ML16007A488

UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

OFFICE OF NEW REACTORS 

OFFICE OF NUCLEAR REACTOR REGULATION 

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS 

WASHINGTON, DC 20555-0001 

November 13, 2016 

NRC REGULATORY ISSUE SUMMARY 2016-11 

REQUESTS TO DISPOSE OF VERY LOW-LEVEL RADIOACTIVE WASTE 

PURSUANT TO 10 CFR 20.2002 

ADDRESSEES 

All NRC licensees. All Agreement State Radiation Control Program Directors and State Liaison 

Officers. 

INTENT 

The U.S. Nuclear Regulatory Commission (NRC) is issuing this Regulatory Issue Summary 

(RIS) to correct the information provided in Information Notice (IN) 1986-90, “Requests to 

Dispose of Very Low-Level Radioactive Waste Pursuant to 10 CFR 20.302.” This RIS clarifies 

the application process for obtaining approvals to dispose of low-level waste (LLW) in 

accordance with Title 10 of the Code of Federal Regulations (10 CFR) 20.2002 regulations, or 

equivalent Agreement State regulations. 

The NRC expects recipients to review the information for applicability to their facilities and to 

consider actions, as appropriate. However, this RIS requires no specific action or written 

response on the part of an addressee. The NRC is providing this RIS to the Agreement States 

for their information and distribution to their licensees as appropriate. This RIS supersedes 

Information Notice (IN) 1986-90. 

BACKGROUND INFORMATION 

On November 3, 1986, the NRC issued IN 1986-90, “Requests to Dispose of Very Low-Level 

Radioactive Waste Pursuant to 10 CFR 20.302,” to inform nuclear reactor licensees of the 

authority of Agreement States in reviewing and approving requests to dispose of low-level 

radioactive waste pursuant to 10 CFR 20.302 (now 10 CFR 20.20021). IN 1986-90 incorrectly 

stated that in cases where a nuclear reactor facility is located in an Agreement State, the NRC 

does not have the legal basis for performing the reviews and granting approvals. The NRC 

performed a regulatory review of the 10 CFR 20.2002 process and determined that IN 1986-90 

did not provide the correct information regarding regulatory approval to dispose of very low-level 

waste. The NRC issued an official clarification of the process to Agreement State regulators on 

March 13, 2012, entitled, “Clarification of the Authorization for Alternate Disposal of Material 

Issued Under 10 CFR 20.2002 and Exemption Provisions in 10 CFR (FSME-12-025).” This 

letter was issued to clarify the use of 10 CFR 20.2002 and similar Agreement State processes 

 

1 10 CFR 20.2002 replaced 10 CFR 20.302 on May 21, 1991 (56 FR 23403). 
RIS 2016-11 

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for the disposal of radioactive materials in Resource Conservation Recovery Act disposal 

facilities or other unlicensed facilities when the unlicensed facility is located in another State. 

This clarification confirmed that an Agreement State would need to provide an exemption under 

its 10 CFR 20.2002-equivalent State regulations to a licensee seeking to dispose of waste at a 

facility in another State. The Agreement State where the facility is located, or the NRC in the 

case of non-Agreement State facilities, would need to license or exempt the unlicensed facility 

accepting the waste. This “All Agreement States” letter is accessible to the public in NRC’s 

Agencywide Documents Access and Management System (ADAMS) under Accession No. 

ML12065A038. 

SUMMARY OF ISSUE 

NRC regulations in 10 CFR 20.2002 provide that a licensee or applicant for a license may apply 

to the Commission for approval of procedures to dispose of licensed material not otherwise 

authorized in 10 CFR Part 20 for disposal. Licensees have used 10 CFR 20.2002 to dispose of 

very LLW on a site-specific basis. This RIS makes the clarification that any licensee’s request 

for approval to dispose of licensed material under 10 CFR 20.2002, or the equivalent 

Agreement State regulations, must be submitted to the regulatory authority that issued the 

license for use of the radioactive material. For licensees under 10 CFR Part 50, “Domestic 

Licensing of Production and Utilization Facilities,” or Part 52, “Licenses, Certifications, and 

Approvals for Nuclear Power Plants,” this request should be made to the NRC in accordance 

with 10 CFR 50.4, “Written Communications” or 10 CFR 52.3, ”Written Communications.” For 

NRC-issued licenses under 10 CFR Parts 30 (“Rules of General Applicability to Domestic 

Licensing of Byproduct Material”), 40 (“Domestic Licensing of Source Material”), and 70 

(“Domestic Licensing of Special Nuclear Material”), the request should be made in accordance 

with 10 CFR 30.6, 10 CFR 40.5, or 10 CFR 70.5, “Communications.” For Agreement State 

licensees, this request should be made directly to the Agreement State regulatory authority. If 

the Agreement State has not adopted regulations equivalent to 10 CFR 20.2002, then the State 

may accomplish the same regulatory authorization through application of its specific exemption 

authority, which could approve the request to dispose of licensed material using procedures not 

otherwise authorized. Also, radioactive material licensees receiving a 10 CFR 20.2002 approval 

must follow other permitting requirements. 

Details related to exemption request requirements and the involvement of the NRC and 

Agreement States are discussed in FSME-12-025, “Clarification of the Authorization for 

Alternate Disposal of Material Issued under 10 CFR 20.2002 and Exemption Provisions in 

10 CFR.” These details include a discussion of several situations where the NRC and an 

Agreement State or multiple Agreement States would be involved in reviewing requests for and 

authorizing alternate procedures to dispose of licensed material under 10 CFR 20.2002 (or the 

equivalent Agreement States regulations). 

Unlicensed disposal (or other) facilities that intend to take possession of licensed material must 

either obtain a license or an exemption from the requirement to have a license to possess the 

material. In Agreement States, this license or exemption must be obtained from the regulatory 

authority in the Agreement State. In non-Agreement States, the license or exemption must be 

obtained from the NRC. NRC staff practice is to issue an exemption from the requirement for a 

license for possession of the radioactive material to the facility intended to take possession of 

the material in conjunction with issuance of the 10 CFR 20.2002 authorization to the licensee 

disposing of the material.
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In some cases, the involvement of the NRC or Agreement State may not be required because 

the licensed materials may be exempt from NRC or Agreement State licensing requirements. In 

this case, the unlicensed facility does not need a specific exemption or license to dispose of the 

material. For example, items meeting the criteria in 10 CFR 30.15, “Certain items containing 

byproduct material,” would not require a license or an exemption from either the NRC or the 

Agreement State. 

Also, a source material licensee may transfer or dispose of unimportant quantities2 of source 

material under the regulations of 10 CFR 40.51(b)(3) and (4) to persons exempt under 10 CFR 

40.13(a). Licensees are not required to request and receive NRC approval for these 

transfers. However, if requested, NRC staff will, on a case-by-case basis, review and approve 

such transfers. Additional information on NRC staff reviews of requests to transfer material 

under 10 CFR 40.51(b)(3) and (4) to persons exempt under 10 CFR 40.13(a) can be found in an 

Office of Nuclear Material Safety and Safeguards (NMSS) procedure, “Review, Approval, and 

Documentation of Low-Activity Waste Disposals in Accordance with 10 CFR 20.2002 and 

10 CFR 40.13(a)” (ADAMS Accession No. ML092460058). If licensees have questions related 

to the necessity of a 10 CFR 20.2002 exemption with regard to disposing exempt materials, 

they can contact the NRC or Agreement State for clarification. 

BACKFITTING THE ISSUE AND FINALITY DISCUSSION 

This RIS requires no action or written response. Any action that licensees take to implement 

changes or procedures in accordance with the information contained in this RIS ensures 

compliance with current regulations, is strictly voluntary, and, therefore, is not a backfit under 

any of the backfitting provisions contained in 10 CFR 50.109, 70.76, 72.62, 76.76, or the issue 

finality provision of 10 CFR Part 52, “Licenses, Certifications, and Approvals for Nuclear Power 

Plants.” Consequently, the staff did not perform a backfit analysis. 

FEDERAL REGISTER NOTIFICATION 

A notice of opportunity for public comment on this RIS was not published in the Federal Register

because it is informational and pertains to a staff position that does not represent a departure 

from current regulatory requirements and practice. 

CONGRESSIONAL REVIEW ACT 

This RIS is not a rule as defined in the Congressional Review Act (5 U.S.C. §§ 801-808). 

PAPERWORK REDUCTION ACT STATEMENT 

This RIS does not contain new or amended information collection requirements that are subject 

to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were 

approved by the Office of Management and Budget (OMB), approval numbers 3150-0009, 

3150-0011, 3150-0014, 3150-0017, 3150-0020, and 3150-0151. 

 

2 There have been cases where licensees decontaminate material to exempt concentration levels as 

defined in 10 CFR 30.70, “Exempt Concentrations.” 
RIS 2016-11 

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PUBLIC PROTECTION NOTIFICATION 

The NRC may not conduct or sponsor, and a person is not required to respond to, an 

information collection unless the requesting document displays a currently valid OMB control 

number. 

CONTACTS 

This RIS requires no specific action, or written response. If you have any questions about this 

summary, please contact the technical contacts listed below or the appropriate regional office. 

/RA Pamela Henderson for / /RA/

Daniel S. Collins, Director Louise Lund, Director 

Division of Material Safety, State, Tribal, Division of Policy and Rulemaking 

 and Rulemaking Programs Office of Nuclear Reactor Regulation 

Office of Nuclear Material Safety 

 and Safeguards 

 /RA/ 

Michael C. Cheok, Director 

Division of Construction Inspection 

 and Operational Programs 

Office of New Reactors 

Technical Contacts: 

Donald Lowman, NMSS Stephen Poy, NMSS 

(301) 415-5452 (301) 415-7135 

Donald.Lowman@nrc.gov Stephen.Poy@nrc.gov 

Micheal Smith, NRR 

(301) 415-3763 

Micheal.Smith@nrc.gov 

Note: NRC generic communications may be found on the NRC public Web site, 

http://www.nrc.gov, under NRC Library/Document Collections 
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Page 4 of 4 

PUBLIC PROTECTION NOTIFICATION 

The NRC may not conduct or sponsor, and a person is not required to respond to, an 

information collection unless the requesting document displays a currently valid OMB control 

number 

CONTACTS 

The NRC may not conduct or sponsor, and a person is not required to respond to, an information collection unless 

the requesting document displays a currently valid OMB control number.

This RIS requires no specific action, or written response. If you have any questions about this summary, please 

contact the technical contacts listed below or the appropriate regional office. 

/RA Pamela Henderson for / /RA/

Daniel S. Collins, Director Louise Lund, Director 

Division of Material Safety, State, Tribal, Division of Policy and Rulemaking 

 and Rulemaking Programs Office of Nuclear Reactor Regulation 

Office of Nuclear Material Safety 

 and Safeguards 

 /RA/ 

Michael C. Cheok, Director 

Division of Construction Inspection 

 and Operational Programs 

Office of New Reactors 

Technical Contacts: 

Donald Lowman, NMSS Stephen Poy, NMSS 

(301) 415-5452 (301) 415-7135 

Donald.Lowman@nrc.gov Stephen.Poy@nrc.gov 

Micheal Smith, NRR 

(301) 415-3763 

Micheal.Smith@nrc.gov 

Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under NRC 

Library/Document Collections 

ADAMS Accession No. ML16007A488 *via email 

OFC NMSS/MSTR/ASPB NMSS/MSTR/ASPB *NMSS/MSTR/MSEB *NMSS/FCSE *NRR/DRA/ARCB/BC

NAME SPoy PMichalak AMcIntosh KRamsey UShoop 

DATE 1/20/16 1/27/16 9/11/15 1/05/16 3/14/16 

OFC *QTE *OCIO *OGC (NLO) NMSS/DUWP/D *NMSS/DSFM/D

NAME CHsu DCullison OMikula JTappert MLombard 

DATE 1/08/16 4/04/16 10/20/16 5/5/16 9/19/16 

OFC *NRO/DSEA/RPAC/BC *NRO/DCIP/D *NRR/DPR/PGCB/LA *NRR/DPR/PGCB/BC NRR/DPR/D

NAME LBurkhart MCheok ELee (ABaxter for) SStuchell LLund 

DATE 08/02/16 10/06/16 09/27/16 10/06/16 10/21/16 

OFC NMSS/MSTR/D 

NAME PHenderson for 

DCollins 

 

DATE 11/13/16 

OFFICIAL RECORD COPY