Audit of NRC’s

Oversight of Low-Level 

Radioactive Waste 

OIG-15-A-20

September 23, 2015

All publicly available OIG reports (including this report) 

are accessible through NRC’s Web site at

http://www.nrc.gov/reading-rm/doc-collections/insp-gen
UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

OFFICE OF THE

INSPECTOR GENERAL

September 23, 2015

MEMORANDUM TO: Mark A. Satorius

Executive Director for Operations

FROM: Stephen D. Dingbaum /RA/

Assistant Inspector General for Audits

SUBJECT: AUDIT OF NRC’S OVERSIGHT OF LOW-LEVEL 

RADIOACTIVE WASTE (OIG-15-A-20)

Attached is the Office of the Inspector General’s (OIG) audit report titled Audit of NRC’s 

Oversight of Low-Level Radioactive Waste.

The report presents the results of the subject audit. Following the September 14, 2015, exit 

conference, agency staff indicated that they had no formal comments for inclusion in this 

report.

Please provide information on actions taken or planned on each of the recommendations 

within 30 days of the date of this memorandum. Actions taken or planned are subject to OIG 

followup as stated in Management Directive 6.1.

We appreciate the cooperation extended to us by members of your staff during the audit. If 

you have any questions or comments about our report, please contact me at (301) 415-5915 

or Sherri Miotla, Team Leader, at (301) 415-5914.

Attachment: As stated
Office of the Inspector General

U.S. Nuclear Regulatory Commission

Defense Nuclear Facilities Safety Board

Results in Brief

Audit of NRC’s Oversight of Low-Level Radioactive 

Waste

What We Found

OIG found that NRC has the requisite processes in place for 

oversight of LLRW at operating nuclear power plants; however, 

opportunities exist for improvement. Regional inspectors play a 

key role in ensuring the safe storage and transportation of 

LLRW at operating power plants and, thus, must have a clear 

understanding of all relevant terms and regulations. Currently, 

they do not as there are varying definitions of the term “longterm storage.”

Additionally, OIG found that as the program office, the Office of 

Nuclear Reactor Regulation’s (NRR) role is to provide program 

direction and guidance, including updates and changes to DOT 

regulations, to regional inspectors who conduct inspections of 

LLRW at operating nuclear power plants. However, the Office 

of Nuclear Material Safety and Safeguards (NMSS) serves as 

NRC’s liaison with DOT and is informed of updates to DOT 

regulations. Due to a lack of communication and coordination 

among NMSS, NRR, and the NRC Regions, regional 

inspectors are not able to rely on NRR and are instead using 

other methods to become aware of updates to transportation 

regulations. 

What We Recommend

This report makes recommendations to increase clarity in NRC 

documents and improve communication and coordination efforts 

within NRC pertaining to updates to transportation regulations. 

Management stated their general agreement with the 

recommendations in this report and did not provide formal 

comments.

Why We Did This Review

The U.S. Nuclear Regulatory 

Commission (NRC) regulates 

the management and storage 

of radioactive waste produced 

as a result of NRC-licensed 

activities. Low-level radioactive 

waste (LLRW) includes items 

that have become 

contaminated with radioactive 

materials or have become 

radioactive through exposure to 

neutron radiation. 

Storage of LLRW requires an 

NRC license. There is no limit 

as to how long a nuclear power 

plant can store LLRW onsite at 

their facility; however, licensees 

must store waste in accordance 

with NRC regulations.

The Department of 

Transportation (DOT) and NRC 

have a Memorandum of 

Understanding that assigns 

NRC the role of assisting DOT 

in inspecting shippers of 

radioactive material, resulting in 

NRC inspectors inspecting 

against both DOT and NRC 

regulations at its licensee sites, 

including operating nuclear 

power plants. 

The audit objective was to 

determine whether NRC has 

the requisite processes in place 

for oversight of LLRW at 

operating nuclear power plants.

OIG-15-A-20

September 23, 2015
Audit of NRC’s Oversight of Low-Level Radioactive Waste

ABBREVIATIONS AND ACRONYMS .......................................................... i

I. BACKGROUND ................................................................................1

II. OBJECTIVE......................................................................................5

III. FINDINGS.........................................................................................5

A. There Are Varying Definitions of Long-Term Storage ...........6

Recommendation........................................................12

B. Established Method of Updating Regional Offices Concerning 

Transportation Regulations is Being Circumvented ............12

Recommendation........................................................19

IV. CONSOLIDATED LIST OF RECOMMENDATIONS.......................20

V. AGENCY COMMENTS...................................................................21

APPENDIX

 OBJECTIVE, SCOPE, AND METHODOLOGY.........................................22

TO REPORT FRAUD, WASTE, OR ABUSE .............................................25

COMMENTS AND SUGGESTIONS..........................................................25

 TABLE OF CONTENTS
Audit of NRC’s Oversight of Low-Level Radioactive Waste

i

DOT U.S. Department of Transportation

LLRW low-level radioactive waste 

NMSS Office of Nuclear Material Safety and Safeguards

NRC U.S. Nuclear Regulatory Commission

NRR Office of Nuclear Reactor Regulation

OIG Office of the Inspector General 

RAMQC Radioactive Materials in Quantities of Concern 

RIS Regulatory Issue Summary 

 ABBREVIATIONS AND ACRONYMS
Audit of NRC’s Oversight of Low-Level Radioactive Waste

1

What is Low-Level Radioactive Waste at Operating Nuclear Power 

Plants?

The U.S. Nuclear Regulatory Commission (NRC) regulates the 

management and storage of radioactive waste produced as a result of 

NRC-licensed activities. Low-level radioactive waste (LLRW) includes 

items, such as protective clothing, tools, filters, rags, and reactor water 

treatment residues, that have become contaminated with radioactive 

materials or have become radioactive through exposure to neutron 

radiation. The radioactivity can range from just above background levels 

found in nature to very high radioactivity in certain cases. The most 

intensely radioactive wastes are typically found in reactor water treatment 

residues and discarded parts from nuclear reactors and small gauges 

containing radioactive material. 

Table 1 gives examples of LLRW generated at operating nuclear power 

plants. 

 I. BACKGROUND
Audit of NRC’s Oversight of Low-Level Radioactive Waste

2

Table 1: LLRW at Operating Nuclear Power Plants

Waste Stream Description

Dry Active Waste Waste that is usually created through cleanup or wearing 

something in a contamination area.

Filters Filters are used to clean the water and air and have to be 

disposed of as LLRW.

Hardware

Hardware can be pipes and/or components that become 

“activated” after exposure to neutron fields or become 

highly contaminated after contact with radioactive water 

during reactor operations.

Resins

Resins are small polymer beads or powders used for liquid 

radioactive waste cleanup, water demineralization, and 

water decontamination. They work by exchanging ions 

with the particles in the water. Once they are “spent,” or 

used, resins must be disposed of as LLRW.

Source: Office of the Inspector General (OIG) Generated

LLRW Storage Onsite

Storage of LLRW requires an NRC license. There is no time limit as to 

how long a nuclear power plant can store LLRW onsite. Storage of LLRW 

varies by each reactor site. However, licensees must store waste in 

accordance with NRC regulations and their Final Safety Analysis Report. 

A Final Safety Analysis Report includes information that describes the 

facility, presents design basis and the limits on its operation, and presents 

a safety analysis of the structures, systems, and components of the facility 

as a whole. LLRW is typically stored onsite by licensees until amounts are 

large enough for shipment to a low-level waste disposal facility.
Audit of NRC’s Oversight of Low-Level Radioactive Waste

3

The Department of Transportation and NRC

Both the U.S. Department of Transportation (DOT) and NRC have a role 

in regulating the transportation of radioactive materials. On July 2, 1979, 

DOT and NRC entered into a Memorandum of Understanding that 

delineates the respective responsibilities of

both agencies for regulating the safe 

transportation of radioactive materials. 

DOT is responsible for regulating safe 

transportation of hazardous materials, 

including radioactive materials.1 DOT’s 

regulations are imposed on shippers and 

carriers of hazardous materials. NRC is 

responsible for regulating the safe receipt, possession, use, and transfer 

of byproduct, source, and special nuclear material. Additionally, within the 

past 2 years, DOT, NRC, and the Department of Homeland Security 

finalized an interagency agreement2to ensure the safe transport of 

radioactive material across the United States. 

DOT and NRC conduct inspections and enforcement activities to assure 

compliance with the regulations. However, the Memorandum of 

Understanding specifies that NRC will assist DOT in inspecting shippers of 

radioactive materials. NRC inspectors inspect against DOT and NRC

regulations at NRC licensees’ sites, including operating nuclear power 

plants. 

 

1 DOT has many classes of hazardous materials, including Class 7, which is radioactive material. 

2 NRC signed the agreement in 2013, DOT in 2014, and the Department of Homeland Security in 2015. 
Audit of NRC’s Oversight of Low-Level Radioactive Waste

4

NRC Offices Involved in Oversight of LLRW

Multiple NRC offices are involved in the oversight of LLRW at operating 

nuclear power plants. 

NRC has four regional offices and each has a role in the oversight of 

LLRW. The regional offices (among other responsibilities) execute 

established NRC policies and programs related to inspection and 

enforcement for reactors. Inspectors in each region conduct inspections 

for the processing, storage, and transportation of LLRW. 

In addition, the Office of Nuclear Reactor Regulation (NRR) supports 

NRC’s mission to protect public health, safety, and the environment by 

developing and implementing rulemaking, licensing, oversight, and 

incident response programs for nuclear reactors. NRR is the program 

office that owns the Reactor Oversight Process (ROP), which includes the 

inspection of radioactive waste storage and transportation at nuclear 

power plants. In this role, NRR provides program direction and guidance 

to the regional offices on the implementation of ROP.

Lastly, the Office of Nuclear Material Safety and Safeguards (NMSS) is 

responsible for regulating activities that provide for the safe and secure 

production of nuclear fuel used in commercial nuclear reactors; the safe 

storage, transportation, and disposal of high-level radioactive waste and 

spent nuclear fuel; and the transportation of all radioactive materials (highlevel and low-level) regulated under the Atomic Energy Act. NMSS staff

serve as NRC’s liaison with DOT and have expertise in transportation of 

radioactive materials. 
Audit of NRC’s Oversight of Low-Level Radioactive Waste

5

 III. FINDINGS

The audit objective was to determine whether NRC has the requisite 

processes in place for oversight of low-level radioactive waste at operating 

nuclear power plants.3 The report appendix describes the audit scope and 

methodology. 

NRC has the requisite processes in place for oversight of LLRW at 

operating nuclear power plants; however, opportunities exist for 

improvement. Regional inspectors play a key role in ensuring the safe 

storage and transportation of LLRW at operating power plants and, thus, 

must have a clear understanding of all relevant terms and regulations. As 

the program office, NRR’s role is to support the regional inspectors in 

fulfilling their responsibilities and, therefore, to appropriately field their 

questions and concerns. The processes NRC has in place for oversight of 

LLRW at operating nuclear power plants would be improved by

 Clearly defining terms used in current and future NRC documents, 

specifically the term “long-term storage,” or eliminating the usage of 

the term. 

 Developing a mechanism to inform the regional offices of updates 

to transportation regulations.

 

3 Originally, the audit objective was to determine if NRC has the requisite processes in place for oversight 

of management, storage, and disposal of low-level waste for NRC licensees. The audit objective was 

revised on April 23, 2015, to determine if NRC has the requisite processes in place for oversight of lowlevel radioactive waste at operating nuclear power plants.

 II. OBJECTIVE
Audit of NRC’s Oversight of Low-Level Radioactive Waste

6

A. There Are Varying Definitions of Long-Term Storage

There are varying definitions among NRC staff and external stakeholders 

regarding the meaning of the term “long-term storage”, relative to LLRW. 

NRC staff and external stakeholders need to have a cohesive 

understanding regarding the meaning of “long-term storage”. However, 

NRC guidance documents lack clarity regarding its meaning. 

Consequently, the agency’s position is not readily understood or easily 

applied. Additionally, NRC staff and external stakeholders are left to 

interpret what “long-term storage” means, which potentially could lead to 

inconsistency in inspections. 

NRC Staff and External Stakeholders Should Have a Cohesive 

Understanding Regarding the Meaning of the Term “Long-Term 

Storage”

NRC’s Principles of Good Regulation state that regulations should be 

coherent, logical, and practical. There should be a clear nexus between 

regulations and agency goals and objectives. In addition, agency 

positions should be readily understood and easily applied. Moreover, 

regulatory actions should always be fully consistent with written 

regulations and should be promptly, fairly, and decisively administered so 

as to lend stability to the nuclear operations and planning processes.

What Is Required
Audit of NRC’s Oversight of Low-Level Radioactive Waste

7

Further, according to NRC’s Strategic Plan, Fiscal Years 2014-2018,4the 

agency should regulate in a manner that clearly communicates 

requirements and ensures that regulations are consistently applied and 

practical. The Strategic Plan also highlights that NRC’s vision is to be a 

transparent and effective nuclear regulator. 

Varying Definitions of the Term “Long-Term” Related to Storage of 

Low-Level Radioactive Waste

Currently, there is no time limit on how long NRC licensees can store 

LLRW onsite at operating nuclear power plants. NRC’s position is that the 

storage of LLRW can be safe as an interim measure, but favors disposal 

rather than storage. Moreover, NRC’s position is that onsite storage is not 

a substitute for disposal. NRC staff have stated, regardless of how long 

waste is stored onsite, it is important to ensure that the waste is stored 

safely. 

NRC previously had a 5-year time limit on how long LLRW could be stored 

onsite before being shipped to a disposal facility. When there was a 5-

year time limit, NRC documents that provided guidance to the nuclear 

industry and NRC staff used terms such as “short-term” and “long-term” 

storage. “Short-term” storage was defined as added capacity that would 

provide extended storage to accommodate 1 to 2 years of accumulated 

LLRW. “Long-term” storage was defined as “life-of-the-plant.” 

 

4 NUREG-1614, Vol. 6, published September 2014.

What We Found
Audit of NRC’s Oversight of Low-Level Radioactive Waste

8

“Long-Term” Is Used in NRC Guidance Documents

In 1994, NRC determined that it could not limit its licensees to storing 

LLRW for 5 years—thus—the time limit was lifted. However, the term 

“long-term storage” continues to be used in NRC guidance documents and 

has implications for NRC staff and licensees. 

One example of where the term “long-term storage” continues to be used 

in NRC guidance documents is in Regulatory Issue Summary5(RIS) 2008-

32. This RIS states, “When evaluating interim long-term on-site LLRW 

storage [emphasis added], Part 506licensees must consider the 

applicability of the general design criteria listed in Appendix A.” Thus, the 

document requires NRC licensees to consider design criteria when 

evaluating long-term storage of LLRW. 

Another example of where the term “long-term storage” continues to be 

used in is in Inspection Procedure 71124.08.

7

 This inspection procedure 

requires NRC inspectors to “verify that the licensee has established a 

process for monitoring the impact of long-term storage [emphasis added] 

sufficient to identify potential unmonitored, unplanned release or 

nonconformance with waste disposal requirements.” NRC inspectors use 

inspection procedure 71124.08 to conduct inspections of LLRW at 

operating nuclear power plants. 

 

5 A RIS is a document used to communicate with the stakeholders on a broad range of matters that do 

not involve a request for action or information.

6 Title 10 Code of Federal Regulations, Part 50, is the regulation for the domestic licensing of production 

and utilization facilities. 

7

 Inspection procedures are statements of requirements and guidance for inspection activities that focus 

on safety issues. Inspection Procedure 71124.08 is titled “Radioactive Solid Waste Processing and 

Radioactive Material Handling, Storage, and Transportation.”
Audit of NRC’s Oversight of Low-Level Radioactive Waste

9

A third example of where the term “long-term storage” continues to be 

used in NRC guidance documents is found on the NRC’s Web Site for 

“Low-Level Radioactive Waste/Disused Sources Toolbox for Materials 

Users.” Within the “Toolbox” are questions such as “I don’t want to mess 

with disposal of LLRW. Can I just keep it in interim or long term storage at 

my licensed facility?” NRC answers this question as follows: 

Sometimes licensees have LLRW or radioactive sources for 

disposal whose physical half-lives8 are too long to allow for decayin-storage. In these cases, rather than dispose of the material at a 

licensed facility, licensees often find it easier to just place the items 

in interim or long term storage [emphasis added] at their facilities. 

In this example, NRC is answering a question for licensees about what 

they can and cannot do with their LLRW. 

NRC staff (including inspectors) and management gave widely varying 

definitions regarding the term “long-term storage.” Additionally, external 

stakeholders were not clear regarding the meaning of “long-term storage.” 

Table 2 shows some of the responses given to the question of what longterm storage is.

 

8 A half-life is the unit of time it takes a radioactive material to lose half of its radioactivity through decay.
Audit of NRC’s Oversight of Low-Level Radioactive Waste

10

 Table 2: Responses Given to “What is Long-Term Storage?”

NRC Documents Lack Clarity Regarding the Meaning of “Long-Term 

Storage” 

NRC documents do not define the term “long-term storage” as it relates to 

LLRW, and therefore lack clarity on its meaning. Important NRC 

documents such as RIS 2008-32, Inspection Procedure 71124.08, and the 

LLRW “Toolbox” use the term “long-term storage.” The agency expects its 

inspectors to inspect against Inspection Procedure 71124.08 and its 

Varying Meaning of the Term “Long-Term Storage”

NRC Staff & Management

 It’s all interim storage

 Several months to years

 More than 2 years

 50-plus years

 Life of the plant

 Waste kept on a more permanent basis

 Long-term storage refers to high-level waste, not LLRW

External Stakeholders

 Don’t know

 5 years

Why This Occurred
Audit of NRC’s Oversight of Low-Level Radioactive Waste

11

licensees to store their waste in accordance with RIS 2008-32 and the 

“Toolbox”; yet, “long-term storage” is not defined.

NRC continues to use the term “long-term” even though there is no 

regulatory limit on how long waste can be stored onsite. Given that there 

is no limit as to how long waste can be stored onsite and that NRC staff 

have said that it is of the utmost important to store the waste safely, 

regardless of the amount of time, it is also possible that this term could be

eliminated from NRC documents. 

Agency’s Position Is Not Readily Understood or Easily Applied

Without a formal definition of the term “long-term storage,” NRC’s position

is not readily understood or easily applied. Therefore, NRC is not 

regulating in a manner that clearly communicates LLRW requirements. 

Moreover, without a formal definition of the term “long-term storage,” NRC 

staff and external stakeholders are left to interpret the meaning of “longterm storage.” This could potentially lead to inconsistencies in the way 

inspections are conducted. For example, when asked how it is verified 

that a licensee has established a process for monitoring the impacts of 

“long-term storage” (per Inspection Procedure 71124.08), an inspector 

replied never having seen a licensee long-term storage facility or really 

looking at long-term storage. OIG believes this inspector still conducted a 

full inspection under Inspection Procedure 71124.08 despite the 

inspector’s uncertainty on the meaning of the term. It is important for 

Why This Is Important
Audit of NRC’s Oversight of Low-Level Radioactive Waste

12

NRC’s inspectors to clearly understand what they are inspecting against; 

otherwise, there is the potential for inconsistent inspections. 

NRC staff and external stakeholders need to have a cohesive 

understanding regarding the meaning of the term “long-term storage.” 

Alternatively, since there is no longer a time limit for LLRW storage onsite, 

the term could be eliminated.

Recommendation

OIG recommends that the Executive Director for Operations

1. Define the term “long-term storage” in all future NRC documents. 

Alternatively, eliminate the term.

B. Established Method of Updating Regional Offices Concerning 

Transportation Regulations Is Being Circumvented

NRC’s established mechanism of the program office (NRR) informing the 

regional offices of updates to transportation regulations is being 

circumvented. Significant changes in the regulatory environment should 

be communicated through established reporting lines to appropriate 

personnel. However, there is a lack of communication among staff from 

NMSS, NRR, and the regional offices pertaining to transportation 

regulations. Without effective communication and coordination among all 

channels, NRC inspectors could be inspecting against outdated 

transportation regulations.
Audit of NRC’s Oversight of Low-Level Radioactive Waste

13

Significant Changes Should Be Communicated Through Established 

Reporting Lines 

According to the Government Accountability Office’s Standards for Internal 

Control in the Federal Government, significant changes should be 

communicated across the entity through established reporting lines to 

appropriate personnel. This can include changes in external conditions, 

such as changes in the regulatory environment. In addition, management 

should internally communicate the necessary quality information to 

achieve the entity’s objective. Quality information is appropriate, current, 

complete, accurate, accessible, and provided on a timely basis. Effective 

information and communication are vital for an entity to achieve its 

objectives.

Management should communicate quality information throughout the 

entity using established reporting lines. Quality information should be 

communicated down, across, up, and around reporting lines to all levels of 

the entity. Management should select appropriate methods to 

communicate internally and consider a variety of factors in selecting an 

appropriate method of communication. One factor that should be 

considered is availability – the information should be readily available to

the audience when it is needed.

What Is Required
Audit of NRC’s Oversight of Low-Level Radioactive Waste

14

Agency’s Established Mechanism for Informing the Regional Offices

Is Being Circumvented

As the program office, NRR’s role is to provide program direction and 

guidance to the regional offices and field their questions. Inspectors in the 

regional offices are not relying on NRR and, thus, they are not following 

the agency’s established mechanism. 

Inspectors use methods other than the established agency processes to 

become aware of updates to transportation regulations or take it upon 

themselves to stay up to date. Some of the regional offices

overwhelmingly rely on people whom regional staff have deemed

“transportation experts” in their branch, rather than NRR, when it comes to 

questions or issues relating to transportation. Similarly, a number of 

inspectors rely on their colleagues to become aware of revisions to 

transportation regulations. Other inspectors feel that there is no formal 

way to become aware of regulatory updates unless they take it upon 

themselves to stay up to date. One way they might do this is by taking the 

NRC “Transportation of Radioactive Materials,” H-308, course every few 

years, although it is required only that they take it once. Some inspectors

also take external training courses or attend conferences to stay up to 

date.

Additionally, inspectors in three of the regional offices are responsible for 

inspecting against eight different inspection procedure attachments at 

each operating nuclear power plant under their region’s jurisdiction. The 

inspection procedure that relates to oversight of radioactive material 

transportation is only one of these attachments and is conducted 

What We Found
Audit of NRC’s Oversight of Low-Level Radioactive Waste

15

biennially. As inspectors are responsible for inspecting against eight 

different inspection procedures at each plant, they do not have the time to 

seek out transportation updates on their own.

Inspectors should be relying on their program office, NRR, to become 

informed of updates to transportation regulations, but they are not. NRR 

is not generally aware of DOT regulation changes and does not currently 

provide this information reliably to the regions. Instead, they are finding 

alternative methods of getting the information and are relying on various 

sources to get this information. 

Lack of Communication Among Staff From NMSS, NRR, and the 

Regional Offices Pertaining to Transportation Regulations

Pertaining to transportation regulations, there is a lack of communication 

between NRR and NMSS and the two offices are not well coordinated. 

Therefore, information is not getting to the regional offices in a consistent 

manner.

NRR provides inspection program direction and guidance to the regional 

offices and NMSS is the office that serves as agency liaison with the DOT 

and is informed of updates of DOT regulations. For NRR to learn of 

updates to transportation regulations so they can then relay that 

information to the regional offices, they need to be in communication with 

NMSS. However, the transportation experts in NMSS have very limited 

interaction with the relevant personnel in NRR.

Why This Occurred
Audit of NRC’s Oversight of Low-Level Radioactive Waste

16

Diagram 1: Relationships Among Involved Offices

NRR coordinates a monthly regional counterpart call where headquarters 

informs the regional office staff of any regulatory changes and the staff 

have an opportunity to voice any issues or concerns. The parties on this 

call are the four regional offices, NRR, and also a representative from the 

Technical Training Center and the Office of New Reactors. This call could 

potentially serve as a mechanism through which the regional offices would 

be informed of updates to transportation regulations; however, the 

transportation experts in NMSS have never participated in this call. This 

provides further evidence that the communication channels among NRR, 

NMSS, and the regional offices are lacking. Additionally, NRC does not 

offer training on transportation regulations other than the initial H-308 

course. NRC requires that its licensees take periodic retraining but does

NRR NSIR

Region I Region II Region III Region IV

DOT

NRC

NMSS
Audit of NRC’s Oversight of Low-Level Radioactive Waste

17

not even offer periodic retraining to its own inspectors.

9 Regulations 

require refresher training every 3 years for hazmat employees, including 

shippers of LLRW, yet NRC does not require, or even offer, refresher 

training for inspectors inspecting against transportation regulations. 

In July 2015, NMSS held a series of three webinars to provide the regional 

offices and other staff with updates on transportation regulations. The 

purpose of the webinar was to provide awareness of the amendments to 

NRC and DOT transportation regulations that were brought about as a 

result of recent changes contained in the International Atomic Energy 

Agency publication, “Regulations for the Safe Transport of Radioactive 

Material, 2009 Edition, IAEA Safety Standards Series No. TS-R-1.” This 

webinar could be a mechanism that NMSS and NRR use to update the 

regional offices with regard to transportation regulations. 

NRC Inspectors Could Be Inspecting Against Outdated 

Transportation Regulations 

Some inspectors take it upon themselves to stay up to date with the 

regulations. If the inspectors are not able to stay up to date due to time or 

resource constraints, the inspectors may not become aware of updates to 

the regulations and inspect against outdated regulations. Because 

inspectors are getting information regarding updates to transportation 

regulations from various sources, the updates can be misinterpreted, not 

 

9 H-401, “Boiling Water Reactor and Pressurized Water Reactor Operational Chemistry for Health Physics 

Inspectors,” is a required refresher course for health physics inspectors that provides an overview of 

boiling water reactor and pressurized water reactor operational chemistry including the principles of 

chemistry controls during operations, startup, and shutdown and the effects on radiation source term and 

occupational exposure. The H-401 course subjects rotate to cover a wide spectrum of relevant health 

physics issues. It was not specifically set up to provide periodic (every 3 years) training on transportation 

regulations. 

Why This Is Important
Audit of NRC’s Oversight of Low-Level Radioactive Waste

18

clearly understood, or the inspector may get the wrong information 

altogether.

There is no established periodicity with which updates are made to 

transportation regulations. Consequently, inspectors cannot know when 

or how often to check for changes in 

the regulations. This makes it all the 

more important for a mechanism to 

exist through which the program office 

can inform the regional offices of 

updates to transportation regulations.

An example of a significant change in 

transportation regulations occurred in 

March 2010 when DOT published its 

final rule that modified security plan 

requirements applicable to the commercial transportation of hazardous 

materials by air, rail, vessel, and highway. One of the classes of 

hazardous material that is subject to the security planning under the final 

rule is Class 7, so the rule is applicable to NRC Radioactive Materials in 

Quantities of Concern (RAMQC). As a result of this regulation change, 

inspectors need to ensure that NRC licensees ship RAMQC in adherence 

to a security plan. In order for NRC to effectively oversee the 

transportation of LLRW, it is imperative for inspectors to be aware of 

updates such as these. 

Additionally, poor communication and coordination among the relevant 

channels results in ineffectiveness throughout the agency. Not only are 

inspectors potentially inspecting against outdated regulations, but the

methods through which they are learning of new regulations or staying up 

to date are not the most efficient way of doing agency business. Certain 
Audit of NRC’s Oversight of Low-Level Radioactive Waste

19

regions rely on staff who colleagues have deemed as internal 

transportation experts and other inspectors might retake training classes 

by their own initiative, but the methods that are being used are not the 

most efficient way to get the updated information to regional staff. A more 

efficient method would be if all inspectors could rely on the already 

established program office to get the most updated information to the 

regions. 

Recommendation

OIG recommends that the Executive Director for Operations

2. Develop a mechanism to inform the regional offices of updates to 

transportation regulations, for example through refresher training, 

monthly calls, or webinars.
Audit of NRC’s Oversight of Low-Level Radioactive Waste

20

 IV. CONSOLIDATED LIST OF RECOMMENDATIONS

OIG recommends that the Executive Director for Operations

1. Define the term “long-term storage” in all future NRC documents. 

Alternatively, eliminate the term.

2. Develop a mechanism to inform the regional offices of updates to 

transportation regulations, for example through refresher training, 

monthly calls, or webinars.
Audit of NRC’s Oversight of Low-Level Radioactive Waste

21

An exit conference was held with the agency on September 14, 2015. Prior to 

the exit conference, after reviewing a discussion draft, agency management 

provided comments that have been incorporated into this report, as appropriate. 

As a result, agency management stated their general agreement with the findings 

and recommendations and opted not to provide formal comments. 

 V. AGENCY COMMENTS
Audit of NRC’s Oversight of Low-Level Radioactive Waste

22

Appendix

Objective

The audit objective was to determine whether NRC has the requisite 

processes in place for oversight of low-level radioactive waste at operating 

nuclear power plants.

Scope

The audit focused on whether NRC has the requisite processes in place to 

assure proper oversight of storage and transportation of LLRW at 

operating nuclear power plants. We conducted this performance audit at 

NRC headquarters (Rockville, MD) from February 2015 to July 2015. 

Internal controls related to the audit objective were reviewed and 

analyzed. Throughout the audit, auditors were aware of the possibility or 

existence of fraud, waste, or abuse in the program.

Methodology

OIG reviewed NRC regulations to identify criteria for this audit, including

the following:

 Low-Level Radioactive Waste Policy Amendment Act of 1985.

 10 Code of Federal Regulations Part 20 – “Standards for Protection 

Against Radiation.”

 OBJECTIVE, SCOPE, AND METHODOLOGY
Audit of NRC’s Oversight of Low-Level Radioactive Waste

23

 10 Code of Federal Regulations Part 50 – “Domestic Licensing of 

Production and Utilization Facilities.”

 10 Code of Federal Regulations Part 61 – “Licensing Requirements 

for Land Disposal of Radioactive Waste.”

 10 Code of Federal Regulations Part 71 – “Packaging and 

Transportation of Radioactive Material.”

OIG identified and reviewed regulatory issue summaries, information 

notices, generic letters, NUREGs, and SECY papers to identify available 

guidance relating to the storage and transportation of LLRW at operating 

nuclear power plants.

In addition, OIG reviewed inspection procedures regarding the inspection 

requirements for NRC’s oversight of storage and transportation of LLRW.

OIG interviewed NRC staff and management to gain an understanding of 

roles and responsibilities as they relate to NRC oversight of management,

storage, and transportation of LLRW. Auditors interviewed staff from 

NMSS, NRR, the Office of the General Counsel, and Regions I, II, III, and 

IV. In addition, OIG interviewed staff from the Nuclear Energy Institute. 

OIG also traveled to Region II in Atlanta, Georgia, and Region III in Lisle, 

Illinois, to conduct interviews with NRC inspectors and management.

Additionally, audit team members traveled to Calvert Cliffs Nuclear Power 

Plant and North Anna Power Station to observe inspections conducted by 

NRC inspectors of storage and transportation of LLRW. 
Audit of NRC’s Oversight of Low-Level Radioactive Waste

24

We conducted this performance audit in accordance with generally 

accepted Government auditing standards. Those standards require that 

we plan and perform the audit to obtain sufficient, appropriate evidence to 

provide a reasonable basis for our findings and conclusions based on our 

audit objectives. We believe that the evidence obtained provides a 

reasonable basis for our findings and conclusions based on our audit 

objectives. 

This audit was conducted by Sherri Miotla, Team Leader; Kristen Lipuma, 

Audit Manager; Kevin Nietmann, Senior Technical Advisor; Avinash 

Jaigobind, Senior Auditor; Regina Revinzon, Auditor; Meredith Johnson, 

Management Analyst; and Connor McCune, Student Intern.
Audit of NRC’s Oversight of Low-Level Radioactive Waste

25

 TO REPORT FRAUD, WASTE, OR ABUSE

 COMMENTS AND SUGGESTIONS

Please Contact:

Email: Online Form

Telephone: 1-800-233-3497

TDD 1-800-270-2787

Address: U.S. Nuclear Regulatory Commission

Office of the Inspector General

Hotline Program

Mail Stop O5-E13

11555 Rockville Pike

Rockville, MD 20852

If you wish to provide comments on this report, please email OIG using this link.

In addition, if you have suggestions for future OIG audits, please provide them using 

this link.