was not 

always apparent. To address these concerns, the working group developed a two-phase 

approach, which the staff discussed in SECY-10-0164. 

To complete the first phase, NRC staff, aided by recommendations of the working group, 

prepared RIS 2011-09, “Available Resources Associated with Extended Storage of Low-Level 

Radioactive Waste,” August 16, 2011 (ADAMS Accession No. ML111520042). The RIS was 

issued to all applicable licensees, Agreement State radiation control program directors, and 

State liaison officers, and reminds these stakeholders of the availability of relevant storage 

guidance that would be applicable to extended storage of LLRW. It also references an 

electronic database on the NRC’s public web site (http://www.nrc.gov/waste/llw-disposal/publicoutreach/llw-extended-storage-information.html) for the continuous compilation of resources that 

might be useful regarding extended storage. After completing the RIS, the staff sent an Office 

of Federal and State Materials and Environmental Management Programs (FSME) letter 

(FSME-11-095, October 20, 2011) to Agreement State radiation control program directors and 

all State liaison officers to remind them of the availability of the RIS and the electronic database. 

The letter also invited suggestions for documents to include in the database. To date, there 

have been no recommendations for inclusion of additional material in the database. 

In the second phase, the working group planned to prepare a NUREG that would have 

consolidated the guidance for extended LLRW storage into one document. However, after 

completing the RIS issued in the first phase, as discussed above, the staff thought that it would 

be prudent to revisit the purpose of and need for the proposed NUREG. The working group met 

on September 20, 2011, to discuss this phase of the project. A summary of the meeting is 

available in ADAMS (Accession No. ML112650075). 

During the September 20, 2011, meeting, members of the working group observed that recent 

circumstances concerning the licensing and imminent operation of the Waste Control 

Specialists, LLC (WCS) LLRW disposal site near Andrews, Texas, could positively impact some 

of the Nation’s waste disposal challenges. The Texas Compact Commission has developed 

rules that, if finalized, would allow for out-of-compact disposal of LLRW, which could provide 

access to a disposal site for generators that have been forced to store Class B and Class C 

LLRW. Out-of-compact access to the WCS site could thus reduce the need for extended 

storage of Class B and C LLRW. 

The working group also concluded that the electronic database mentioned above can 

adequately serve the LLRW storage guidance needs of licensees and other stakeholders in the 

future. As the database evolves, it could serve as a common location for most sources of 

guidance and information related to extended storage of LLRW. Further, the database may be 

updated on a continuous basis as relevant information becomes available. The database is 

available for use by licensees and other stakeholders, and the staff works with these 

stakeholders to ensure that the database is up to date. 
The Commissioners 4 

Further, the staff is not aware of any confusion on the part of stakeholders that would suggest 

that expanded or refined guidance or other information on LLRW storage is necessary. In 

particular, the staff has not found any evidence through inspections or other regulatory 

mechanisms indicating that there is confusion on the part of stakeholders arising from the lack 

of consolidated LLRW storage guidance. 

 

For the foregoing reasons, the staff believes that moving forward with the preparation of a 

NUREG is no longer necessary. The NUREG would have consolidated all existing guidance 

on LLRW storage and addressed any identified gaps in the existing guidance. As noted here 

and in SECY-10-0164, the working group did not identify any gaps in LLRW storage guidance, 

and the staff provided a reminder of available LLRW storage guidance and resources in 

RIS-2011-09. The staff believes that resources would be better spent on other aspects of 

LLRW management, as discussed in the strategic assessment in SECY-07-0180, “Strategic 

Assessment of Low-Level Radioactive Waste Regulatory Program,” dated October 17, 2007 

(ADAMS Accession No. ML071350291). Therefore, the staff has decided to stop work on a 

NUREG containing consolidated LLRW storage guidance. 

With a determination to forego the preparation of this NUREG, periodic meetings of the 

low-level waste storage guidance working group will no longer be necessary. Therefore, the 

staff will eliminate the topic-specific working group of internal and external stakeholders. In 

order to continue a dialogue with stakeholders regarding LLRW storage, the staff will convene 

public meetings, as necessary. 

Finally, the staff believes that annual reporting on the topic of a need for rulemaking or 

regulatory guidance on extended LLRW storage is no longer necessary. In its SRM on 

SECY-03-0223, “Rulemaking Plan: Assured Isolation Facilities,” dated January 29, 2004, the 

Commission directed the staff to conduct an annual review that includes “the potential need for 

rulemaking and/or regulatory guidance for long-term storage of low-level waste in general.” As 

highlighted herein, the staff has since annually reported to the Commission on this topic. 

Because the staff has decided to stop developing a LLRW extended-storage guidance 

document, and given the demonstrated lack of need for a LLRW extended-storage rulemaking 

at this time, the staff is planning to discontinue preparing these annual reports for the 

Commission. 

COMMITMENTS: 

The staff has committed to the following actions in this paper: 

• In accordance with the commitment in SECY-10-0164, the staff will continue to interact with 

stakeholders on any emerging issues that may result from the need for extended interim 

storage of LLRW. The staff will accomplish this task by attending meetings with industry 

groups, the Conference of Radiation Control Program Directors, the Organization of 

Agreement States, and other stakeholders. 
The Commissioners 5 

• The staff will eliminate the formal LLRW storage guidance working group. However, the 

staff plans to convene periodic public meetings on the topic of LLRW storage. The staff will 

invite subject matter experts and other stakeholders who have participated in the working 

group to attend these meetings. 

• The staff will stop work on a NUREG consolidating LLRW storage guidance, which arose 

from SECY-10-0164. 

• The staff will discontinue an annual update on the need for regulations or regulatory 

guidance on extended interim storage of LLRW. 

RESOURCES: 

The staff’s commitment to implement the efforts summarized herein is consistent with the 

strategic assessment of the LLRW regulatory program (SECY-07-0180, “Strategic Assessment 

of Low-Level Radioactive Waste Regulatory Program,” dated October 17, 2007). The 

commitments discussed above can be carried out within the normal LLRW budget for fiscal 

year 2012. 

Termination of commitments to complete a draft and final NUREG (currently tracked by SECY 

and due in December 2012 and December 2013, respectively) would eliminate the need for 

reprogramming of resources. Since there are no currently budgeted resources, affected offices 

would have been required to reprogram resources from other work priorities. According to the 

projections in SECY-10-0164, the activity could have required the expense of at least 2.0 

full-time equivalent staff members spread over a number of program offices and regions over a 

period of at least 18 months. 

COORDINATION: 

The Office of the General Counsel has reviewed this paper and has no legal objection. The 

Office of the Chief Financial Officer has reviewed this paper and determined that there is no 

financial impact. The review process included other NRC program offices for which LLRW 

storage is an important consideration. 

 /RA by Martin J. Virgilio for/ 

R. W. Borchardt 

Executive Director 

 for Operations 
The Commissioners 5 

• The staff will eliminate the formal LLRW storage guidance working group. However, the 

staff plans to convene periodic public meetings on the topic of LLRW storage. The staff will 

invite subject matter experts and other stakeholders who have participated in the working 

group to attend these meetings. 

• The staff will stop work on a NUREG consolidating LLRW storage guidance, which arose 

from SECY-10-0164. 

• The staff will stop sending an annual update on the need for regulations or regulatory 

guidance on extended interim storage of LLRW. 

RESOURCES: 

The staff’s commitment to implement the efforts summarized herein is consistent with the 

strategic assessment of the LLRW regulatory program (SECY-07-0180, “Strategic Assessment 

of Low-Level Radioactive Waste Regulatory Program,” dated October 17, 2007). The 

commitments discussed above can be carried out within the normal LLRW budget for fiscal 

year 2012. 

Termination of commitments to complete a draft and final NUREG (currently tracked by SECY 

and due in December 2012 and December 2013, respectively) would eliminate the need for 

reprogramming of resources. Since there are no currently budgeted resources, affected offices 

would have been required to reprogram resources from other work priorities. According to the 

projections in SECY-10-0164, the activity could have required the expense of at least 2.0 

full-time equivalent staff members spread over a number of program offices and regions over a 

period of at least 18 months. 

COORDINATION: 

The Office of the General Counsel has reviewed this paper and has no legal objection. The 

Office of the Chief Financial Officer has reviewed this paper and determined that there is no 

financial impact. The review process included other NRC program offices for which LLRW 

storage is an important consideration. 

 /RA by Martin J. Virgilio for/ 

 

R. W. Borchardt 

Executive Director 

 for Operations 

 ML113120130 WITS 200200136/EDATS-SECY-2010-0627

OFC

DWMEP OCFO Tech Ed FSME EDO 

NAME LCamper JDyer (MKidwell 

for) 

CPoland CCarpenter for 

MSatorius 

RBorchardt 

(MVirgilio for) 

DATE

12/20/11 12/20/11 12/21/11 12/21/11 12/28/11 

OFFICIAL RECORD COPY 

OFC

DWMEP QTE Resource DWMEP DWMEP OGC DWMEP 

NAME JShaffner (via email) DMiller GSuber TCampbell APersinko 

DATE

11/08/11 11/07/11 11/15/11 11/30/11 12/19/11 12/19/11