UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001 

December 19, 2016 

Dr. Dennis C. Bley, Chairman 

Advisory Committee on Reactor Safeguards 

U.S. Nuclear Regulatory Commission 

Washington, DC 20555-0001 

SUBJECT: RESPONSE TO ADVISORY COMMITTEE ON REACTOR SAFEGUARDS 

REGARDING REVIEW OF SECY-16-0106, PROPOSED FINAL RULE 10 CFR 

PART 61, “LOW-LEVEL RADIOACTIVE WASTE DISPOSAL” 

Dear Dr. Bley: 

I am responding to your letter dated November 14, 2016, that provided three conclusions and 

recommendations of the Advisory Committee on Reactor Safeguards on the U.S. Nuclear 

Regulatory Commission (NRC) staff’s draft final rule that would revise the low-level radioactive 

waste disposal requirements in Title 10 of the Code of Federal Regulations (10 CFR) Part 61. 

The draft rule revisions are currently being reviewed by the Commission. In your letter, you 

identified the following conclusions and recommendations: 

1. The approach in proposed final rule 10 CFR Part 61, “Low-Level Radioactive Waste 

Disposal” can ensure that facilities meet Commission public health and safety objectives. 

2. We remain concerned about the requirement that existing operating disposal facilities 

need to satisfy the new performance objectives even if they do not plan to add 

substantial long-lived waste for disposal, especially for already-buried waste. The final 

rule should retain the provision that allows compliance for existing facilities on a case-bycase basis. 

3. We prefer a regulatory approach consistent with that suggested in our previous reports 

making the site performance assessment with quantitative uncertainty analysis the basis 

for establishing the compliance and performance periods. The performance assessment 

results should inform qualitative requirements for periods exceeding the compliance 

period. 

CONTACT: Gary Comfort, NMSS/MSTR 

 301-415-8106 
D. Bley 2 

Regarding Item 2, we understand that the “case-by-case” provision that you reference is the 

staff’s recommendation to delete the last sentence found in § 61.1(a), which reads: 

Applicability of the requirements in this part to Commission licenses for waste 

disposal facilities in effect on the effective date of this rule will be determined on 

a case-by-case basis and implemented through terms and conditions of the 

license or by orders issued by the Commission. 

This provision was included in the original 10 CFR Part 61 to recognize that disposal facilities 

operating at the time the rule was adopted in 1982 might encounter issues when adopting, 

wholesale, a brand new regulatory scheme. The provision was not intended to absolve 

operating disposal facilities from ultimately coming into compliance with 10 CFR Part 61. 

Because § 61.1(a) was only intended to apply to the original implementation of 10 CFR Part 61 

and not future rule changes (including those in the draft final rule), the staff has recommended 

its removal to eliminate future confusion over the provision’s purpose. All currently operating 

disposal facilities have accepted waste that was not analyzed as a part of the original 

rulemaking for 10 CFR Part 61. Therefore, the staff recommends that these facilities satisfy the 

new performance objectives outlined in the final rule to ensure that licensees make informed 

decisions for continued site management and closure. In the rare situation that a regulator 

determines that there is an inappropriate burden for meeting the performance objectives defined 

in the regulations, a licensee can seek relief from the applicable regulatory authority (e.g., a 

license condition, an exemption under § 61.6, “Exemptions,” or the comparable Agreement 

State equivalent). 

Regarding Item 3, the Committee recommends making the site performance assessment with 

quantitative uncertainty analysis the basis for establishing the compliance and performance 

periods rather than using the pre-determined periods defined in the rule (i.e., a compliance 

period of 1,000 years or 10,000 years depending upon the quantities of long-lived radionuclides 

that are planned to be disposed of at the site). The time periods in the draft final rule were 

determined to be appropriate after numerous interactions with stakeholders and review of 

related domestic and international requirements. The NRC staff concluded that the current 

approach provides a reasonable balance between the limitations of long-term evaluations, 

protection of future generations, and providing information for risk informing disposal of 

radioactive wastes. The Committee’s recommendation for developing site-specific time periods 

could unnecessarily complicate compliance decisions and result in undue burden and regulatory 

uncertainty for the licensee and regulator. In addition, although the NRC staff agrees that the 

evaluation of uncertainty, as previously recommended by the Committee, is an important tool in 

understanding a site performance assessment, the NRC staff considers that uncertainty itself 

should not be the principle determinant of the compliance and performance periods. 
D. Bley 2 

The NRC staff appreciates the Committee’s past and current review of the staff’s rule and 

associated guidance. 

 Sincerely, 

 /RA/ 

 Victor M. McCree 

 Executive Director 

 for Operations 

cc: Chairman Burns 

Commissioner Svinicki 

Commissioner Baran 

SECY 
D. Bley 2 

The NRC staff appreciates the Committee’s past and current review of the staff’s rule and 

associated guidance. 

 Sincerely, 

 /RA/ 

 Victor M. McCree 

 Executive Director 

 for Operations 

cc: Chairman Burns 

Commissioner Svinicki 

Commissioner Baran 

SECY 

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