Low-Level Radioactive Waste Disposal Rulemaking and Strategic Assessment of Low-Level Radioactive Waste Regulatory Program, 4102-4104 [2014-01291]

Download as PDF 4102 Proposed Rules Federal Register Vol. 79, No. 16 Friday, January 24, 2014 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. NUCLEAR REGULATORY COMMISSION 10 CFR Part 61 [NRC–2011–0012] RIN 3150–AI92 Low-Level Radioactive Waste Disposal Rulemaking and Strategic Assessment of Low-Level Radioactive Waste Regulatory Program Nuclear Regulatory Commission. ACTION: Public workshop. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) plans to conduct a public workshop to discuss proposed revisions to its Low-Level Radioactive Waste (LLRW) disposal regulations and gather information on an update to the NRC’s 2007 Strategic Assessment of the LLRW regulatory program from stakeholders and other interested members of the public. The staff is also seeking comments on developments that would affect the LLRW regulatory program in the next 5–7 years, including changes to the national landscape in the LLRW area that would affect licensees and sited States in the context of safety, security, and the protection of the environment. The NRC will accept written comments at the public workshop and welcomes active participation from those attending. DATES: The public workshop will be held on March 7, 2014, from 8:00 a.m. to 1:00 p.m. (registration begins at 7:30 a.m.) in Phoenix, Arizona. ADDRESSES: Please refer to Docket ID NRC–2011–0012 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this action by the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2011–0012. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For TKELLEY on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:17 Jan 23, 2014 Jkt 232001 technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the NRC Library at https://www.nrc.gov/readingrm/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 ADAMS accession number for each document referenced in this notice (if that document is available in ADAMS) is provided the first time that a document is referenced. • 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. The public workshop will be held at the Renaissance Phoenix Downtown Hotel, 50 East Adams Street, Phoenix, Arizona 85004. The phone number for the hotel is 1–602–333–0000. The public workshop will be held immediately following the 2014 Waste Management Conference. FOR FURTHER INFORMATION CONTACT: Melanie C. Wong, telephone: 301–415– 2432, email: Melanie.Wong@nrc.gov, or Tarsha Moon, telephone: 301–415–6745; email: Tarsha.Moon@nrc.gov. Both of the Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. I. Background Revisions to LLRW Disposal Regulations The Commission’s licensing requirements for the disposal of LLRW in near-surface [the uppermost 30 meters (100 feet)] facilities reside in part 61 of Title 10 of the Code of Federal Regulations (10 CFR), ‘‘Licensing Requirements for Land Disposal of Radioactive Waste.’’ These regulations were published in the Federal Register on December 27, 1982 (47 FR 57446). The regulations emphasize an integrated systems approach to the disposal of commercial LLRW, including site selection, disposal facility design and PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 operation, minimum waste form requirements, and disposal facility closure. To lessen reliance on institutional controls, 10 CFR Part 61 emphasizes passive rather than active systems to limit and retard releases to the environment. Development of the 10 CFR Part 61 regulations in the early 1980s was based on several assumptions as to the types of wastes likely to go into a commercial LLRW disposal facility. To better understand what the likely inventory of wastes available for disposal might be, the NRC conducted a survey of existing LLRW generators. The survey, documented in Chapter 3 of NUREG– 0782, ‘‘Draft Environmental Impact Statement [DEIS] on 10 CFR Part 61 Licensing Requirements for Land Disposal of Radioactive Waste’’ (ADAMS Accession No. ML052590347), revealed that there were 37 distinct commercial waste streams consisting of 25 radionuclides of potential regulatory interest. The specific waste streams in question were representative of the types of commercial LLRW being generated at the time. Waste streams associated with the U.S. Department of Energy’s (DOE’s) nuclear defense complex were not considered as part of the survey, since disposal of those wastes, at that time, was to be conducted at the DOE-operated sites. Over the last several years, there have been a number of developments that have called into question some of the key assumptions made in connection with the earlier 10 CFR Part 61 survey, including: • The emergence of potential LLRW streams that were not considered in the original 10 CFR Part 61 rulemaking, including large quantities of Depleted Uranium (DU), and possibly incidental wastes associated with the commercial reprocessing of spent nuclear fuel; • The DOE’s increasing use of commercial facilities for the disposal of defense-related LLRW streams; and • Extensive international operational experience in the management of LLRW and intermediate-level radioactive wastes that did not exist at the time 10 CFR Part 61 was promulgated. In its March 18, 2009, Staff Requirements Memorandum (SRM) SRM–SECY–08–0147,1 ‘‘Response to 1 See https://www.nrc.gov/reading-rm/doccollections/commission/srm/2008/20080147srm.pdf. E:\FR\FM\24JAP1.SGM 24JAP1 TKELLEY on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 16 / Friday, January 24, 2014 / Proposed Rules Commission Order CLI–05–20 Regarding Depleted Uranium’’ (ADAMS Accession No. ML090770988), the Commission directed the NRC staff to proceed with a rulemaking to amend 10 CFR Part 61 to specify a requirement for a site-specific analysis for the disposal of large quantities of DU including the technical requirements for such an analysis, and to develop a guidance document that outlines the parameters and assumptions to be used in conducting such site-specific analyses. In a second SRM, SRM–SECY–10– 0043,2 ‘‘Blending of Low-Level Radioactive Waste’’ (ADAMS Accession No. ML102861764), the Commission directed the staff to include blended LLRW streams as part of this rulemaking initiative. Following the solicitation of early public input on June 24, 2009 (74 FR 30175), the NRC staff developed a regulatory basis document to support a proposed rule (ADAMS Accession No. ML111040419), shared it with the NRC Agreement States, and developed a proposed rulemaking package. In an SRM, dated January 19, 2012,3 SRM– COMWDM–11–0002/COMGEA–11–002, ‘‘Revision to 10 CFR Part 61’’ (ADAMS Accession No. ML120190360), the Commission provided additional direction to the NRC staff concerning this particular rulemaking. Specifically, the Commission directed the NRC staff to amend the existing draft proposed rulemaking package to include the following: • Allowing licensees the flexibility to use International Commission on Radiological Protection (ICRP) dose methodologies in a site-specific performance assessment for the disposal of all radioactive waste. • Developing a two-tiered approach that establishes a compliance period that covers the reasonably foreseeable future and a longer period of performance that is not a priori and is established to evaluate the performance of the site over longer timeframes. The period of performance is developed based on the candidate site characteristics (waste package, waste form, disposal technology, cover technology, and geo-hydrology) and the peak dose to a designated receptor. • Adding flexibility for disposal facilities to establish site-specific waste acceptance criteria based on the results of the site’s performance assessment and intruder assessment. 2 See https://www.nrc.gov/reading-rm/doccollections/commission/srm/2010/20100043srm.pdf. 3 See https://www.nrc.gov/reading-rm/doccollections/commission/comm-secy/2011/20110002comgeawdm-srm.pdf. VerDate Mar<15>2010 16:17 Jan 23, 2014 Jkt 232001 • Establishing a compatibility category for the elements of the revised rule that establish the requirements for site-specific performance assessments and the development of the site-specific waste acceptance criteria that ensures alignment between the States and Federal Government on safety fundamentals, while providing the States with the flexibility to determine how to implement these safety requirements. On July 18, 2013, the NRC staff submitted a revised draft proposed rule and guidance for Commission review and approval, SECY–13–0075, ‘‘Proposed Rule: Low-Level Radioactive Waste Disposal (10 CFR Part 61) (RIN 3150–A192)’’ (ADAMS Accession No. ML13129A268). The draft proposed rule would update the existing technical analysis requirements for protection of the general population (i.e., performance assessment); add a new site-specific technical analysis for the protection of inadvertent intruders (i.e., intruder assessment); add a new analysis for certain long-lived LLRW; and revise the technical analyses required at closure. The draft proposed rule would also add a new requirement to develop criteria for the acceptance of LLRW for disposal based on either the results of these technical analyses or on the existing LLRW classification requirements. This would facilitate consideration of whether a particular disposal site is suitable for future disposal of DU, blended LLRW, or any other previously unanalyzed LLRW stream. Additionally, the draft proposed rule would facilitate implementation and better align the requirements with current health and safety standards. Update to the 2007 Strategic Assessment of the LLRW Regulatory Program In 2007, due to developments in the national program for LLRW disposal, as well as changes in the regulatory environment, the NRC’s LLRW 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) need for greater flexibility and reliability in LLRW disposal options; (2) increased storage of Class B and Class C LLRW because of the potential closing of the Barnwell, South Carolina disposal facility to outof-compact waste generators; (3) the potential need to dispose of large quantities of power plant decommissioning waste, as well as DU from enrichment facilities; (4) increased safety concerns; (5) need for greater PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 4103 LLRW program resources than were available; (6) increased security concerns related to storing LLRW in general and sealed radioactive sources in particular; and (7) 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 LLRW regulatory program. Based on extensive stakeholder input during meetings, the NRC staff received a variety of activities to be included in the Strategic Assessment and evaluated them based on the overall strategic objectives for ensuring safety, and security, and other factors. From these solicited activities, the NRC staff developed a list of 20 activities responsive to identified programmatic needs. These activities were assigned priorities of high, medium, or low and ranged from narrowly focused activities such as updating LLRW storage guidance to broader activities such as suggesting legislative changes to Congress to improve the national LLRW program. The NRC staff published the Strategic Assessment in late 2007 4 in SECY–07– 0180, ‘‘Strategic Assessment of LowLevel Radioactive Waste Regulatory Program’’ (ADAMS Accession No. ML071350299). The Strategic Assessment identified and prioritized the NRC staff’s activities to ensure that the LLW program continued to: (1) Ensure safe and secure LLRW disposal; (2) improve the effectiveness, efficiency, and adaptability of the NRC’s LLRW regulatory program; and (3) ensure regulatory stability and predictability, while allowing flexibility in disposal options. Since 2007, the NRC staff has completed several high priority activities identified in the 2007 Strategic Assessment, including updating guidance for LLRW storage, evaluating the disposal of DU and the measures needed to ensure its safe disposal, and developing a procedure for the review of low-activity waste disposal in Resource Conservation and Recovery Act (RCRA) facilities not licensed by the NRC. In addition, the NRC staff continues to work on the revisions to 10 CFR part 61 and the 1995 Concentration Averaging and Encapsulation Branch Technical Position. After 6 years, much progress has been made in completing several activities 4 See https://www.nrc.gov/reading-rm/doccollections/commission/secys/2007/secy2007-0180/ 2007-0180scy.pdf. E:\FR\FM\24JAP1.SGM 24JAP1 4104 Federal Register / Vol. 79, No. 16 / Friday, January 24, 2014 / Proposed Rules identified in the 2007 Strategic Assessment as described above. In addition, the national LLRW program continues to evolve. To set the direction for the NRC’s LLRW regulatory program in the next several years, the NRC staff will begin developing a new Strategic Assessment of the NRC’s LLRW program. The new assessment will provide opportunities for stakeholder engagement. TKELLEY on DSK3SPTVN1PROD with PROPOSALS II. NRC Public Workshop The purpose of this public workshop is to discuss the status of an on-going rulemaking effort to revise 10 CFR part 61 and gather information on the update to the 2007 Strategic Assessment of the NRC’s LLRW regulatory program from interested members of the public. This overall approach is consistent with the NRC’s openness policy. The March 7, 2014, public workshop will be organized into two parts. In the first part, the NRC staff will discuss the status of the proposed revisions to 10 CFR part 61. In the second part, a panel of invited experts will discuss developments that would affect the LLRW regulatory program in the next 5– 7 years, including changes to the national landscape in the LLRW area that would affect licensees and sited States in the context of safety, security, and the protection of the environment. Following each of the two parts of the workshop, interested members of the public will have an opportunity to pose questions and comment. Pre-registration for this workshop is not necessary. Members of the public choosing to participate in this workshop remotely can do so in one of two ways— online by webinar or via a telephone (audio) connection. This audio is the bridge line ID: 1–800–779–7381, passcode: 8375324. For those interested members of the public that wish to attend the workshop remotely by Webinar, the Webinar workshop registration link can be found at: https://www1.gotomeeting.com/ register/482915697. The Webinar ID is 482–915–697. After registering, instructions for joining the Webinar (including a teleconference number and pass code) will be provided via email. All participants will be in ‘‘listen-only’’ mode during the presentation. Participants will have a chance to pose questions either orally after the presentation or in writing during the Webinar. To receive a call back, provide your phone number when you join the workshop, or call the following number and enter the access code: VerDate Mar<15>2010 16:17 Jan 23, 2014 Jkt 232001 Call-in toll-free number (US/Canada): 1–800–779–7381. The access code is 8375324. The agenda for the public workshop will be noticed no fewer than 10 days prior to the workshop on the NRC’s Public Meeting Schedule Web site at https://www.nrc.gov/public-involve/ public-meetings/index.cfm. Questions about participation in the public workshop should be directed to the point of contact listed in the FOR FURTHER INFORMATION CONTACT section of this document. Dated at Rockville, Maryland this 14th day of January 2014. For the Nuclear Regulatory Commission. Aby Mohseni, Deputy Director, Environmental Protection and Performance Assessment Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. 2014–01291 Filed 1–23–14; 8:45 am] BILLING CODE 7590–01–P COMMODITY FUTURES TRADING COMMISSION 17 CFR Chapter I RIN 3038–AD52 Concept Release on Risk Controls and System Safeguards for Automated Trading Environments Commodity Futures Trading Commission. ACTION: Reopening of comment period. AGENCY: On September 12, 2013, the Commodity Futures Trading Commission (‘‘Commission’’) published in the Federal Register a Concept Release on Risk Controls and System Safeguards for Automated Trading Environments (‘‘Concept Release’’). The Concept Release addresses the evolution from human-centered to automated trading environments and seeks comment on a series of pre-trade risk controls, post-trade measures, system safeguards and other protections applicable to trading platforms and other categories of market participants. Its original comment period closed on December 11, 2013. For the reasons set forth below, the Commission is reopening the comment period for the Concept Release beginning on January 21, 2014. Interested parties may submit comments on or before February 14, 2014. SUMMARY: The comment period for the Concept Release published September 12, 2013 (78 FR 56542) is reopened as DATES: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 of January 21, 2014, and extended until February 14, 2014. ADDRESSES: You may submit comments, identified by RIN 3038–AD52, by any of the following methods: • CFTC Web site, via Comments Online: https://comments.cftc.gov. Follow the instructions for submitting comments through the Web site. • Mail: Melissa D. Jurgens, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581. • Hand Delivery/Courier: Same as ‘‘mail,’’ above. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Please submit comments by only one method. All comments should be submitted in English or accompanied by an English translation. Comments will be posted as received to https:// www.cftc.gov. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that may be exempt from disclosure under the Freedom of Information Act (‘‘FOIA’’), a petition for confidential treatment of the exempt information may be submitted according to the procedures established in 17 CFR 145.9. The Commission reserves the right, but shall have no obligation, to review, prescreen, filter, redact, refuse, or remove any or all of your submission from https://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the rulemaking will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under FOIA. FOR FURTHER INFORMATION CONTACT: Sebastian Pujol Schott, Associate Director, Division of Market Oversight, sps@cftc.gov or 202–418–5641; Marilee Dahlman, Special Counsel, Division of Market Oversight, mdahlman@cftc.gov or 202–418–5264. SUPPLEMENTARY INFORMATION: On September 12, 2013, the Commission published in the Federal Register (78 FR 56542) the Concept Release on Risk Controls and System Safeguards for Automated Trading Environments. The Concept Release provides an overview of the transition from human-centered to automated trading environments, reviews the Commission’s regulatory response to date and existing industry practices, and describes a series of pre- E:\FR\FM\24JAP1.SGM 24JAP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Proposed Rules]
[Pages 4102-4104]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01291]


========================================================================
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. 79, No. 16 / Friday, January 24, 2014 / 
Proposed Rules

[[Page 4102]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 61

[NRC-2011-0012]
RIN 3150-AI92


Low-Level Radioactive Waste Disposal Rulemaking and Strategic 
Assessment of Low-Level Radioactive Waste Regulatory Program

AGENCY: Nuclear Regulatory Commission.

ACTION: Public workshop.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) plans to conduct 
a public workshop to discuss proposed revisions to its Low-Level 
Radioactive Waste (LLRW) disposal regulations and gather information on 
an update to the NRC's 2007 Strategic Assessment of the LLRW regulatory 
program from stakeholders and other interested members of the public. 
The staff is also seeking comments on developments that would affect 
the LLRW regulatory program in the next 5-7 years, including changes to 
the national landscape in the LLRW area that would affect licensees and 
sited States in the context of safety, security, and the protection of 
the environment. The NRC will accept written comments at the public 
workshop and welcomes active participation from those attending.

DATES: The public workshop will be held on March 7, 2014, from 8:00 
a.m. to 1:00 p.m. (registration begins at 7:30 a.m.) in Phoenix, 
Arizona.

ADDRESSES: Please refer to Docket ID NRC-2011-0012 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2011-0012. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library 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 pdr.resource@nrc.gov. The ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     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.
    The public workshop will be held at the Renaissance Phoenix 
Downtown Hotel, 50 East Adams Street, Phoenix, Arizona 85004. The phone 
number for the hotel is 1-602-333-0000. The public workshop will be 
held immediately following the 2014 Waste Management Conference.

FOR FURTHER INFORMATION CONTACT: Melanie C. Wong, telephone: 301-415-
2432, email: Melanie.Wong@nrc.gov, or Tarsha Moon, telephone: 301-415-
6745; email: Tarsha.Moon@nrc.gov. Both of the Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.

I. Background

Revisions to LLRW Disposal Regulations

    The Commission's licensing requirements for the disposal of LLRW in 
near-surface [the uppermost 30 meters (100 feet)] facilities reside in 
part 61 of Title 10 of the Code of Federal Regulations (10 CFR), 
``Licensing Requirements for Land Disposal of Radioactive Waste.'' 
These regulations were published in the Federal Register on December 
27, 1982 (47 FR 57446). The regulations emphasize an integrated systems 
approach to the disposal of commercial LLRW, including site selection, 
disposal facility design and operation, minimum waste form 
requirements, and disposal facility closure. To lessen reliance on 
institutional controls, 10 CFR Part 61 emphasizes passive rather than 
active systems to limit and retard releases to the environment.
    Development of the 10 CFR Part 61 regulations in the early 1980s 
was based on several assumptions as to the types of wastes likely to go 
into a commercial LLRW disposal facility. To better understand what the 
likely inventory of wastes available for disposal might be, the NRC 
conducted a survey of existing LLRW generators. The survey, documented 
in Chapter 3 of NUREG-0782, ``Draft Environmental Impact Statement 
[DEIS] on 10 CFR Part 61 Licensing Requirements for Land Disposal of 
Radioactive Waste'' (ADAMS Accession No. ML052590347), revealed that 
there were 37 distinct commercial waste streams consisting of 25 
radionuclides of potential regulatory interest. The specific waste 
streams in question were representative of the types of commercial LLRW 
being generated at the time. Waste streams associated with the U.S. 
Department of Energy's (DOE's) nuclear defense complex were not 
considered as part of the survey, since disposal of those wastes, at 
that time, was to be conducted at the DOE-operated sites. Over the last 
several years, there have been a number of developments that have 
called into question some of the key assumptions made in connection 
with the earlier 10 CFR Part 61 survey, including:
     The emergence of potential LLRW streams that were not 
considered in the original 10 CFR Part 61 rulemaking, including large 
quantities of Depleted Uranium (DU), and possibly incidental wastes 
associated with the commercial reprocessing of spent nuclear fuel;
     The DOE's increasing use of commercial facilities for the 
disposal of defense-related LLRW streams; and
     Extensive international operational experience in the 
management of LLRW and intermediate-level radioactive wastes that did 
not exist at the time 10 CFR Part 61 was promulgated.
    In its March 18, 2009, Staff Requirements Memorandum (SRM) SRM-
SECY-08-0147,\1\ ``Response to

[[Page 4103]]

Commission Order CLI-05-20 Regarding Depleted Uranium'' (ADAMS 
Accession No. ML090770988), the Commission directed the NRC staff to 
proceed with a rulemaking to amend 10 CFR Part 61 to specify a 
requirement for a site-specific analysis for the disposal of large 
quantities of DU including the technical requirements for such an 
analysis, and to develop a guidance document that outlines the 
parameters and assumptions to be used in conducting such site-specific 
analyses. In a second SRM, SRM-SECY-10-0043,\2\ ``Blending of Low-Level 
Radioactive Waste'' (ADAMS Accession No. ML102861764), the Commission 
directed the staff to include blended LLRW streams as part of this 
rulemaking initiative. Following the solicitation of early public input 
on June 24, 2009 (74 FR 30175), the NRC staff developed a regulatory 
basis document to support a proposed rule (ADAMS Accession No. 
ML111040419), shared it with the NRC Agreement States, and developed a 
proposed rulemaking package. In an SRM, dated January 19, 2012,\3\ SRM-
COMWDM-11-0002/COMGEA-11-002, ``Revision to 10 CFR Part 61'' (ADAMS 
Accession No. ML120190360), the Commission provided additional 
direction to the NRC staff concerning this particular rulemaking. 
Specifically, the Commission directed the NRC staff to amend the 
existing draft proposed rulemaking package to include the following:
---------------------------------------------------------------------------

    \1\ See https://www.nrc.gov/reading-rm/doc-collections/commission/srm/2008/2008-0147srm.pdf.
    \2\ See https://www.nrc.gov/reading-rm/doc-collections/commission/srm/2010/2010-0043srm.pdf.
    \3\ See https://www.nrc.gov/reading-rm/doc-collections/commission/comm-secy/2011/2011-0002comgeawdm-srm.pdf.
---------------------------------------------------------------------------

     Allowing licensees the flexibility to use International 
Commission on Radiological Protection (ICRP) dose methodologies in a 
site-specific performance assessment for the disposal of all 
radioactive waste.
     Developing a two-tiered approach that establishes a 
compliance period that covers the reasonably foreseeable future and a 
longer period of performance that is not a priori and is established to 
evaluate the performance of the site over longer timeframes. The period 
of performance is developed based on the candidate site characteristics 
(waste package, waste form, disposal technology, cover technology, and 
geo-hydrology) and the peak dose to a designated receptor.
     Adding flexibility for disposal facilities to establish 
site-specific waste acceptance criteria based on the results of the 
site's performance assessment and intruder assessment.
     Establishing a compatibility category for the elements of 
the revised rule that establish the requirements for site-specific 
performance assessments and the development of the site-specific waste 
acceptance criteria that ensures alignment between the States and 
Federal Government on safety fundamentals, while providing the States 
with the flexibility to determine how to implement these safety 
requirements.
    On July 18, 2013, the NRC staff submitted a revised draft proposed 
rule and guidance for Commission review and approval, SECY-13-0075, 
``Proposed Rule: Low-Level Radioactive Waste Disposal (10 CFR Part 61) 
(RIN 3150-A192)'' (ADAMS Accession No. ML13129A268). The draft proposed 
rule would update the existing technical analysis requirements for 
protection of the general population (i.e., performance assessment); 
add a new site-specific technical analysis for the protection of 
inadvertent intruders (i.e., intruder assessment); add a new analysis 
for certain long-lived LLRW; and revise the technical analyses required 
at closure.
    The draft proposed rule would also add a new requirement to develop 
criteria for the acceptance of LLRW for disposal based on either the 
results of these technical analyses or on the existing LLRW 
classification requirements. This would facilitate consideration of 
whether a particular disposal site is suitable for future disposal of 
DU, blended LLRW, or any other previously unanalyzed LLRW stream. 
Additionally, the draft proposed rule would facilitate implementation 
and better align the requirements with current health and safety 
standards.

Update to the 2007 Strategic Assessment of the LLRW Regulatory Program

    In 2007, due to developments in the national program for LLRW 
disposal, as well as changes in the regulatory environment, the NRC's 
LLRW 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) need for greater 
flexibility and reliability in LLRW disposal options; (2) increased 
storage of Class B and Class C LLRW 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 DU from enrichment 
facilities; (4) increased safety concerns; (5) need for greater LLRW 
program resources than were available; (6) increased security concerns 
related to storing LLRW in general and sealed radioactive sources in 
particular; and (7) 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 LLRW regulatory program. Based on 
extensive stakeholder input during meetings, the NRC staff received a 
variety of activities to be included in the Strategic Assessment and 
evaluated them based on the overall strategic objectives for ensuring 
safety, and security, and other factors. From these solicited 
activities, the NRC staff developed a list of 20 activities responsive 
to identified programmatic needs. These activities were assigned 
priorities of high, medium, or low and ranged from narrowly focused 
activities such as updating LLRW storage guidance to broader activities 
such as suggesting legislative changes to Congress to improve the 
national LLRW program.
    The NRC staff published the Strategic Assessment in late 2007 \4\ 
in SECY-07-0180, ``Strategic Assessment of Low-Level Radioactive Waste 
Regulatory Program'' (ADAMS Accession No. ML071350299). The Strategic 
Assessment identified and prioritized the NRC staff's activities to 
ensure that the LLW program continued to: (1) Ensure safe and secure 
LLRW disposal; (2) improve the effectiveness, efficiency, and 
adaptability of the NRC's LLRW regulatory program; and (3) ensure 
regulatory stability and predictability, while allowing flexibility in 
disposal options.
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    \4\ See https://www.nrc.gov/reading-rm/doc-collections/commission/secys/2007/secy2007-0180/2007-0180scy.pdf.
---------------------------------------------------------------------------

    Since 2007, the NRC staff has completed several high priority 
activities identified in the 2007 Strategic Assessment, including 
updating guidance for LLRW storage, evaluating the disposal of DU and 
the measures needed to ensure its safe disposal, and developing a 
procedure for the review of low-activity waste disposal in Resource 
Conservation and Recovery Act (RCRA) facilities not licensed by the 
NRC. In addition, the NRC staff continues to work on the revisions to 
10 CFR part 61 and the 1995 Concentration Averaging and Encapsulation 
Branch Technical Position.
    After 6 years, much progress has been made in completing several 
activities

[[Page 4104]]

identified in the 2007 Strategic Assessment as described above. In 
addition, the national LLRW program continues to evolve. To set the 
direction for the NRC's LLRW regulatory program in the next several 
years, the NRC staff will begin developing a new Strategic Assessment 
of the NRC's LLRW program. The new assessment will provide 
opportunities for stakeholder engagement.

II. NRC Public Workshop

    The purpose of this public workshop is to discuss the status of an 
on-going rulemaking effort to revise 10 CFR part 61 and gather 
information on the update to the 2007 Strategic Assessment of the NRC's 
LLRW regulatory program from interested members of the public. This 
overall approach is consistent with the NRC's openness policy. The 
March 7, 2014, public workshop will be organized into two parts. In the 
first part, the NRC staff will discuss the status of the proposed 
revisions to 10 CFR part 61. In the second part, a panel of invited 
experts will discuss developments that would affect the LLRW regulatory 
program in the next 5-7 years, including changes to the national 
landscape in the LLRW area that would affect licensees and sited States 
in the context of safety, security, and the protection of the 
environment.
    Following each of the two parts of the workshop, interested members 
of the public will have an opportunity to pose questions and comment.
    Pre-registration for this workshop is not necessary. Members of the 
public choosing to participate in this workshop remotely can do so in 
one of two ways-- online by webinar or via a telephone (audio) 
connection. This audio is the bridge line ID: 1-800-779-7381, passcode: 
8375324.
    For those interested members of the public that wish to attend the 
workshop remotely by Webinar, the Webinar workshop registration link 
can be found at: https://www1.gotomeeting.com/register/482915697. The 
Webinar ID is 482-915-697. After registering, instructions for joining 
the Webinar (including a teleconference number and pass code) will be 
provided via email. All participants will be in ``listen-only'' mode 
during the presentation. Participants will have a chance to pose 
questions either orally after the presentation or in writing during the 
Webinar.
    To receive a call back, provide your phone number when you join the 
workshop, or call the following number and enter the access code:
    Call-in toll-free number (US/Canada): 1-800-779-7381. The access 
code is 8375324.
    The agenda for the public workshop will be noticed no fewer than 10 
days prior to the workshop on the NRC's Public Meeting Schedule Web 
site at https://www.nrc.gov/public-involve/public-meetings/index.cfm.
    Questions about participation in the public workshop should be 
directed to the point of contact listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.

    Dated at Rockville, Maryland this 14th day of January 2014. For 
the Nuclear Regulatory Commission.
Aby Mohseni,
Deputy Director, Environmental Protection and Performance Assessment 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. 2014-01291 Filed 1-23-14; 8:45 am]
BILLING CODE 7590-01-P

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