83_FR_6506 83 FR 6475 - Greater-Than-Class C and Transuranic Waste

83 FR 6475 - Greater-Than-Class C and Transuranic Waste

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range6475-6477
FR Document2018-03085

The U.S. Nuclear Regulatory Commission (NRC) is seeking stakeholder participation and involvement in identifying the various technical issues that should be considered in the development of a regulatory basis for the disposal of Greater-than-Class C (GTCC) and transuranic radioactive waste through means other than a deep geologic disposal, including near surface disposal. To assist in this process, the NRC is holding a public meeting and is requesting that stakeholders respond to the questions discussed in Section IV, ``Specific Request for Comments,'' of this document.

Federal Register, Volume 83 Issue 31 (Wednesday, February 14, 2018)
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Proposed Rules]
[Pages 6475-6477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03085]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / 
Proposed Rules

[[Page 6475]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 61

[NRC-2017-0081]
RIN 3150-AK00


Greater-Than-Class C and Transuranic Waste

AGENCY: Nuclear Regulatory Commission.

ACTION: Public meeting; request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is seeking 
stakeholder participation and involvement in identifying the various 
technical issues that should be considered in the development of a 
regulatory basis for the disposal of Greater-than-Class C (GTCC) and 
transuranic radioactive waste through means other than a deep geologic 
disposal, including near surface disposal. To assist in this process, 
the NRC is holding a public meeting and is requesting that stakeholders 
respond to the questions discussed in Section IV, ``Specific Request 
for Comments,'' of this document.

DATES: Submit comments by April 16, 2018. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
only able to ensure consideration of 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0081. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (EST) Federal workdays; 
telephone: 301-415-1677.
    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: Cardelia H. Maupin, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-4127; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0081 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0081.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://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 [email protected].
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2017-0081 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket. If your 
comment contains proprietary or sensitive information, please contact 
the individual listed in the FOR INFORMATION CONTACT section of this 
document to determine the most appropriate method for submitting your 
comment.
    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 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS, and 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 into ADAMS.

II. Discussion

    On December 22, 2015, the Commission, in Staff Requirements 
Memorandum (SRM)-SECY-15-0094, ``Historical and Current Issues Related 
to Disposal of GTCC Low Level Radioactive Waste (LLRW)'' (ADAMS 
Accession No. ML15356A623), directed the NRC staff to develop a 
regulatory basis for disposal of GTCC and transuranic waste through 
means other than a deep geologic disposal, including near surface 
disposal, within six months of the completion of the final rule for 
part 61 of title 10 of the Code of Federal Regulations (10 CFR), ``Low-
Level Radioactive Waste Disposal,'' RIN 3150-AI92; Docket ID NRC-2011-
0012. The Commission also directed the staff to conduct a public 
workshop during the development of the regulatory basis to receive 
input from stakeholders. On

[[Page 6476]]

September 8, 2017, the Commission, in SRM-SECY-16-0106, ``Final Rule: 
Low-Level Radioactive Waste Disposal (10 CFR part 61) (RIN 3150-AI92)'' 
(ADAMS Accession No. ML17251B147), revised its earlier directions 
regarding the development of the GTCC and transuranic waste regulatory 
basis. The Commission directed the staff to develop the regulatory 
basis six months after the publication of the supplemental proposed 
rule for the 10 CFR part 61 rulemaking.
    The NRC staff is in the initial phase of implementing the 
Commission's directions in SRM-SECY-15-0094 and SRM-SECY-16-0106. The 
process of potentially amending the NRC's regulations is very 
thoughtful and deliberative because it can have significant impacts on 
members of the public, States, licensees, and other stakeholders. The 
regulatory basis describes the various scientific, technical, and legal 
issues associated with a potential rulemaking. Therefore, as a part of 
the initial steps in implementing the Commission's directions, the 
staff has planned a public meeting with stakeholders to identify the 
various technical issues that should be considered in the development 
of a regulatory basis for the disposal of GTCC and transuranic waste. 
The staff is also requesting that stakeholders respond to the questions 
discussed in Section IV, ``Specific Request for Comments,'' of this 
notice. When this initial phase is completed, staff plans to develop a 
regulatory basis, which will be provided for public review. Staff plans 
to hold public meetings on the draft regulatory basis as well. After 
which, the staff will develop a final regulatory basis.

III. Background

    The NRC's ``Licensing Requirements for Land Disposal of Radioactive 
Waste'' are provided in 10 CFR part 61. Section 10 CFR 61.2, 
``Definitions,'' provides that waste as used in part 61 means those 
low-level radioactive wastes containing source, special nuclear, or 
byproduct material that are acceptable for disposal in a land disposal 
facility. The definition also indicates that low-level radioactive 
waste means radioactive waste not classified as high-level radioactive 
waste, transuranic waste, spent nuclear fuel, or byproduct material as 
defined in paragraphs (2), (3), and (4) of the definition of byproduct 
material in Sec.  20.1003.
    The Statements of Consideration (SOC) for the 10 CFR part 61 
proposed rule explained that not all waste may be suitable for disposal 
in the near surface. Specifically, Section IV Purpose and Scope of the 
SOC (46 FR 38082; July 24, 1981) indicates that, while 10 CFR part 61 
was intended to deal with the disposal of most LLRW defined by the Low-
Level Radioactive Waste Policy Act, the 10 CFR part 61`waste 
classification system identified some LLRW that are not suitable for 
disposal under its regulatory framework, and alternative methods would 
have to be used.
    In Sec.  61.55, ``Waste classification,'' the NRC developed a 
classification system for waste for near surface disposal, which 
categorizes waste as Class A, B, or C. This provision also describes 
waste that is not generally acceptable for near-surface disposal, whose 
disposal methods must be more stringent than those specified for Class 
C waste. This waste is referred to as GTCC waste.
    The GTCC waste is generated by nuclear power reactors, facilities 
supporting the nuclear fuel cycle, and other facilities and licensees 
outside of the nuclear fuel cycle. This class of wastes include (1) 
plutonium-contaminated nuclear fuel cycle wastes; (2) activated metals; 
(3) sealed sources; and (4) radioisotope product manufacturing wastes 
(i.e., wastes ``occasionally generated as part of manufacture of sealed 
sources, radiopharmaceutical products and other materials used for 
industrial, education, and medical applications'').
    With regards to transuranic waste, as mentioned earlier, 
transuranic waste is not included in the Sec.  61.2 definition of LLRW. 
In a 1988 amendment to the Atomic Energy Act of 1954, as amended, a 
definition for transuranic was added. Transuranic waste \1\ is defined 
as ``material contaminated with elements that have an atomic number 
greater than 92, including neptunium, plutonium, americium, and curium, 
and that are in concentrations greater than 10 nanocuries per gram 
[(nCi/g)], or in such other concentrations as the [U.S.] Nuclear 
Regulatory Commission may prescribe to protect the public health and 
safety.'' Transuranic waste is a byproduct of nuclear research and 
power production and is primarily produced from spent fuel recycling, 
medical isotope production, or nuclear weapons fabrication. The waste 
may consist of rags, tools, and laboratory equipment contaminated with 
organic and inorganic residues.
---------------------------------------------------------------------------

    \1\ Defense waste containing more than 100 nCi of alpha emitting 
transuranic isotopes per gram of waste, with half-lives greater than 
20 years can be disposed of at the Waste Isolation Pilot Plant.
---------------------------------------------------------------------------

    The identification and evaluation of regulatory concerns associated 
with land disposal of GTCC and transuranic waste will largely depend on 
the characteristics of the wastes (e.g., isotopes, concentrations and 
volumes of waste, physical and chemical properties). The variable 
characteristics of the waste can influence the decision regarding the 
appropriate regulatory approach to use for management and disposal of 
these wastes. Overly conservative assumptions for the inventory and 
characteristics could significantly limit disposal options, whereas, 
overly optimistic assumptions with respect to characteristics could 
lead to a disposal facility that may not provide adequate protection of 
public health and safety, and security.

IV. Specific Request for Comment

    The NRC is seeking stakeholder participation and involvement in 
identifying the various technical issues that should be considered in 
the development of a draft regulatory basis for the disposal of GTCC 
and transuranic radioactive waste through means other than a deep 
geologic disposal, including near surface disposal. To assist in this 
process, the NRC staff is requesting that stakeholders respond to the 
questions below. In addition, the NRC staff has conducted some initial 
technical analyses to assist its understanding of potential hazards 
with near surface disposal of GTCC and transuranic wastes, which are 
contained in draft ``NRC Staff Analyses Identifying Potential Issues 
Associated with the Disposal of Greater-Than-Class C Low-Level 
Radioactive Waste,'' (ADAMS Accession No. ML17362A012). The draft 
analyses should assist in providing responses to the following 
questions:
    Question 1: What are the important radionuclides that need to be 
considered for the disposal of the GTCC and transuranic wastes?
    The U.S. Department of Energy has described three broad categories 
of GTCC wastes, including a range of transuranic radionuclides, in its 
``Final Environmental Impact Statement for the Disposal of Greater-
Than-Class C (GTCC) Low-Level Radioactive Waste and GTCC-Like Waste'' 
(http://www.gtcceis.anl.gov/documents/index.cfm). The three categories 
are entitled activated metals, sealed sources, and other wastes. The 
attributes (e.g., radionuclide concentrations, heat generation, and 
waste form) vary significantly between the three categories. Certain 
waste streams represent a very specific waste form (e.g., stainless 
steel for most activated metals; very concentrated amounts in sealed 
sources) that may require specific treatment to mitigate potential 
safety, security and criticality concerns. Some

[[Page 6477]]

waste streams may contain sufficient quantities of specific 
radionuclides that will present a significant thermal output and/or gas 
generation through radiolysis. Still other waste streams may contain a 
significant quantity of fissile radionuclides (e.g., some isotopes of 
uranium and plutonium). The NRC is interested in identifying those 
radionuclides that could be important for evaluating the safety and 
security of: (1) Storage associated with the operational period at a 
disposal facility, and (2) the post-closure period, including 
inadvertent intruder protection. Additionally, the NRC is interested in 
obtaining available data and information to support the characteristics 
of GTCC and transuranic wastes.
    Question 2: How might GTCC and transuranic wastes affect the safety 
and security of a disposal facility during operations (i.e., pre-
closure period)?
    The presence of sufficient quantities of high activity 
radionuclides and/or fissile radionuclides in GTCC and transuranic 
wastes may impact the design and operational activities associated with 
a disposal facility prior to disposal. The NRC is interested in 
identifying those design and operational activities at a disposal 
facility that may be impacted by GTCC and transuranic wastes. For 
example, the requirements in 10 CFR part 73 would require licensees to 
develop safeguards systems to protect against acts of radiological 
sabotage and to prevent the theft or diversion of Special Nuclear 
Material (i.e., transuranic waste such as plutonium, uranium-233, or 
uranium enriched in the isotopes uranium-233 or uranium-235) if a 
sufficient amount of Special Nuclear Material were present above ground 
at the disposal facility.
    Question 3: How might GTCC and transuranic wastes affect disposal 
facility design for post-closure safety including protection of an 
inadvertent intruder?
    The NRC is considering disposal units (e.g., a single trench, 
borehole, and vault) that would contain a single category of waste 
(e.g., sealed sources) as well as disposal units that contain a mixture 
of all three waste types. However, the NRC believes the best approach 
for understanding the issues would be to assume that waste within a 
disposal unit would be separated by the waste category and not be co-
mingled. Such an approach could provide a clear understanding of the 
issues associated with how a specific waste category might affect 
disposal facility design. Certain waste streams associated with GTCC 
and transuranic wastes have larger inventories and concentrations of 
radionuclides than was typically considered at LLRW disposal 
facilities. For example, certain GTCC and transuranic wastes in 
sufficient quantities have the potential for: (1) Significant thermal 
output that could affect degradation processes within a disposal unit, 
and (2) hydrogen gas generation through radiolysis that could also 
affect degradation processes of the waste package and waste form. 
Additionally, waste streams associated with GTCC and transuranic wastes 
may have fissile materials that require facilities to be designed to 
limit the potential for a criticality event or limit the amount of 
fissile material that can be disposed. There is a potential balance 
between security/safety and economic feasibility of design, 
construction, and operation. The NRC would like to hear from the 
stakeholders on these aspects as well. The information provided on 
economic feasibility would be in concert with the NRC's strategies on 
examining the cumulative effects of potential regulatory actions. The 
NRC is interested in identifying the various scenarios that should be 
considered in evaluating the post-closure safety for the disposal of 
GTCC and transuranic wastes especially scenarios associated with 
specific issues and concerns that may not have been previously 
considered for commercial disposal facilities (e.g., synergistic 
effects of the thermal output on geochemical processes affecting 
release of radionuclides).

V. Public Meeting

    To facilitate the understanding of the public and other 
stakeholders of these issues and the submission of comments, the NRC 
staff has scheduled a public meeting for February 22, 2018, from 1:00 
p.m. to 3:00 p.m. (EST) in the NRC Auditorium at 11545 Rockville, Pike, 
Rockville, MD. In addition, those wishing to participate by Webinar 
will be able to view the presentation slides prepared by the NRC and 
electronically submit comments during the meeting. Participants must 
register to participate in the Webinar. Registration information may be 
found in the meeting notice (https://www.nrc.gov/pmns/mtg?do=details&Code=20180033). The meeting notice can also be accessed 
through the NRC's public website under the headings Public Meetings & 
Involvement > Public Meeting Schedule; see web page https://www.nrc.gov/public-involve/publicmeetings/index.cfm.
    Additionally, the final agenda for the public meeting will be 
posted no fewer than 10 days prior to the Webinar at this website. 
Those who are unable to participate in person or via Webinar may also 
participate via teleconference. For details on how to participate via 
teleconference, please contact Sarah Achten; telephone: 301-415-6009; 
email: [email protected].

    Dated at Rockville, Maryland, this day of February 9, 2018.

    For the Nuclear Regulatory Commission.
Gregory F. Suber,
Acting Deputy Director, Division of Decommissioning, Uranium Recovery, 
and Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-03085 Filed 2-13-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                                                                                                                                   6475

                                                 Proposed Rules                                                                                                Federal Register
                                                                                                                                                               Vol. 83, No. 31

                                                                                                                                                               Wednesday, February 14, 2018



                                                 This section of the FEDERAL REGISTER                      • Email comments to:                                White Flint North, 11555 Rockville
                                                 contains notices to the public of the proposed          Rulemaking.Comments@nrc.gov. If you                   Pike, Rockville, Maryland 20852.
                                                 issuance of rules and regulations. The                  do not receive an automatic email reply
                                                 purpose of these notices is to give interested                                                                B. Submitting Comments
                                                                                                         confirming receipt, then contact us at
                                                 persons an opportunity to participate in the            301–415–1677.                                           Please include Docket ID NRC–2017–
                                                 rule making prior to the adoption of the final                                                                0081 in the subject line of your
                                                 rules.                                                    • Fax comments to: Secretary, U.S.
                                                                                                         Nuclear Regulatory Commission at 301–                 comment submission, in order to ensure
                                                                                                         415–1101.                                             that the NRC is able to make your
                                                                                                           • Mail comments to: Secretary, U.S.                 comment submission available to the
                                                 NUCLEAR REGULATORY
                                                                                                         Nuclear Regulatory Commission,                        public in this docket. If your comment
                                                 COMMISSION
                                                                                                         Washington, DC 20555–0001, ATTN:                      contains proprietary or sensitive
                                                 10 CFR Part 61                                          Rulemakings and Adjudications Staff.                  information, please contact the
                                                                                                           • Hand deliver comments to: 11555                   individual listed in the FOR INFORMATION
                                                 [NRC–2017–0081]
                                                                                                         Rockville Pike, Rockville, Maryland                   CONTACT section of this document to
                                                                                                         20852, between 7:30 a.m. and 4:15 p.m.                determine the most appropriate method
                                                 RIN 3150–AK00
                                                                                                         (EST) Federal workdays; telephone:                    for submitting your comment.
                                                                                                                                                                 The NRC cautions you not to include
                                                 Greater-Than-Class C and Transuranic                    301–415–1677.
                                                                                                                                                               identifying or contact information that
                                                 Waste                                                     For additional direction on obtaining
                                                                                                                                                               you do not want to be publicly
                                                                                                         information and submitting comments,
                                                 AGENCY:  Nuclear Regulatory                                                                                   disclosed in your comment submission.
                                                                                                         see ‘‘Obtaining Information and
                                                 Commission.                                                                                                   The NRC will post all comment
                                                                                                         Submitting Comments’’ in the
                                                 ACTION: Public meeting; request for                                                                           submissions at https://
                                                                                                         SUPPLEMENTARY INFORMATION section of
                                                 comment.                                                                                                      www.regulations.gov as well as enter the
                                                                                                         this document.                                        comment submissions into ADAMS,
                                                 SUMMARY:   The U.S. Nuclear Regulatory                  FOR FURTHER INFORMATION CONTACT:                      and the NRC does not routinely edit
                                                 Commission (NRC) is seeking                             Cardelia H. Maupin, Office of Nuclear                 comment submissions to remove
                                                 stakeholder participation and                           Material Safety and Safeguards, U.S.                  identifying or contact information.
                                                 involvement in identifying the various                  Nuclear Regulatory Commission,                          If you are requesting or aggregating
                                                 technical issues that should be                         Washington, DC 20555–0001; telephone:                 comments from other persons for
                                                 considered in the development of a                      301–415–4127; email:                                  submission to the NRC, then you should
                                                 regulatory basis for the disposal of                    Cardelia.Maupin@nrc.gov.                              inform those persons not to include
                                                 Greater-than-Class C (GTCC) and                         SUPPLEMENTARY INFORMATION:                            identifying or contact information that
                                                 transuranic radioactive waste through                                                                         they do not want to be publicly
                                                                                                         I. Obtaining Information and                          disclosed in their comment submission.
                                                 means other than a deep geologic                        Submitting Comments
                                                 disposal, including near surface                                                                              Your request should state that the NRC
                                                 disposal. To assist in this process, the                A. Obtaining Information                              does not routinely edit comment
                                                 NRC is holding a public meeting and is                                                                        submissions to remove such information
                                                                                                            Please refer to Docket ID NRC–2017–                before making the comment
                                                 requesting that stakeholders respond to                 0081 when contacting the NRC about
                                                 the questions discussed in Section IV,                                                                        submissions available to the public or
                                                                                                         the availability of information for this              entering the comment into ADAMS.
                                                 ‘‘Specific Request for Comments,’’ of                   action. You may obtain publicly-
                                                 this document.                                          available information related to this                 II. Discussion
                                                 DATES: Submit comments by April 16,                     action by any of the following methods:                  On December 22, 2015, the
                                                 2018. Comments received after this date                    • Federal Rulemaking Website: Go to                Commission, in Staff Requirements
                                                 will be considered if it is practical to do             https://www.regulations.gov and search                Memorandum (SRM)–SECY–15–0094,
                                                 so, but the NRC is only able to ensure                  for Docket ID NRC–2017–0081.                          ‘‘Historical and Current Issues Related
                                                 consideration of comments received on                      • NRC’s Agencywide Documents                       to Disposal of GTCC Low Level
                                                 or before this date.                                    Access and Management System                          Radioactive Waste (LLRW)’’ (ADAMS
                                                 ADDRESSES: You may submit comments                      (ADAMS): You may obtain publicly-                     Accession No. ML15356A623), directed
                                                 by any of the following methods (unless                 available documents online in the                     the NRC staff to develop a regulatory
                                                 this document describes a different                     ADAMS Public Documents collection at                  basis for disposal of GTCC and
                                                 method for submitting comments on a                     https://www.nrc.gov/reading-rm/                       transuranic waste through means other
                                                 specific subject):                                      adams.html. To begin the search, select               than a deep geologic disposal, including
                                                    • Federal Rulemaking Website: Go to                  ‘‘ADAMS Public Documents’’ and then                   near surface disposal, within six months
                                                 https://www.regulations.gov and search                  select ‘‘Begin Web-based ADAMS                        of the completion of the final rule for
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 for Docket ID NRC–2017–0081. Address                    Search.’’ For problems with ADAMS,                    part 61 of title 10 of the Code of Federal
                                                 questions about NRC dockets to Carol                    please contact the NRC’s Public                       Regulations (10 CFR), ‘‘Low-Level
                                                 Gallagher; telephone: 301–415–3463;                     Document Room (PDR) reference staff at                Radioactive Waste Disposal,’’ RIN 3150–
                                                 email: Carol.Gallagher@nrc.gov. For                     1–800–397–4209, 301–415–4737, or by                   AI92; Docket ID NRC–2011–0012. The
                                                 technical questions contact the                         email to pdr.resource@nrc.gov.                        Commission also directed the staff to
                                                 individual(s) listed in the FOR FURTHER                    • NRC’s PDR: You may examine and                   conduct a public workshop during the
                                                 INFORMATION CONTACT section of this                     purchase copies of public documents at                development of the regulatory basis to
                                                 document.                                               the NRC’s PDR, Room O1–F21, One                       receive input from stakeholders. On


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                                                 6476                Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules

                                                 September 8, 2017, the Commission, in                   Scope of the SOC (46 FR 38082; July 24,               waste will largely depend on the
                                                 SRM–SECY–16–0106, ‘‘Final Rule: Low-                    1981) indicates that, while 10 CFR part               characteristics of the wastes (e.g.,
                                                 Level Radioactive Waste Disposal (10                    61 was intended to deal with the                      isotopes, concentrations and volumes of
                                                 CFR part 61) (RIN 3150–AI92)’’                          disposal of most LLRW defined by the                  waste, physical and chemical
                                                 (ADAMS Accession No. ML17251B147),                      Low-Level Radioactive Waste Policy                    properties). The variable characteristics
                                                 revised its earlier directions regarding                Act, the 10 CFR part 61‘waste                         of the waste can influence the decision
                                                 the development of the GTCC and                         classification system identified some                 regarding the appropriate regulatory
                                                 transuranic waste regulatory basis. The                 LLRW that are not suitable for disposal               approach to use for management and
                                                 Commission directed the staff to                        under its regulatory framework, and                   disposal of these wastes. Overly
                                                 develop the regulatory basis six months                 alternative methods would have to be                  conservative assumptions for the
                                                 after the publication of the                            used.                                                 inventory and characteristics could
                                                 supplemental proposed rule for the 10                      In § 61.55, ‘‘Waste classification,’’ the          significantly limit disposal options,
                                                 CFR part 61 rulemaking.                                 NRC developed a classification system                 whereas, overly optimistic assumptions
                                                    The NRC staff is in the initial phase                for waste for near surface disposal,                  with respect to characteristics could
                                                 of implementing the Commission’s                        which categorizes waste as Class A, B,                lead to a disposal facility that may not
                                                 directions in SRM–SECY–15–0094 and                      or C. This provision also describes                   provide adequate protection of public
                                                 SRM–SECY–16–0106. The process of                        waste that is not generally acceptable for            health and safety, and security.
                                                 potentially amending the NRC’s                          near-surface disposal, whose disposal
                                                 regulations is very thoughtful and                                                                            IV. Specific Request for Comment
                                                                                                         methods must be more stringent than
                                                 deliberative because it can have                        those specified for Class C waste. This                  The NRC is seeking stakeholder
                                                 significant impacts on members of the                   waste is referred to as GTCC waste.                   participation and involvement in
                                                 public, States, licensees, and other                       The GTCC waste is generated by                     identifying the various technical issues
                                                 stakeholders. The regulatory basis                      nuclear power reactors, facilities                    that should be considered in the
                                                 describes the various scientific,                       supporting the nuclear fuel cycle, and                development of a draft regulatory basis
                                                 technical, and legal issues associated                  other facilities and licensees outside of             for the disposal of GTCC and
                                                 with a potential rulemaking. Therefore,                 the nuclear fuel cycle. This class of                 transuranic radioactive waste through
                                                 as a part of the initial steps in                       wastes include (1) plutonium-                         means other than a deep geologic
                                                 implementing the Commission’s                           contaminated nuclear fuel cycle wastes;               disposal, including near surface
                                                 directions, the staff has planned a                     (2) activated metals; (3) sealed sources;             disposal. To assist in this process, the
                                                 public meeting with stakeholders to                     and (4) radioisotope product                          NRC staff is requesting that stakeholders
                                                 identify the various technical issues that              manufacturing wastes (i.e., wastes                    respond to the questions below. In
                                                 should be considered in the                             ‘‘occasionally generated as part of                   addition, the NRC staff has conducted
                                                 development of a regulatory basis for                   manufacture of sealed sources,                        some initial technical analyses to assist
                                                 the disposal of GTCC and transuranic                    radiopharmaceutical products and other                its understanding of potential hazards
                                                 waste. The staff is also requesting that                materials used for industrial, education,             with near surface disposal of GTCC and
                                                 stakeholders respond to the questions                   and medical applications’’).                          transuranic wastes, which are contained
                                                 discussed in Section IV, ‘‘Specific                        With regards to transuranic waste, as              in draft ‘‘NRC Staff Analyses Identifying
                                                 Request for Comments,’’ of this notice.                 mentioned earlier, transuranic waste is               Potential Issues Associated with the
                                                 When this initial phase is completed,                   not included in the § 61.2 definition of              Disposal of Greater-Than-Class C Low-
                                                 staff plans to develop a regulatory basis,              LLRW. In a 1988 amendment to the                      Level Radioactive Waste,’’ (ADAMS
                                                 which will be provided for public                       Atomic Energy Act of 1954, as amended,                Accession No. ML17362A012). The
                                                 review. Staff plans to hold public                                                                            draft analyses should assist in providing
                                                                                                         a definition for transuranic was added.
                                                 meetings on the draft regulatory basis as                                                                     responses to the following questions:
                                                                                                         Transuranic waste 1 is defined as
                                                 well. After which, the staff will develop                                                                        Question 1: What are the important
                                                                                                         ‘‘material contaminated with elements                 radionuclides that need to be
                                                 a final regulatory basis.                               that have an atomic number greater than               considered for the disposal of the GTCC
                                                 III. Background                                         92, including neptunium, plutonium,                   and transuranic wastes?
                                                    The NRC’s ‘‘Licensing Requirements                   americium, and curium, and that are in                   The U.S. Department of Energy has
                                                 for Land Disposal of Radioactive Waste’’                concentrations greater than 10                        described three broad categories of
                                                 are provided in 10 CFR part 61. Section                 nanocuries per gram [(nCi/g)], or in such             GTCC wastes, including a range of
                                                 10 CFR 61.2, ‘‘Definitions,’’ provides                  other concentrations as the [U.S.]                    transuranic radionuclides, in its ‘‘Final
                                                 that waste as used in part 61 means                     Nuclear Regulatory Commission may                     Environmental Impact Statement for the
                                                 those low-level radioactive wastes                      prescribe to protect the public health                Disposal of Greater-Than-Class C
                                                 containing source, special nuclear, or                  and safety.’’ Transuranic waste is a                  (GTCC) Low-Level Radioactive Waste
                                                 byproduct material that are acceptable                  byproduct of nuclear research and                     and GTCC-Like Waste’’ (http://
                                                 for disposal in a land disposal facility.               power production and is primarily                     www.gtcceis.anl.gov/documents/
                                                 The definition also indicates that low-                 produced from spent fuel recycling,                   index.cfm). The three categories are
                                                 level radioactive waste means                           medical isotope production, or nuclear                entitled activated metals, sealed
                                                 radioactive waste not classified as high-               weapons fabrication. The waste may                    sources, and other wastes. The attributes
                                                 level radioactive waste, transuranic                    consist of rags, tools, and laboratory                (e.g., radionuclide concentrations, heat
                                                 waste, spent nuclear fuel, or byproduct                 equipment contaminated with organic                   generation, and waste form) vary
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                                                 material as defined in paragraphs (2),                  and inorganic residues.                               significantly between the three
                                                 (3), and (4) of the definition of                          The identification and evaluation of               categories. Certain waste streams
                                                 byproduct material in § 20.1003.                        regulatory concerns associated with                   represent a very specific waste form
                                                    The Statements of Consideration                      land disposal of GTCC and transuranic                 (e.g., stainless steel for most activated
                                                 (SOC) for the 10 CFR part 61 proposed                     1 Defense waste containing more than 100 nCi of
                                                                                                                                                               metals; very concentrated amounts in
                                                 rule explained that not all waste may be                alpha emitting transuranic isotopes per gram of
                                                                                                                                                               sealed sources) that may require specific
                                                 suitable for disposal in the near surface.              waste, with half-lives greater than 20 years can be   treatment to mitigate potential safety,
                                                 Specifically, Section IV Purpose and                    disposed of at the Waste Isolation Pilot Plant.       security and criticality concerns. Some


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                                                                     Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules                                                 6477

                                                 waste streams may contain sufficient                    concentrations of radionuclides than                  participate in person or via Webinar
                                                 quantities of specific radionuclides that               was typically considered at LLRW                      may also participate via teleconference.
                                                 will present a significant thermal output               disposal facilities. For example, certain             For details on how to participate via
                                                 and/or gas generation through                           GTCC and transuranic wastes in                        teleconference, please contact Sarah
                                                 radiolysis. Still other waste streams may               sufficient quantities have the potential              Achten; telephone: 301–415–6009;
                                                 contain a significant quantity of fissile               for: (1) Significant thermal output that              email: Sarah.Achten@nrc.gov.
                                                 radionuclides (e.g., some isotopes of                   could affect degradation processes                      Dated at Rockville, Maryland, this day of
                                                 uranium and plutonium). The NRC is                      within a disposal unit, and (2) hydrogen              February 9, 2018.
                                                 interested in identifying those                         gas generation through radiolysis that                  For the Nuclear Regulatory Commission.
                                                 radionuclides that could be important                   could also affect degradation processes
                                                                                                                                                               Gregory F. Suber,
                                                 for evaluating the safety and security of:              of the waste package and waste form.
                                                 (1) Storage associated with the                         Additionally, waste streams associated                Acting Deputy Director, Division of
                                                                                                                                                               Decommissioning, Uranium Recovery, and
                                                 operational period at a disposal facility,              with GTCC and transuranic wastes may                  Waste Programs, Office of Nuclear Material
                                                 and (2) the post-closure period,                        have fissile materials that require                   Safety and Safeguards.
                                                 including inadvertent intruder                          facilities to be designed to limit the                [FR Doc. 2018–03085 Filed 2–13–18; 8:45 am]
                                                 protection. Additionally, the NRC is                    potential for a criticality event or limit
                                                                                                                                                               BILLING CODE 7590–01–P
                                                 interested in obtaining available data                  the amount of fissile material that can
                                                 and information to support the                          be disposed. There is a potential balance
                                                 characteristics of GTCC and transuranic                 between security/safety and economic
                                                 wastes.                                                 feasibility of design, construction, and              DEPARTMENT OF TRANSPORTATION
                                                    Question 2: How might GTCC and                       operation. The NRC would like to hear
                                                 transuranic wastes affect the safety and                from the stakeholders on these aspects                Federal Aviation Administration
                                                 security of a disposal facility during                  as well. The information provided on
                                                 operations (i.e., pre-closure period)?                  economic feasibility would be in                      14 CFR Part 39
                                                    The presence of sufficient quantities                concert with the NRC’s strategies on                  [Docket No. FAA–2018–0078; Product
                                                 of high activity radionuclides and/or                   examining the cumulative effects of                   Identifier 2017–NM–107–AD]
                                                 fissile radionuclides in GTCC and                       potential regulatory actions. The NRC is
                                                 transuranic wastes may impact the                                                                             RIN 2120–AA64
                                                                                                         interested in identifying the various
                                                 design and operational activities                       scenarios that should be considered in                Airworthiness Directives; The Boeing
                                                 associated with a disposal facility prior               evaluating the post-closure safety for the            Company Airplanes
                                                 to disposal. The NRC is interested in                   disposal of GTCC and transuranic
                                                 identifying those design and operational                wastes especially scenarios associated                AGENCY: Federal Aviation
                                                 activities at a disposal facility that may              with specific issues and concerns that                Administration (FAA), DOT.
                                                 be impacted by GTCC and transuranic                     may not have been previously                          ACTION: Notice of proposed rulemaking
                                                 wastes. For example, the requirements                   considered for commercial disposal                    (NPRM).
                                                 in 10 CFR part 73 would require                         facilities (e.g., synergistic effects of the
                                                 licensees to develop safeguards systems                 thermal output on geochemical                         SUMMARY:   We propose to supersede
                                                 to protect against acts of radiological                 processes affecting release of                        Airworthiness Directive (AD) 2017–01–
                                                 sabotage and to prevent the theft or                    radionuclides).                                       02, which applies to certain The Boeing
                                                 diversion of Special Nuclear Material                                                                         Company Model 787–8 and 787–9
                                                 (i.e., transuranic waste such as                        V. Public Meeting
                                                                                                                                                               airplanes. AD 2017–01–02 requires an
                                                 plutonium, uranium-233, or uranium                         To facilitate the understanding of the             inspection for discrepant inboard and
                                                 enriched in the isotopes uranium-233 or                 public and other stakeholders of these                outboard trailing edge flap rotary
                                                 uranium-235) if a sufficient amount of                  issues and the submission of comments,                actuators. Since we issued AD 2017–01–
                                                 Special Nuclear Material were present                   the NRC staff has scheduled a public                  02, we have determined that it is
                                                 above ground at the disposal facility.                  meeting for February 22, 2018, from                   necessary to revise the applicability to
                                                    Question 3: How might GTCC and                       1:00 p.m. to 3:00 p.m. (EST) in the NRC               include additional airplanes, and to
                                                 transuranic wastes affect disposal                      Auditorium at 11545 Rockville, Pike,                  reduce the number of affected actuators.
                                                 facility design for post-closure safety                 Rockville, MD. In addition, those                     This proposed AD would continue to
                                                 including protection of an inadvertent                  wishing to participate by Webinar will                require an inspection of the inboard and
                                                 intruder?                                               be able to view the presentation slides               outboard trailing edge flap rotary
                                                    The NRC is considering disposal units                prepared by the NRC and electronically                actuator for any discrepant rotary
                                                 (e.g., a single trench, borehole, and                   submit comments during the meeting.                   actuator, and corrective actions if
                                                 vault) that would contain a single                      Participants must register to participate             necessary. We are proposing this AD to
                                                 category of waste (e.g., sealed sources)                in the Webinar. Registration information              address the unsafe condition on these
                                                 as well as disposal units that contain a                may be found in the meeting notice                    products.
                                                 mixture of all three waste types.                       (https://www.nrc.gov/pmns/mtg?do=
                                                 However, the NRC believes the best                      details&Code=20180033). The meeting                   DATES:  We must receive comments on
                                                 approach for understanding the issues                   notice can also be accessed through the               this proposed AD by April 2, 2018.
                                                 would be to assume that waste within                    NRC’s public website under the                        ADDRESSES: You may send comments,
                                                 a disposal unit would be separated by                   headings Public Meetings &                            using the procedures found in 14 CFR
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                                                 the waste category and not be co-                       Involvement > Public Meeting                          11.43 and 11.45, by any of the following
                                                 mingled. Such an approach could                         Schedule; see web page https://                       methods:
                                                 provide a clear understanding of the                    www.nrc.gov/public-involve/                             • Federal eRulemaking Portal: Go to
                                                 issues associated with how a specific                   publicmeetings/index.cfm.                             http://www.regulations.gov. Follow the
                                                 waste category might affect disposal                       Additionally, the final agenda for the             instructions for submitting comments.
                                                 facility design. Certain waste streams                  public meeting will be posted no fewer                  • Fax: 202–493–2251.
                                                 associated with GTCC and transuranic                    than 10 days prior to the Webinar at this               • Mail: U.S. Department of
                                                 wastes have larger inventories and                      website. Those who are unable to                      Transportation, Docket Operations, M–


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Document Created: 2018-02-14 03:59:36
Document Modified: 2018-02-14 03:59:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionPublic meeting; request for comment.
DatesSubmit comments by April 16, 2018. Comments received after this date will be considered if it is practical to do so, but the NRC is only able to ensure consideration of comments received on or before this date.
ContactCardelia H. Maupin, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-4127; email: [email protected]
FR Citation83 FR 6475 
RIN Number3150-AK00

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