[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Notices]
[Pages 48727-48728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22694]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0198]


Revision of the Guidance Document for Alternative Disposal 
Requests

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft guidance; public meeting and request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting 
comment on the draft revision to its guidance document for alternative 
disposal requests entitled, ``Guidance for the Reviews of Proposed 
Disposal Procedures and Transfers of Radioactive Material Under 10 CFR 
20.2002 and 10 CFR 40.13(a).''

DATES: Submit comments by December 18, 2017. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
is able to assure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0198. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: <a href="/cdn-cgi/l/email-protection#a5e6c4d7cac98be2c4c9c9c4c2cdc0d7e5cbd7c68bc2cad3"><span class="__cf_email__" data-cfemail="f8bb998a9794d6bf999494999f909d8ab8968a9bd69f978e">[email protected]</span></a>. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> Mail comments to: May Ma, Office of Administration, Mail 
Stop: OWFN-2-A13, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.
    For additional direction on obtaining and submitting comments, see 
``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Robert Lee Gladney, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-1022; email: 
<a href="/cdn-cgi/l/email-protection#c290ada0a7b0b6ec85aea3a6aca7bb82acb0a1eca5adb4"><span class="__cf_email__" data-cfemail="3a6855585f484e147d565b5e545f437a544859145d554c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0198 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0198.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to <a href="/cdn-cgi/l/email-protection#6b1b0f1945190e18041e19080e2b051908450c041d"><span class="__cf_email__" data-cfemail="651501174b1700160a10170600250b17064b020a13">[email protected]</span></a>. The 
ADAMS Accession Number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2017-0198 in your submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov and enters the comment submissions into ADAMS. The 
NRC does not routinely edit comment submissions to remove identifying 
or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background

    In 2007, following developments in the national program for Low-
Level Radioactive Waste disposal (LLRW), as well as changes in the 
regulatory environment, the NRC conducted a Strategic Assessment of the 
NRC's regulatory program for LLRW. The results of this assessment were 
published in late 2007 in SECY-07-0180, ``Strategic Assessment of Low-
Level Radioactive Waste Regulatory Program'' (ADAMS Accession No. 
ML071350299). The goal of the 2007 assessment was to identify and 
prioritize staff activities that: (1) Ensure safe and secure LLRW 
disposal; (2) improve the effectiveness, efficiency, and adaptability 
of the NRC's LLRW regulatory program; and (3) ensure regulatory 
stability and predictability,

[[Page 48728]]

while allowing flexibility in disposal options.
    One high priority task (Task 2) in the Strategic Assessment was to 
address the challenge of alternative disposal of Very Low-Level Waste 
(VLLW), in accordance with Sec.  20.2002 of title 10 of the Code of 
Federal Regulations (10 CFR), in non-traditional LLRW facilities such 
as Resource Conservation and Recovery Act facilities, as well as the 
regulatory review and approval needed for such disposal. In response to 
stakeholder input regarding the 2007 assessment, the NRC determined 
that the process for authorizing these disposals needed more 
consistency and clarity. The NRC committed to addressing these concerns 
through the development of new regulatory guidance.
    On August 31, 2009, the NRC issued interim staff 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). Prior to its issuance, there had been no 
single procedure covering safety and security reviews, the preparation 
of an environmental assessment, and coordination with internal and 
external stakeholders for alternative disposal requests. Accordingly, 
this document was developed and issued to provide consistency and 
guidance for NRC staff's review of alternative disposal requests 
received from licensees, applicants, and other entities for alternative 
disposal of licensed material. In addition, the NRC determined that 
this guidance would be finalized after it had been implemented and used 
for more alternative disposal requests.
    In order to set the direction for the NRC's LLRW regulatory program 
in the next several years, including the alternative disposal request 
review process, the NRC decided to conduct a new evaluation of the 
NRC's LLRW program (referred to as a Programmatic Assessment). The 
results of this assessment were published in October 2016, in SECY-16-
0118, ``Programmatic Assessment of Low-Level Radioactive Waste 
Regulatory Program'' (ADAMS Accession No. ML15243A192). The objectives 
of the 2016 assessment were similar to the objectives of the 2007 
Strategic Assessment. Both assessments also have considered future 
needs and changes that may occur in the nation's commercial LLRW 
management system. One of the high priority tasks (Task 5) included 
within Enclosure 1 (ADAMS Accession No. ML15243A205) of the 
Programmatic Assessment was to address the challenge of alternative 
disposal of VLLW by finalizing the draft guidance document. Per the 
Programmatic Assessment, this final draft would be published for public 
comment, then issued as a final document.
    Accordingly, the purpose of this draft revision to the guidance is 
to improve the alternative disposal process by providing more clarity, 
consistency, and transparency to the process. In addition, this draft 
revision to the guidance also clarifies the meaning of disposal 
relative to 10 CFR 20.2002 authorizations to include recycling and 
reuse of materials. The draft revision to the guidance is available for 
public comment as ADAMS Accession No. ML16326A063. The NRC is 
interested in receiving comments related to the draft revision to the 
guidance from stakeholders, including professional organizations, 
licensees, Agreement States, and members of the public. Comments will 
be considered to determine if additional changes to the draft revision 
to the guidance and the alternative disposal request process are 
needed.
    During the comment period, the NRC will conduct a public meeting at 
the NRC's Headquarters that will explain the draft revision to the 
guidance and address questions. Information regarding the public 
meeting will be posted on the NRC's public meeting Web site at least 10 
calendar days before the meeting. The NRC's public meeting Web site is 
located at https://www.nrc.gov/public-involve.html.
    The NRC will also post the meeting notice on the Federal rulemaking 
Web site at http://www.regulations.gov under Docket ID NRC-2017-0198. 
The NRC may post additional materials related to this document, 
including public comments, on the Federal rulemaking Web site. The 
Federal rulemaking Web site allows you to receive alerts when changes 
or additions occur in a docket folder. To subscribe: (1) Navigate to 
the docket folder (NRC-2017-0198); (2) click the ``Sign up for Email 
Alerts'' link; and (3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

III. Requested Information and Comments

    The NRC staff will treat all public feedback as public comments on 
the draft revision to the guidance and consider them as it finalizes 
the revision to the guidance.

    Dated at Rockville, Maryland, this 16th day of October 2017.

    For the Nuclear Regulatory Commission.
Andrea Kock,
Deputy Director, Division of Decommissioning, Uranium Recovery, and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-22694 Filed 10-18-17; 8:45 am]
 BILLING CODE 7590-01-P


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