80_FR_13500 80 FR 13451 - Low-Level Radioactive Waste Regulatory Program

80 FR 13451 - Low-Level Radioactive Waste Regulatory Program

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 49 (March 13, 2015)

Page Range13451-13456
FR Document2015-05851

The U.S. Nuclear Regulatory Commission (NRC) is requesting comment on a draft list of prioritized low-level radioactive waste (LLW) tasks based upon the assessment updates to the strategic assessment (now called a programmatic assessment) performed in 2007. The objective of this updated assessment remains the same as the 2007 assessment; that is, to identify and prioritize tasks that the NRC staff can undertake to ensure a stable, reliable, and adaptable regulatory framework for effective LLW management, while also considering future needs and changes that may occur in the nation's commercial LLW management system. In 2014, through public meetings, webinars, and Federal Register notices, the NRC staff solicited public comment on what changes, if any, should be made to the current LLW program's regulatory framework, as well as specific actions that the staff might undertake to facilitate such changes. The NRC staff considered the comments received, performed an assessment of the comments, and developed a draft list of prioritized LLW tasks.

Federal Register, Volume 80 Issue 49 (Friday, March 13, 2015)
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13451-13456]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05851]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0080]


Low-Level Radioactive Waste Regulatory Program

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft programmatic assessment results; request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting 
comment on a draft list of prioritized low-level radioactive waste 
(LLW) tasks based upon the assessment updates to the strategic 
assessment (now called a programmatic assessment) performed in 2007. 
The objective of this updated assessment remains the same as the 2007 
assessment; that is, to identify and prioritize tasks that the NRC 
staff can undertake to ensure a stable, reliable, and adaptable 
regulatory framework for effective LLW management, while also 
considering future needs and changes that may occur in the nation's 
commercial LLW management system.
    In 2014, through public meetings, webinars, and Federal Register 
notices, the NRC staff solicited public comment on what changes, if 
any, should be made to the current LLW program's regulatory framework, 
as well as specific actions that the staff might undertake to 
facilitate such changes. The NRC staff considered the comments 
received, performed an assessment of the comments, and developed a 
draft list of prioritized LLW tasks.

DATES: Submit comments by April 13, 2015. 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):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0080. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Stephen Dembek, telephone: 301-415-
2342, email: Stephen.Dembek@nrc.gov; or Melanie C. Wong, telephone: 
301-415-2432, email: Melanie.Wong@nrc.gov, both are staff of the Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2014-0080 when contacting the NRC 
about the availability of information regarding this document. You may 
obtain publicly-available information related to this document by any 
of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0080.
     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 pdr.resource@nrc.gov. The 
``Strategic Assessment of Low-Level Radioactive Waste Regulatory 
Program'' and ``Transcript of Public Workshop on Low-Level Radioactive 
Waste Disposal Rulemaking and Strategic Assessment of Low-Level 
Radioactive Waste'' are available in ADAMS under Accession Nos. 
ML071350291 and ML14086A540.
     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-2014-0080 in the subject line of your 
comment 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 will post all comment submissions at http://www.regulations.gov as well as enter 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, due to developments in the national program for LLW 
disposal, as well as changes in the regulatory environment, the NRC's 
LLW program faced new challenges and issues. New technical issues 
related to protection of public health and the environment and security 
emerged. These challenges and issues included (1) the need for greater 
flexibility and reliability in LLW disposal options; (2) increased 
storage of Class B and Class C LLW because of the potential closing of 
the Barnwell, South Carolina disposal facility to out-of-compact waste 
generators; (3) the potential need to dispose of large quantities of 
power plant decommissioning waste, as well as depleted uranium (DU) 
from enrichment facilities; (4) increased safety concerns; (5) the need 
for greater LLW program resources than were available; (6) increased 
security concerns related to storing LLW in general and sealed 
radioactive sources in particular; and (7) the potential for generation 
of new waste streams (for example, by the next generation of nuclear 
reactors and the potential reemergence of nuclear fuel reprocessing in 
the United States).
    Based on these challenges and issues, the NRC staff conducted a 
Strategic Assessment of the NRC's LLW regulatory program. Based on 
extensive stakeholder input during public meetings, the NRC staff 
received a variety of tasks to be included in the

[[Page 13452]]

Strategic Assessment and evaluated them based on the overall strategic 
objectives for ensuring safety, and security, and other factors. From 
these solicited tasks, the NRC developed a list of 20 tasks responsive 
to identified programmatic needs. These tasks were assigned priorities 
of high, medium, or low, and ranged from narrowly focused tasks such as 
updating LLW storage guidance to broader tasks such as suggesting 
legislative changes to Congress to improve the national LLW program.
    The NRC staff issued the strategic assessment in late 2007 in SECY-
07-0180, ``Strategic Assessment of Low-Level Radioactive Waste 
Regulatory Program'' (ADAMS Accession No. ML071350291). The strategic 
assessment identified and prioritized the NRC staff's tasks to ensure 
that the LLW program continued to: (1) Ensure safe and secure LLW 
disposal; (2) improve the effectiveness, efficiency, and adaptability 
of the NRC's LLW regulatory program; and (3) ensure regulatory 
stability, and predictability, while allowing flexibility in disposal 
options.
    Since 2007, the NRC has completed several high priority tasks 
identified in the 2007 Strategic Assessment, including updating 
guidance for LLW storage and evaluating the disposal of DU and the 
measures needed to ensure its safe disposal. In addition, the NRC 
continues to work on the revisions to part 61 of Title 10 of the Code 
of Federal Regulations (CFR) and implementation of the update to the 
Concentration Averaging and Encapsulation Branch Technical Position. In 
addition, the national LLW program continues to evolve.
    To set the direction for the NRC's LLW regulatory program in the 
next several years, the NRC began developing a new strategic assessment 
of its LLW program (now called a programmatic assessment). The 
objective of this updated programmatic assessment remains the same as 
the 2007 strategic assessment; i.e., to identify and prioritize tasks 
that the NRC can undertake to ensure a stable, reliable and adaptable 
regulatory framework for effective LLW management, while also 
considering future needs and changes that may occur in the nation's 
commercial LLW management system.
    The NRC solicited public comment on what changes, if any, should be 
made to the current LLW program's regulatory framework, as well as 
specific actions that the NRC might undertake to facilitate such 
changes. Specifically, the NRC requested comments at a public workshop 
in Phoenix, Arizona on March 7, 2014. Additionally, the NRC requested 
comments by issuing a Federal Register notice on May 15, 2014 (79 FR 
27772), with a 60-day public comment period. The NRC also held webinars 
on June 17, 2014, and July 8, 2014, requesting comments on the proposed 
update to the assessment. The initial comment period was scheduled to 
close on July 14, 2014. However, on July 9, 2014 (79 FR 38796), the NRC 
extended the comment period to September 15, 2014. The NRC sought 
comments on developments that would affect the LLW regulatory program 
over the next several years and that would affect licensees and sited 
States and actions that the NRC could take to ensure safety, security, 
and the protection of the environment.
    The NRC received twelve comment submissions to the Federal Register 
notices and also received numerous comments as the result of the public 
meeting and webinars. The comment submissions are available on the 
federal rulemaking Web site at http://www.regulations.gov under Docket 
ID NRC-2014-0080.

III. Updated Prioritized List of LLW Tasks

    The NRC received numerous comments in response to the request for 
suggested updates to the programmatic assessment. Many commenters 
expressed similar views, but there also were conflicting comments 
(e.g., some commenters wanted the NRC to make it easier to dispose of 
Low Activity Waste (LAW) at Resource Conservation and Recovery Act 
sites or other disposal facilities not licensed in accordance with the 
NRC's regulations in 10 CFR part 61; other commenters wanted the NRC to 
require that disposal of LAW be done only at licensed LLW sites). 
Comments that were determined to be outside the scope of the 
programmatic assessment or comments related to tasks that have been 
recently completed by the NRC are not addressed in this programmatic 
assessment.
    To evaluate and prioritize these comments, the NRC used the LLW 
strategic objective that was developed for the 2007 strategic 
assessment. Specifically, in SECY-07-0180 the NRC used the NRC's 
Strategic Plan to develop a strategic objective for the LLW regulatory 
program. To ensure the strategic objective was still current, the NRC 
reviewed the latest version of the NRC's Strategic Plan (Strategic 
Plan: Fiscal Years 2014-2018 (NUREG-1614, Volume 6, which can be found 
at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1614/v6/). The NRC concluded that the strategic objective developed in SECY-
07-0180 is still applicable. The strategic objective is: ``The 
objective of the NRC's LLW regulatory program is to provide for a 
stable, reliable, and adaptable regulatory framework for effective LLW 
management, while maintaining safety, security, and protection of the 
environment.'' The NRC evaluated whether the need to complete each task 
was a short, medium, or long term priority. Also, the NRC considered 
potential costs and benefits along with consideration of the 
availability of disposal options.
    The NRC used the list of 20 items in SECY-07-0180, as a starting 
point and combined, deleted, or added items based on the current LLW 
landscape and on stakeholder comments received in 2014.

Completed Tasks

    Task 5, ``Review and update guidance on extended storage of LLW for 
materials and fuel cycle licensees and review industry guidance for 
reactors.'' This item was completed by the NRC by issuing Regulatory 
Issue Summary (RIS) 2008-12, ``Considerations for Extended Interim 
Storage of Low-Level Radioactive Waste by Fuel Cycle and Materials 
Licensees,'' (ADAMS Accession No. ML073330725) and RIS 2011-09 
``Available Resources Associated with Extended Storage of Low-Level 
Radioactive Waste,'' (ADAMS Accession No. ML111520042).
    Task 13, ``Identify new waste streams.'' This item is considered 
completed because the proposed changes to 10 CFR part 61 (i.e., Site-
Specific Analysis Rulemaking) are broad enough to include potential new 
waste streams that may be developed in the future.
    Task 17, ``Develop information notice on waste minimization.'' This 
item is considered completed because in 2012 the NRC issued its ``Low-
Level Radioactive Waste Management and Volume Reduction,'' policy 
statement that addressed this issue and no further work is anticipated 
by the NRC. This policy statement is available on the federal 
rulemaking Web site at http://www.regulations.gov under Docket ID NRC-
2011-0183.
    The completed tasks were removed from the task list:

Combined Tasks

    Similar tasks were grouped together, specifically under the topics 
related to the revision to 10 CFR part 61. Several tasks in the 2007 
assessment were related to the proposed revision to 10 CFR part 61 
including, determining if disposal of large quantities of DU would

[[Page 13453]]

change the waste classification tables; developing guidance on 
alternate waste classification; and implementing major revisions to 10 
CFR part 61. Based on the Commission's direction, the NRC's efforts 
related to revision to 10 CFR part 61 has been limited to specifying a 
requirement for a site-specific analysis and associated technical 
requirements for unique waste streams including the disposal of 
significant quantities of DU. These tasks have been combined and 
separated into two tasks, ``Complete and Implement Site-Specific 
Analysis Rulemaking,'' and ``Update the Waste Classification Tables.'' 
Once the Site-Specific Analysis Rulemaking is complete, in accordance 
with Revised Staff Requirements-SECY-13-0001, ``Staff Recommendations 
for Improving the Integration of the Ongoing 10 CFR part 61 Rulemaking 
Initiatives'' (ADAMS Accession No. ML13085A318), the NRC staff plans to 
communicate further with the Commission on the need for a second 
rulemaking for revising the waste classification tables.

Deleted Tasks

    Several items included in the table in SECY-07-0180 were deleted 
from the table in this section.
    These items were:
    Task 1, ``Evaluate potential changes to LLW regulatory program as a 
result of severe curtailment of disposal capacity.'' This item was 
deleted because the anticipated curtailment of disposal capacity did 
not occur and is not expected to occur in the near term.
    Task 8, ``Examine the desirability and benefits of legislative 
changes.'' As with Task 1, this item was deleted because the 
anticipated curtailment of disposal capacity did not occur and is not 
expected to occur in the near term.
    Task 15, ``Develop waste acceptance criteria for LLW disposal in 
uranium mill tailings impoundments.'' The NRC anticipated that some LLW 
would need to be disposed in uranium mill tailing impoundments due to 
the diminishing capacity at LLW disposal sites. This item was deleted 
because the anticipated curtailment of disposal capacity did not occur 
and is not expected to occur in the near term.

Added Task

    A new task has been added to the list, ``Update NUREG/BR-0204, Rev. 
2 (July 1998), ``Instructions for Completing NRC's Uniform Low-Level 
Radioactive Waste Manifest.'' NUREG/BR-0204 provides instructions for 
completing the NRC's Forms 540/540A, 541/541A, and 542/542A.'' These 
forms are collectively known as the uniform manifest. Stakeholders and 
the NRC have identified items on the forms that should/need to be 
revised. For example, instructions for manifest reporting of the 
activities of hydrogen-3, carbon-14, technetium-99, and iodine-129, 
when their activities are below the lower limit of detection, will be 
clarified. Additionally, work on the 10 CFR part 61 rulemaking also 
identified needed revisions to the forms.
    Table 1 reflects the NRC's views on the tasks that should receive 
priority consideration moving forward.

                  Table 1--LLW Programmatic Assessment: Summary of Tasks Evaluated by NRC Staff
----------------------------------------------------------------------------------------------------------------
                                                                                                 Rationale for
              Task                   Description       Current ranking      Previous ranking   change in ranking
----------------------------------------------------------------------------------------------------------------
1. Complete and Implement Site-  This task           High...............  Not applicable,      Not applicable,
 Specific Analysis Rulemaking.    includes:                                this is a combined   this is a
                                  Developing                               task..               combined task.
                                  guidance that
                                  explains how to
                                  meet the
                                  provisions of the
                                  proposed changes
                                  to 10 CFR part
                                  61; and
                                  implementing
                                  revisions to 10
                                  CFR part 61. This
                                  task would
                                  address changes
                                  to 10 CFR part 61
                                  that cannot be
                                  implemented
                                  through guidance
                                  changes. This
                                  task is currently
                                  ongoing.
2. Update the Waste              This task will      High...............  High...............  Not applicable,
 Classification Tables.           include:                                                      no change in
                                  Determining if                                                ranking.
                                  the disposal of
                                  large quantities
                                  of DU would
                                  change the waste
                                  classification
                                  tables and
                                  revising the
                                  waste
                                  classification
                                  tables.
3. Implement the Updated         The NRC is          High...............  High...............  Not applicable,
 Concentration Averaging and      implementing the                                              no change in
 Encapsulation Branch Technical   recently issued                                               ranking.
 Position (BTP).                  updated BTP.
                                  Implementation
                                  would include
                                  public
                                  information
                                  meetings and
                                  training. This
                                  task is currently
                                  ongoing.
4. Perform scoping study of the  This task includes  High...............  High...............  Not applicable,
 need to review/expand            identifying the                                               no change in
 byproduct material financial     need, if any, and                                             ranking.
 assurance to account for life-   rationale for
 cycle cost.                      additional
                                  financial
                                  planning for end-
                                  of-life
                                  management of
                                  radioactive
                                  sealed sources
                                  and, if
                                  necessary, other
                                  byproduct
                                  material. This
                                  would include,
                                  but not
                                  necessarily be
                                  limited to,
                                  Category 1 and 2
                                  sources included
                                  in the 2014
                                  Radiation Source
                                  Protection and
                                  Security Task
                                  Force Report,
                                  Recommendation 2.
                                  This task is
                                  currently ongoing.

[[Page 13454]]

 
5. Clarify the regulatory        This task will      High...............  Medium.............  The DOE is in the
 authority of greater-than-       include:                                                      finalization
 Class C (GTCC) waste disposal    Determining the                                               stage of the
 and develop licensing criteria   regulatory                                                    final
 for a GTCC disposal facility.    authority for                                                 environmental
                                  licensing a GTCC                                              impact statement
                                  waste disposal                                                for GTCC waste
                                  facility and                                                  disposal. The
                                  developing                                                    NRC needs to be
                                  licensing                                                     prepared should
                                  criteria for GTCC                                             DOE submit a
                                  disposal in                                                   license
                                  facilities other                                              application for
                                  than those of the                                             GTCC waste
                                  deep geologic                                                 disposal.
                                  type. This could
                                  include the
                                  identification of
                                  necessary site
                                  and waste
                                  characteristics,
                                  as well as
                                  facility baseline
                                  design criteria.
                                  Whether this task
                                  is necessary
                                  depends upon
                                  whether the U.S.
                                  Department of
                                  Energy (DOE)
                                  chooses a non-
                                  geologic
                                  repository for
                                  GTCC disposal.
                                  This task is
                                  currently ongoing.
6. Finalize internal procedure/  To improve          High...............  High...............  Not applicable,
 Standard Review Plan for 10      consistency and                                               no change in
 CFR 20.2002 requests.            transparency, the                                             ranking.
                                  NRC is finalizing
                                  implementation
                                  guidance for 10
                                  CFR 20.2002,
                                  ``Method for
                                  obtaining
                                  approval of
                                  proposed disposal
                                  procedures.''
                                  This task in
                                  currently ongoing.
7. Update NUREG/BR-0204, Rev. 2  NUREG/BR-0204       High...............  Not applicable,      Not applicable,
 (July 1998), ``Instructions      provides                                 this is a new        this is a new
 for Completing NRC's Uniform     instructions for                         task..               task.
 Low-Level Radioactive Waste      completing the
 Manifest''.                      NRC's Forms 540/
                                  540A, 541/541A,
                                  and 542/542A.
                                  These forms are
                                  collectively
                                  known as the
                                  uniform manifest.
                                  Stakeholders and
                                  the NRC have
                                  identified items
                                  on the forms that
                                  should/need to be
                                  revised.
                                  Additionally,
                                  work on the 10
                                  CFR part 61
                                  rulemaking also
                                  identified needed
                                  revisions to the
                                  forms. This task
                                  is currently
                                  ongoing.
8. Develop guidance that         This task would     Medium.............  Medium.............  Not applicable,
 summarizes disposition options   require issuance                                              no change in
 for low-activity waste (LAW).    of a regulatory                                               ranking.
                                  issue summary
                                  that contains all
                                  of the existing
                                  staff positions
                                  on the disposal
                                  of LAW.
9. Update and consolidate LLW    This task would be  Medium.............  Medium.............  Not applicable,
 guidance into one NUREG.         similar to the                                                no change in
                                  guidance                                                      ranking.
                                  consolidation
                                  that was
                                  conducted for the
                                  materials
                                  licensing program
                                  (resulting in
                                  NUREG-1556) and
                                  the
                                  decommissioning
                                  program
                                  (resulting in
                                  NUREG-1757).

[[Page 13455]]

 
10. Coordinate with other        The NRC will        Medium.............  Medium.............  Not applicable,
 agencies on consistency in       coordinate with                                               no change in
 regulating LAW and determine     other government                                              ranking.
 the impact of LAW disposal       agencies to look
 from radiological dispersal      at a broad range
 devices (RDD).                   of issues
                                  associated with
                                  LAW. The study
                                  will consider the
                                  divergent
                                  stakeholder
                                  comments as part
                                  of this
                                  programmatic
                                  assessment,
                                  lessons learned
                                  from the revoked
                                  below regulatory
                                  concern policy
                                  statements of the
                                  NRC published in
                                  the Federal
                                  Register on July
                                  3, 1990 (55 FR
                                  27522), and
                                  August 29, 1986
                                  (51 FR 30839),
                                  lessons learned
                                  from the
                                  Commission's 2005
                                  disapproval of
                                  publication of a
                                  proposed rule
                                  (the
                                  ``Clearance''
                                  rule) on
                                  radiological
                                  criteria for
                                  controlling the
                                  disposition of
                                  solid materials,
                                  learning from
                                  other countries
                                  with LAW
                                  disposal, and
                                  other factors to
                                  come up with a
                                  recommendation
                                  for resolving
                                  this issue. This
                                  will include work
                                  with other
                                  government
                                  agencies to
                                  evaluate the
                                  impact of large
                                  quantities of LAW
                                  that would result
                                  from cleanup
                                  after an RDD or
                                  similar devise is
                                  used in the U.S.
                                  and ensure LAW
                                  resulting from
                                  such devices has
                                  a disposal
                                  pathway. The NRC
                                  would develop a
                                  memorandum of
                                  understanding
                                  with other
                                  agencies.
11. Promulgate rule for          The NRC would       Medium.............  Low................  The NRC
 disposal of low-activity waste   promulgate a rule                                             anticipates a
 (LAW).                           that would define                                             higher volume of
                                  the conditions                                                LAW from reactor
                                  under which LAW,                                              decommissioning
                                  including mixed                                               and material
                                  waste, could be                                               waste.
                                  disposed of in
                                  Resource
                                  Conservation and
                                  Recovery Act
                                  Subtitle C
                                  hazardous waste
                                  facilities. The
                                  NRC would exempt
                                  the materials
                                  authorized for
                                  disposal.
12. Develop procedures for       The NRC would       Low................  High...............  The NRC does not
 Import/Export Review.            develop internal,                                             anticipate a
                                  and external                                                  significant
                                  guidance related                                              number of
                                  to the review of                                              requests to
                                  applications for                                              export or import
                                  licenses to                                                   radioactive
                                  import or export                                              waste in the
                                  radioactive                                                   near future.
                                  waste. The                                                    Therefore, due
                                  internal                                                      to limited
                                  procedure would                                               resources, this
                                  include the                                                   is being
                                  process for                                                   assigned a lower
                                  vetting and                                                   priority.
                                  resolving complex
                                  issues as well as
                                  a summary of
                                  issues previously
                                  resolved. The
                                  external guidance
                                  would include a
                                  description of
                                  the technical and
                                  regulatory
                                  analyses
                                  necessary to
                                  respond to the
                                  Office of
                                  International
                                  Programs in its
                                  processing of
                                  import/export
                                  license
                                  applications.

[[Page 13456]]

 
13. Examine the need for         This task will      Low................  Low................  Not applicable,
 guidance on defining when        include                                                       no change in
 radioactive material becomes     determining                                                   ranking.
 LLW.                             whether a need
                                  exists for the
                                  NRC to provide
                                  guidance to
                                  licensees on when
                                  radioactive
                                  material becomes
                                  LLW. Radioactive
                                  material that is
                                  LLW can be
                                  subject to
                                  measures, such as
                                  storage guidance
                                  and/or financial
                                  assurance
                                  provisions that
                                  differ from those
                                  for radioactive
                                  materials for
                                  which this is an
                                  intended use.
14. Develop and implement the    This task will      Low................  Low................  Not applicable,
 national waste tracking system.  include                                                       no change in
                                  promulgating a                                                ranking.
                                  regulation that
                                  would identify
                                  the data
                                  necessary to
                                  track the origin,
                                  management, and
                                  disposition of
                                  all LLW. Require
                                  the promulgation
                                  of a compatible
                                  State regulation
                                  by all Agreement
                                  States with
                                  licensees that
                                  produce LLW. By
                                  these
                                  regulations,
                                  require that
                                  licensees provide
                                  necessary
                                  information to
                                  regulatory
                                  authorities on a
                                  regular,
                                  prescribed basis.
----------------------------------------------------------------------------------------------------------------

IV. Specific Requests for Comments

    The NRC is requesting comments on the updated prioritized task list 
as presented in section III, Table 1 of this document. In particular, 
the NRC is requesting any views on possible unintended consequences of 
finalizing the proposed task list and any tasks that commenters feel 
the NRC did not adequately consider.

    Dated at Rockville, Maryland, this 3rd day of March, 2015.

    For the Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Division of Decommissioning, Uranium Recover and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-05851 Filed 3-12-15; 8:45 am]
BILLING CODE 7590-01-P



                                                                                  Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices                                           13451

                                                    Dated at Rockville, Maryland, this 6th day            email: Carol.Gallagher@nrc.gov. For                   B. Submitting Comments
                                                  of March 2015.                                          technical questions, contact the                        Please include Docket ID NRC–2014–
                                                    For the Nuclear Regulatory Commission.                individuals listed in the FOR FURTHER                 0080 in the subject line of your
                                                  Thomas H. Boyce,                                        INFORMATION CONTACT section of this
                                                                                                                                                                comment submission.
                                                  Chief, Regulatory Guide and Generic Issues              document.                                               The NRC cautions you not to include
                                                  Branch, Division of Engineering, Office of                • Mail comments to: Cindy Bladey,                   identifying or contact information that
                                                  Nuclear Regulatory Research.                            Office of Administration, Mail Stop:                  you do not want to be publicly
                                                  [FR Doc. 2015–05754 Filed 3–12–15; 8:45 am]             OWFN–12–H08, U.S. Nuclear                             disclosed in your comment submission.
                                                  BILLING CODE 7590–01–P                                  Regulatory Commission, Washington,                    The NRC will post all comment
                                                                                                          DC 20555–0001.                                        submissions at http://
                                                                                                            For additional direction on obtaining               www.regulations.gov as well as enter the
                                                  NUCLEAR REGULATORY                                      information and submitting comments,                  comment submissions into ADAMS.
                                                  COMMISSION                                              see ‘‘Obtaining Information and                       The NRC does not routinely edit
                                                  [NRC–2014–0080]                                         Submitting Comments’’ in the                          comment submissions to remove
                                                                                                          SUPPLEMENTARY INFORMATION section of                  identifying or contact information.
                                                  Low-Level Radioactive Waste                             this document.                                          If you are requesting or aggregating
                                                  Regulatory Program                                      FOR FURTHER INFORMATION CONTACT:                      comments from other persons for
                                                                                                          Stephen Dembek, telephone: 301–415–                   submission to the NRC, then you should
                                                  AGENCY:   Nuclear Regulatory
                                                                                                          2342, email: Stephen.Dembek@nrc.gov;                  inform those persons not to include
                                                  Commission.
                                                                                                          or Melanie C. Wong, telephone: 301–                   identifying or contact information that
                                                  ACTION: Draft programmatic assessment                   415–2432, email: Melanie.Wong@                        they do not want to be publicly
                                                  results; request for comment.                           nrc.gov, both are staff of the Office of              disclosed in their comment submission.
                                                                                                          Nuclear Material Safety and Safeguards,               Your request should state that the NRC
                                                  SUMMARY:    The U.S. Nuclear Regulatory
                                                                                                          U.S. Nuclear Regulatory Commission,                   does not routinely edit comment
                                                  Commission (NRC) is requesting
                                                                                                          Washington, DC 20555–0001.                            submissions to remove such information
                                                  comment on a draft list of prioritized
                                                                                                          SUPPLEMENTARY INFORMATION:                            before making the comment
                                                  low-level radioactive waste (LLW) tasks
                                                                                                                                                                submissions available to the public or
                                                  based upon the assessment updates to                    I. Obtaining Information and                          entering the comment submissions into
                                                  the strategic assessment (now called a                  Submitting Comments                                   ADAMS.
                                                  programmatic assessment) performed in
                                                  2007. The objective of this updated                     A. Obtaining Information                              II. Background
                                                  assessment remains the same as the                         Please refer to Docket ID NRC–2014–                   In 2007, due to developments in the
                                                  2007 assessment; that is, to identify and               0080 when contacting the NRC about                    national program for LLW disposal, as
                                                  prioritize tasks that the NRC staff can                 the availability of information regarding             well as changes in the regulatory
                                                  undertake to ensure a stable, reliable,                 this document. You may obtain                         environment, the NRC’s LLW program
                                                  and adaptable regulatory framework for                  publicly-available information related to             faced new challenges and issues. New
                                                  effective LLW management, while also                    this document by any of the following                 technical issues related to protection of
                                                  considering future needs and changes                    methods:                                              public health and the environment and
                                                  that may occur in the nation’s                             • Federal Rulemaking Web site: Go to               security emerged. These challenges and
                                                  commercial LLW management system.                       http://www.regulations.gov and search                 issues included (1) the need for greater
                                                     In 2014, through public meetings,                    for Docket ID NRC–2014–0080.                          flexibility and reliability in LLW
                                                  webinars, and Federal Register notices,                    • NRC’s Agencywide Documents                       disposal options; (2) increased storage of
                                                  the NRC staff solicited public comment                  Access and Management System                          Class B and Class C LLW because of the
                                                  on what changes, if any, should be made                 (ADAMS): You may obtain publicly-                     potential closing of the Barnwell, South
                                                  to the current LLW program’s regulatory                 available documents online in the                     Carolina disposal facility to out-of-
                                                  framework, as well as specific actions                  ADAMS Public Documents collection at                  compact waste generators; (3) the
                                                  that the staff might undertake to                       http://www.nrc.gov/reading-rm/                        potential need to dispose of large
                                                  facilitate such changes. The NRC staff                  adams.html. To begin the search, select               quantities of power plant
                                                  considered the comments received,                       ‘‘ADAMS Public Documents’’ and then                   decommissioning waste, as well as
                                                  performed an assessment of the                          select ‘‘Begin Web-based ADAMS                        depleted uranium (DU) from enrichment
                                                  comments, and developed a draft list of                 Search.’’ For problems with ADAMS,                    facilities; (4) increased safety concerns;
                                                  prioritized LLW tasks.                                  please contact the NRC’s Public                       (5) the need for greater LLW program
                                                  DATES: Submit comments by April 13,                     Document Room (PDR) reference staff at                resources than were available; (6)
                                                  2015. Comments received after this date                 1–800–397–4209, 301–415–4737, or by                   increased security concerns related to
                                                  will be considered if it is practical to do             email to pdr.resource@nrc.gov. The                    storing LLW in general and sealed
                                                  so, but the NRC is able to assure                       ‘‘Strategic Assessment of Low-Level                   radioactive sources in particular; and (7)
                                                  consideration only for comments                         Radioactive Waste Regulatory Program’’                the potential for generation of new
                                                  received on or before this date.                        and ‘‘Transcript of Public Workshop on                waste streams (for example, by the next
                                                  ADDRESSES: You may submit comments                      Low-Level Radioactive Waste Disposal                  generation of nuclear reactors and the
                                                  by any of the following methods (unless                 Rulemaking and Strategic Assessment of                potential reemergence of nuclear fuel
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                                                  this document describes a different                     Low-Level Radioactive Waste’’ are                     reprocessing in the United States).
                                                  method for submitting comments on a                     available in ADAMS under Accession                       Based on these challenges and issues,
                                                  specific subject):                                      Nos. ML071350291 and ML14086A540.                     the NRC staff conducted a Strategic
                                                     • Federal Rulemaking Web site: Go to                    • NRC’s PDR: You may examine and                   Assessment of the NRC’s LLW
                                                  http://www.regulations.gov and search                   purchase copies of public documents at                regulatory program. Based on extensive
                                                  for Docket ID NRC–2014–0080. Address                    the NRC’s PDR, Room O1–F21, One                       stakeholder input during public
                                                  questions about NRC dockets to Carol                    White Flint North, 11555 Rockville                    meetings, the NRC staff received a
                                                  Gallagher; telephone: 301–415–3463;                     Pike, Rockville, Maryland 20852.                      variety of tasks to be included in the


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                                                  13452                           Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices

                                                  Strategic Assessment and evaluated                      March 7, 2014. Additionally, the NRC                  objective developed in SECY–07–0180
                                                  them based on the overall strategic                     requested comments by issuing a                       is still applicable. The strategic
                                                  objectives for ensuring safety, and                     Federal Register notice on May 15, 2014               objective is: ‘‘The objective of the NRC’s
                                                  security, and other factors. From these                 (79 FR 27772), with a 60-day public                   LLW regulatory program is to provide
                                                  solicited tasks, the NRC developed a list               comment period. The NRC also held                     for a stable, reliable, and adaptable
                                                  of 20 tasks responsive to identified                    webinars on June 17, 2014, and July 8,                regulatory framework for effective LLW
                                                  programmatic needs. These tasks were                    2014, requesting comments on the                      management, while maintaining safety,
                                                  assigned priorities of high, medium, or                 proposed update to the assessment. The                security, and protection of the
                                                  low, and ranged from narrowly focused                   initial comment period was scheduled                  environment.’’ The NRC evaluated
                                                  tasks such as updating LLW storage                      to close on July 14, 2014. However, on                whether the need to complete each task
                                                  guidance to broader tasks such as                       July 9, 2014 (79 FR 38796), the NRC                   was a short, medium, or long term
                                                  suggesting legislative changes to                       extended the comment period to                        priority. Also, the NRC considered
                                                  Congress to improve the national LLW                    September 15, 2014. The NRC sought                    potential costs and benefits along with
                                                  program.                                                comments on developments that would                   consideration of the availability of
                                                     The NRC staff issued the strategic                   affect the LLW regulatory program over                disposal options.
                                                  assessment in late 2007 in SECY–07–                     the next several years and that would                    The NRC used the list of 20 items in
                                                  0180, ‘‘Strategic Assessment of Low-                    affect licensees and sited States and                 SECY–07–0180, as a starting point and
                                                  Level Radioactive Waste Regulatory                      actions that the NRC could take to                    combined, deleted, or added items
                                                  Program’’ (ADAMS Accession No.                          ensure safety, security, and the                      based on the current LLW landscape
                                                  ML071350291). The strategic                             protection of the environment.                        and on stakeholder comments received
                                                  assessment identified and prioritized                      The NRC received twelve comment                    in 2014.
                                                  the NRC staff’s tasks to ensure that the                submissions to the Federal Register
                                                  LLW program continued to: (1) Ensure                    notices and also received numerous                    Completed Tasks
                                                  safe and secure LLW disposal; (2)                       comments as the result of the public                     Task 5, ‘‘Review and update guidance
                                                  improve the effectiveness, efficiency,                  meeting and webinars. The comment                     on extended storage of LLW for
                                                  and adaptability of the NRC’s LLW                       submissions are available on the federal              materials and fuel cycle licensees and
                                                  regulatory program; and (3) ensure                      rulemaking Web site at http://                        review industry guidance for reactors.’’
                                                  regulatory stability, and predictability,               www.regulations.gov under Docket ID                   This item was completed by the NRC by
                                                  while allowing flexibility in disposal                  NRC–2014–0080.                                        issuing Regulatory Issue Summary (RIS)
                                                  options.                                                                                                      2008–12, ‘‘Considerations for Extended
                                                     Since 2007, the NRC has completed                    III. Updated Prioritized List of LLW
                                                                                                                                                                Interim Storage of Low-Level
                                                  several high priority tasks identified in               Tasks
                                                                                                                                                                Radioactive Waste by Fuel Cycle and
                                                  the 2007 Strategic Assessment,                             The NRC received numerous                          Materials Licensees,’’ (ADAMS
                                                  including updating guidance for LLW                     comments in response to the request for               Accession No. ML073330725) and RIS
                                                  storage and evaluating the disposal of                  suggested updates to the programmatic                 2011–09 ‘‘Available Resources
                                                  DU and the measures needed to ensure                    assessment. Many commenters                           Associated with Extended Storage of
                                                  its safe disposal. In addition, the NRC                 expressed similar views, but there also               Low-Level Radioactive Waste,’’
                                                  continues to work on the revisions to                   were conflicting comments (e.g., some                 (ADAMS Accession No. ML111520042).
                                                  part 61 of Title 10 of the Code of Federal              commenters wanted the NRC to make it                     Task 13, ‘‘Identify new waste
                                                  Regulations (CFR) and implementation                    easier to dispose of Low Activity Waste               streams.’’ This item is considered
                                                  of the update to the Concentration                      (LAW) at Resource Conservation and                    completed because the proposed
                                                  Averaging and Encapsulation Branch                      Recovery Act sites or other disposal                  changes to 10 CFR part 61 (i.e., Site-
                                                  Technical Position. In addition, the                    facilities not licensed in accordance                 Specific Analysis Rulemaking) are broad
                                                  national LLW program continues to                       with the NRC’s regulations in 10 CFR                  enough to include potential new waste
                                                  evolve.                                                 part 61; other commenters wanted the                  streams that may be developed in the
                                                     To set the direction for the NRC’s                   NRC to require that disposal of LAW be                future.
                                                  LLW regulatory program in the next                      done only at licensed LLW sites).                        Task 17, ‘‘Develop information notice
                                                  several years, the NRC began developing                 Comments that were determined to be                   on waste minimization.’’ This item is
                                                  a new strategic assessment of its LLW                   outside the scope of the programmatic                 considered completed because in 2012
                                                  program (now called a programmatic                      assessment or comments related to tasks               the NRC issued its ‘‘Low-Level
                                                  assessment). The objective of this                      that have been recently completed by                  Radioactive Waste Management and
                                                  updated programmatic assessment                         the NRC are not addressed in this                     Volume Reduction,’’ policy statement
                                                  remains the same as the 2007 strategic                  programmatic assessment.                              that addressed this issue and no further
                                                  assessment; i.e., to identify and                          To evaluate and prioritize these                   work is anticipated by the NRC. This
                                                  prioritize tasks that the NRC can                       comments, the NRC used the LLW                        policy statement is available on the
                                                  undertake to ensure a stable, reliable                  strategic objective that was developed                federal rulemaking Web site at http://
                                                  and adaptable regulatory framework for                  for the 2007 strategic assessment.                    www.regulations.gov under Docket ID
                                                  effective LLW management, while also                    Specifically, in SECY–07–0180 the NRC                 NRC–2011–0183.
                                                  considering future needs and changes                    used the NRC’s Strategic Plan to                         The completed tasks were removed
                                                  that may occur in the nation’s                          develop a strategic objective for the                 from the task list:
                                                  commercial LLW management system.                       LLW regulatory program. To ensure the
                                                                                                                                                                Combined Tasks
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                                                     The NRC solicited public comment on                  strategic objective was still current, the
                                                  what changes, if any, should be made to                 NRC reviewed the latest version of the                  Similar tasks were grouped together,
                                                  the current LLW program’s regulatory                    NRC’s Strategic Plan (Strategic Plan:                 specifically under the topics related to
                                                  framework, as well as specific actions                  Fiscal Years 2014–2018 (NUREG–1614,                   the revision to 10 CFR part 61. Several
                                                  that the NRC might undertake to                         Volume 6, which can be found at                       tasks in the 2007 assessment were
                                                  facilitate such changes. Specifically, the              http://www.nrc.gov/reading-rm/doc-                    related to the proposed revision to 10
                                                  NRC requested comments at a public                      collections/nuregs/staff/sr1614/v6/).                 CFR part 61 including, determining if
                                                  workshop in Phoenix, Arizona on                         The NRC concluded that the strategic                  disposal of large quantities of DU would


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                                                                                  Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices                                                        13453

                                                  change the waste classification tables;                 Deleted Tasks                                               capacity did not occur and is not
                                                  developing guidance on alternate waste                     Several items included in the table in                   expected to occur in the near term.
                                                  classification; and implementing major                  SECY–07–0180 were deleted from the                          Added Task
                                                  revisions to 10 CFR part 61. Based on                   table in this section.
                                                  the Commission’s direction, the NRC’s                      These items were:                                           A new task has been added to the list,
                                                  efforts related to revision to 10 CFR part                 Task 1, ‘‘Evaluate potential changes to                  ‘‘Update NUREG/BR–0204, Rev. 2 (July
                                                  61 has been limited to specifying a                     LLW regulatory program as a result of                       1998), ‘‘Instructions for Completing
                                                  requirement for a site-specific analysis                severe curtailment of disposal                              NRC’s Uniform Low-Level Radioactive
                                                  and associated technical requirements                   capacity.’’ This item was deleted                           Waste Manifest.’’ NUREG/BR–0204
                                                  for unique waste streams including the                  because the anticipated curtailment of                      provides instructions for completing the
                                                  disposal of significant quantities of DU.               disposal capacity did not occur and is                      NRC’s Forms 540/540A, 541/541A, and
                                                  These tasks have been combined and                      not expected to occur in the near term.                     542/542A.’’ These forms are collectively
                                                  separated into two tasks, ‘‘Complete and                   Task 8, ‘‘Examine the desirability and                   known as the uniform manifest.
                                                  Implement Site-Specific Analysis                        benefits of legislative changes.’’ As with                  Stakeholders and the NRC have
                                                  Rulemaking,’’ and ‘‘Update the Waste                    Task 1, this item was deleted because                       identified items on the forms that
                                                  Classification Tables.’’ Once the Site-                 the anticipated curtailment of disposal                     should/need to be revised. For example,
                                                  Specific Analysis Rulemaking is                         capacity did not occur and is not                           instructions for manifest reporting of the
                                                  complete, in accordance with Revised                    expected to occur in the near term.                         activities of hydrogen-3, carbon-14,
                                                  Staff Requirements-SECY–13–0001,                           Task 15, ‘‘Develop waste acceptance                      technetium-99, and iodine-129, when
                                                  ‘‘Staff Recommendations for Improving                   criteria for LLW disposal in uranium                        their activities are below the lower limit
                                                  the Integration of the Ongoing 10 CFR                   mill tailings impoundments.’’ The NRC                       of detection, will be clarified.
                                                  part 61 Rulemaking Initiatives’’                        anticipated that some LLW would need                        Additionally, work on the 10 CFR part
                                                  (ADAMS Accession No. ML13085A318),                      to be disposed in uranium mill tailing                      61 rulemaking also identified needed
                                                  the NRC staff plans to communicate                      impoundments due to the diminishing                         revisions to the forms.
                                                  further with the Commission on the                      capacity at LLW disposal sites. This                           Table 1 reflects the NRC’s views on
                                                  need for a second rulemaking for                        item was deleted because the                                the tasks that should receive priority
                                                  revising the waste classification tables.               anticipated curtailment of disposal                         consideration moving forward.

                                                                   TABLE 1—LLW PROGRAMMATIC ASSESSMENT: SUMMARY OF TASKS EVALUATED BY NRC STAFF
                                                                                                                                             Current              Previous
                                                                   Task                                     Description                                                                Rationale for change in ranking
                                                                                                                                             ranking              ranking

                                                  1. Complete and Implement Site-             This task includes: Developing             High ..............   Not applica-          Not applicable, this is a combined
                                                    Specific Analysis Rulemaking.               guidance that explains how to                                    ble, this is          task.
                                                                                                meet the provisions of the pro-                                  a combined
                                                                                                posed changes to 10 CFR part                                     task..
                                                                                                61; and implementing revisions
                                                                                                to 10 CFR part 61. This task
                                                                                                would address changes to 10
                                                                                                CFR part 61 that cannot be im-
                                                                                                plemented through guidance
                                                                                                changes. This task is currently
                                                                                                ongoing.
                                                  2. Update the Waste Classification          This task will include: Determining        High ..............   High ..............   Not applicable, no change in rank-
                                                    Tables.                                     if the disposal of large quantities                                                    ing.
                                                                                                of DU would change the waste
                                                                                                classification tables and revising
                                                                                                the waste classification tables.
                                                  3. Implement the Updated Con-               The NRC is implementing the re-            High ..............   High ..............   Not applicable, no change in rank-
                                                    centration Averaging and Encap-             cently issued updated BTP. Im-                                                         ing.
                                                    sulation Branch Technical Posi-             plementation would include pub-
                                                    tion (BTP).                                 lic information meetings and
                                                                                                training. This task is currently on-
                                                                                                going.
                                                  4. Perform scoping study of the             This task includes identifying the         High ..............   High ..............   Not applicable, no change in rank-
                                                    need to review/expand byproduct             need, if any, and rationale for ad-                                                    ing.
                                                    material financial assurance to             ditional financial planning for
                                                    account for life-cycle cost.                end-of-life management of radio-
                                                                                                active sealed sources and, if
                                                                                                necessary, other byproduct mate-
                                                                                                rial. This would include, but not
                                                                                                necessarily be limited to, Cat-
                                                                                                egory 1 and 2 sources included
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                                                                                                in the 2014 Radiation Source
                                                                                                Protection and Security Task
                                                                                                Force Report, Recommendation
                                                                                                2. This task is currently ongoing.




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                                                  13454                           Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices

                                                          TABLE 1—LLW PROGRAMMATIC ASSESSMENT: SUMMARY OF TASKS EVALUATED BY NRC STAFF—Continued
                                                                                                                                             Current              Previous
                                                                   Task                                     Description                                                                Rationale for change in ranking
                                                                                                                                             ranking              ranking

                                                  5. Clarify the regulatory authority of      This task will include: Determining        High ..............   Medium ........       The DOE is in the finalization stage
                                                    greater-than-Class C (GTCC)                 the regulatory authority for licens-                                                   of the final environmental impact
                                                    waste disposal and develop li-              ing a GTCC waste disposal facil-                                                       statement for GTCC waste dis-
                                                    censing criteria for a GTCC dis-            ity and developing licensing cri-                                                      posal. The NRC needs to be pre-
                                                    posal facility.                             teria for GTCC disposal in facili-                                                     pared should DOE submit a li-
                                                                                                ties other than those of the deep                                                      cense application for GTCC
                                                                                                geologic type. This could include                                                      waste disposal.
                                                                                                the identification of necessary
                                                                                                site and waste characteristics, as
                                                                                                well as facility baseline design
                                                                                                criteria. Whether this task is nec-
                                                                                                essary depends upon whether
                                                                                                the U.S. Department of Energy
                                                                                                (DOE) chooses a non-geologic
                                                                                                repository for GTCC disposal.
                                                                                                This task is currently ongoing.
                                                  6. Finalize internal procedure/Stand-       To improve consistency and trans-          High ..............   High ..............   Not applicable, no change in rank-
                                                    ard Review Plan for 10 CFR                  parency, the NRC is finalizing im-                                                     ing.
                                                    20.2002 requests.                           plementation guidance for 10
                                                                                                CFR 20.2002, ‘‘Method for ob-
                                                                                                taining approval of proposed dis-
                                                                                                posal procedures.’’ This task in
                                                                                                currently ongoing.
                                                  7. Update NUREG/BR–0204, Rev.               NUREG/BR–0204 provides instruc-            High ..............   Not applica-   Not applicable, this is a new task.
                                                    2 (July 1998), ‘‘Instructions for           tions for completing the NRC’s                                   ble, this is
                                                    Completing NRC’s Uniform Low-               Forms 540/540A, 541/541A, and                                    a new task..
                                                    Level Radioactive Waste Mani-               542/542A. These forms are col-
                                                    fest’’.                                     lectively known as the uniform
                                                                                                manifest. Stakeholders and the
                                                                                                NRC have identified items on the
                                                                                                forms that should/need to be re-
                                                                                                vised. Additionally, work on the
                                                                                                10 CFR part 61 rulemaking also
                                                                                                identified needed revisions to the
                                                                                                forms. This task is currently on-
                                                                                                going.
                                                  8. Develop guidance that summa-             This task would require issuance of        Medium ........       Medium ........       Not applicable, no change in rank-
                                                    rizes disposition options for low-          a regulatory issue summary that                                                        ing.
                                                    activity waste (LAW).                       contains all of the existing staff
                                                                                                positions on the disposal of LAW.
                                                  9. Update and consolidate LLW               This task would be similar to the          Medium ........       Medium ........       Not applicable, no change in rank-
                                                    guidance into one NUREG.                    guidance consolidation that was                                                        ing.
                                                                                                conducted for the materials li-
                                                                                                censing program (resulting in
                                                                                                NUREG–1556) and the decom-
                                                                                                missioning program (resulting in
                                                                                                NUREG–1757).
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                                                                                  Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices                                                       13455

                                                          TABLE 1—LLW PROGRAMMATIC ASSESSMENT: SUMMARY OF TASKS EVALUATED BY NRC STAFF—Continued
                                                                                                                                             Current             Previous
                                                                   Task                                     Description                                                               Rationale for change in ranking
                                                                                                                                             ranking             ranking

                                                  10. Coordinate with other agencies          The NRC will coordinate with other         Medium ........      Medium ........       Not applicable, no change in rank-
                                                    on consistency in regulating LAW            government agencies to look at a                                                      ing.
                                                    and determine the impact of LAW             broad range of issues associated
                                                    disposal from radiological dis-             with LAW. The study will con-
                                                    persal devices (RDD).                       sider the divergent stakeholder
                                                                                                comments as part of this pro-
                                                                                                grammatic assessment, lessons
                                                                                                learned from the revoked below
                                                                                                regulatory concern policy state-
                                                                                                ments of the NRC published in
                                                                                                the Federal Register on July 3,
                                                                                                1990 (55 FR 27522), and August
                                                                                                29, 1986 (51 FR 30839), lessons
                                                                                                learned from the Commission’s
                                                                                                2005 disapproval of publication
                                                                                                of a proposed rule (the ‘‘Clear-
                                                                                                ance’’ rule) on radiological cri-
                                                                                                teria for controlling the disposi-
                                                                                                tion of solid materials, learning
                                                                                                from other countries with LAW
                                                                                                disposal, and other factors to
                                                                                                come up with a recommendation
                                                                                                for resolving this issue. This will
                                                                                                include work with other govern-
                                                                                                ment agencies to evaluate the
                                                                                                impact of large quantities of LAW
                                                                                                that would result from cleanup
                                                                                                after an RDD or similar devise is
                                                                                                used in the U.S. and ensure
                                                                                                LAW resulting from such devices
                                                                                                has a disposal pathway. The
                                                                                                NRC would develop a memo-
                                                                                                randum of understanding with
                                                                                                other agencies.
                                                  11. Promulgate rule for disposal of         The NRC would promulgate a rule            Medium ........      Low ..............    The NRC anticipates a higher vol-
                                                    low-activity waste (LAW).                   that would define the conditions                                                      ume of LAW from reactor decom-
                                                                                                under which LAW, including                                                            missioning and material waste.
                                                                                                mixed waste, could be disposed
                                                                                                of in Resource Conservation and
                                                                                                Recovery Act Subtitle C haz-
                                                                                                ardous waste facilities. The NRC
                                                                                                would exempt the materials au-
                                                                                                thorized for disposal.
                                                  12. Develop procedures for Import/          The NRC would develop internal,            Low ..............   High ..............   The NRC does not anticipate a sig-
                                                    Export Review.                              and external guidance related to                                                      nificant number of requests to
                                                                                                the review of applications for li-                                                    export or import radioactive
                                                                                                censes to import or export radio-                                                     waste in the near future. There-
                                                                                                active waste. The internal proce-                                                     fore, due to limited resources,
                                                                                                dure would include the process                                                        this is being assigned a lower
                                                                                                for vetting and resolving complex                                                     priority.
                                                                                                issues as well as a summary of
                                                                                                issues previously resolved. The
                                                                                                external guidance would include
                                                                                                a description of the technical and
                                                                                                regulatory analyses necessary to
                                                                                                respond to the Office of Inter-
                                                                                                national Programs in its proc-
                                                                                                essing of import/export license
                                                                                                applications.
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                                                  13456                           Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices

                                                          TABLE 1—LLW PROGRAMMATIC ASSESSMENT: SUMMARY OF TASKS EVALUATED BY NRC STAFF—Continued
                                                                                                                                             Current             Previous
                                                                   Task                                     Description                                                              Rationale for change in ranking
                                                                                                                                             ranking             ranking

                                                  13. Examine the need for guidance           This task will include determining         Low ..............   Low ..............   Not applicable, no change in rank-
                                                    on defining when radioactive ma-            whether a need exists for the                                                        ing.
                                                    terial becomes LLW.                         NRC to provide guidance to li-
                                                                                                censees on when radioactive
                                                                                                material becomes LLW. Radio-
                                                                                                active material that is LLW can
                                                                                                be subject to measures, such as
                                                                                                storage guidance and/or financial
                                                                                                assurance provisions that differ
                                                                                                from those for radioactive mate-
                                                                                                rials for which this is an intended
                                                                                                use.
                                                  14. Develop and implement the na-           This task will include promulgating        Low ..............   Low ..............   Not applicable, no change in rank-
                                                    tional waste tracking system.               a regulation that would identify                                                     ing.
                                                                                                the data necessary to track the
                                                                                                origin, management, and disposi-
                                                                                                tion of all LLW. Require the pro-
                                                                                                mulgation of a compatible State
                                                                                                regulation by all Agreement
                                                                                                States     with    licensees    that
                                                                                                produce LLW. By these regula-
                                                                                                tions, require that licensees pro-
                                                                                                vide necessary information to
                                                                                                regulatory authorities on a reg-
                                                                                                ular, prescribed basis.



                                                  IV. Specific Requests for Comments                      Board of Directors meeting has been                       INFORMATION CONTACT   section by
                                                    The NRC is requesting comments on                     cancelled.                                                telephone for advice on filing
                                                  the updated prioritized task list as                       Contact Person for Information:                        alternatives.
                                                  presented in section III, Table 1 of this               Information on the hearing cancellation                   FOR FURTHER INFORMATION CONTACT:
                                                  document. In particular, the NRC is                     may be obtained from Connie M. Downs                      David A. Trissell, General Counsel, at
                                                  requesting any views on possible                        at (202) 336–8438, or via email at                        202–789–6820.
                                                  unintended consequences of finalizing                   Connie.Downs@opic.gov.
                                                                                                                                                                    SUPPLEMENTARY INFORMATION:
                                                  the proposed task list and any tasks that                 Dated: March 11, 2015.
                                                  commenters feel the NRC did not                                                                                   Table of Contents
                                                                                                          Connie M. Downs,
                                                  adequately consider.                                    OPIC Corporate Secretary.                                 I. Introduction
                                                    Dated at Rockville, Maryland, this 3rd day                                                                      II. Notice of Commission Action
                                                                                                          [FR Doc. 2015–05965 Filed 3–11–15; 4:15 pm]
                                                  of March, 2015.                                                                                                   III. Ordering Paragraphs
                                                                                                          BILLING CODE 3210–01–P
                                                    For the Nuclear Regulatory Commission.                                                                          I. Introduction
                                                  Andrew Persinko,                                                                                                     In accordance with 39 U.S.C. 3642
                                                  Deputy Director, Division of                            POSTAL REGULATORY COMMISSION                              and 39 CFR 3020.30 et seq., the Postal
                                                  Decommissioning, Uranium Recover and                                                                              Service filed a formal request and
                                                  Waste Programs, Office of Nuclear Material              [Docket Nos. MC2015–35 and CP2015–46;
                                                                                                          Order No. 2386]                                           associated supporting information to
                                                  Safety and Safeguards.
                                                                                                                                                                    add Priority Mail Contract 115 to the
                                                  [FR Doc. 2015–05851 Filed 3–12–15; 8:45 am]
                                                                                                          New Postal Product                                        competitive product list.1
                                                  BILLING CODE 7590–01–P                                                                                               The Postal Service
                                                                                                          AGENCY:   Postal Regulatory Commission.                   contemporaneously filed a redacted
                                                                                                          ACTION:   Notice.                                         contract related to the proposed new
                                                  OVERSEAS PRIVATE INVESTMENT                                                                                       product under 39 U.S.C. 3632(b)(3) and
                                                  CORPORATION                                             SUMMARY:   The Commission is noticing a                   39 CFR 3015.5. Id. Attachment B.
                                                                                                          recent Postal Service filing concerning                      To support its Request, the Postal
                                                  Sunshine Act Cancellation Notice—                       the addition of Priority Mail Contract                    Service filed a copy of the contract, a
                                                  OPIC March 11, 2015 Public Hearing                      115 to the competitive product list. This                 copy of the Governors’ Decision
                                                                                                          notice informs the public of the filing,                  authorizing the product, proposed
                                                    OPIC’s Sunshine Act notice of its                     invites public comment, and takes other
                                                  Public Hearing in Conjunction with                                                                                changes to the Mail Classification
                                                                                                          administrative steps.                                     Schedule, a Statement of Supporting
                                                  each Board meeting was published in
                                                                                                          DATES: Comments are due: March 17,                        Justification, a certification of
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  the Federal Register (Volume 80,
                                                  Number 31, Pages 8368 and 8369) on                      2015.                                                     compliance with 39 U.S.C. 3633(a), and
                                                  February 17, 2015. No requests were                     ADDRESSES:   Submit comments                              an application for non-public treatment
                                                  received to provide testimony or submit                 electronically via the Commission’s
                                                                                                                                                                      1 Request of the United States Postal Service to
                                                  written statements for the record;                      Filing Online system at http://
                                                                                                                                                                    Add Priority Mail Contract 115 to Competitive
                                                  therefore, OPIC’s public hearing                        www.prc.gov. Those who cannot submit                      Product List and Notice of Filing (Under Seal) of
                                                  scheduled for 2 p.m., March 11, 2015 in                 comments electronically should contact                    Unredacted Governors’ Decision, Contract, and
                                                  conjunction with OPIC’s March 19, 2015                  the person identified in the FOR FURTHER                  Supporting Data, March 4, 2015 (Request).



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Document Created: 2015-12-18 11:41:35
Document Modified: 2015-12-18 11:41:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionDraft programmatic assessment results; request for comment.
DatesSubmit comments by April 13, 2015. 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.
ContactStephen Dembek, telephone: 301-415- 2342, email: [email protected]; or Melanie C. Wong, telephone: 301-415-2432, email: [email protected], both are staff of the Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation80 FR 13451 

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