Regulated under the Atomic Energy Act ◦ Low concentrations of source, byproduct and special nuclear material ◦ Accelerator produced material ◦ Generally exempted materials, products & devices (e.g. smoke detectors, luminous dials, etc.) Not Regulated under the Atomic Energy Act ◦ Naturally occurring radioactive material (NORM) except radium & certain other discrete sources ◦ Technologically-enhanced NORM (TENORM) ◦ Pre-UMTRCA uranium and thorium ore processing waste (FUSRAP) Waste Specific: NRC Decommissioning Plan approval NRC General Exemption NRC/Agreement State license condition/amendment NRC/Agreement State approval letter NRC/Agreement State specific exemption* Disposal Facility-Specific: State law or regulation RCRA permit condition/amendment *Policy Note: A 10 CFR 20.2002 alternate disposal authorization is not an exemption. However, NRC policy is to issue an exemption concurrently. Select RCRA Subtitle-C Sites are viable options for LARW Characteristics similar to Part 61 LLRW sites (‘hybrid’ sites) ◦ ◦ ◦ ◦ Remote location with limited population Meet performance assessment criteria Desert environment with low annual rainfall Deep depth to groundwater Not all RCRA sites meet these criteria RCRA Hazardous Waste Cell Design Site-specific radiological performance assessment (RESRAD) Operating Procedures Emergency Response Plan Rad Training, Occupational Monitoring, and Personnel Dosimetry Environmental Monitoring Closure/Post-closure Financial Assurance “Hybrid” RCRA Site: Grand View, ID (US Ecology) • Avg 700,000 tons disposed over last 5 years • • • ~50% radioactive material Majority FUSRAP & EPA CERCLA waste NRC/AS exempt waste volumes increasing Generator Requests Alternate Disposal Authorization & Exemption NRC/AS Conducts Technical Review Rejects NRC/AS Approves USE Submits Safety Assessment to ID Requests More Info IDEQ Reviews Concurs Rejects General: NORM up to 1,500 pCi/g Source material <0.05% by weight Accelerator produced material <10 mrem/hr Generally exempt items & devices With Specific Exemption: Source, Byproduct & SNM <3,000 pCi/g, and NRC/Agreement State exemption based on “less than a few millirem” projected dose per Safety Analysis Andrews, TX Site Robstown, TX Site • • • • • • All NORM isotopes except radium <150 pCi/gm or less Radium <30 pCi/g Uranium & thorium <0.05% by weight Exempt byproduct material with state approval Specific Licensed Material: “300-day rule” Mixed hazardous & radioactive material acceptable * Applies to both Andrews (WCS) & Robstown (US Ecology) sites Permittee evaluates waste per TAC • • • • • Requests information Rejects Submits concurrence request to TCEQ: Reference applicable exemption rule Physical description- composition, weight, etc. Isotope concentrations Generator & waste location Must be exempt in state of origin TCEQ Reviews TCEQ Issues Written Concurrence For Disposal Rejects Safety Light Corporation, Bloomsburg PA NRC/PADEP licensed, EPA Superfund Site Cleanup conducted by USACE ~1,600 cy of soil & debris 50 pCi/g 137Cs, 180 pCi/g 90Sr, 50 pCi/g 226Ra PADEP exemption granted in Nov 2008 Shipments made via IMC to ID RCRA Site BASF (Former Englehard Chemical Co.), Plainville, MA Formerly licensed by AEA (term. in 1963) 123 tons of Natural, Depleted, and Low Enriched Uranium (~4%) Approval letter granted by MDPH (Feb 2010) Idaho concurrence Disposed at Idaho RCRA site PG&E, Humboldt Bay NPP Undergoing decommissioning ~200,000 ft3 of soil & debris from Units 1&2 5 pCi/g 137Cs, 5 pCi/g 60Co, 1 pCi/g 14C, more NRC issued EA with FONSI and exemption in Nov 2010 Shipments ongoing to ID RCRA Site Former Molycorp source material processing operation in Washington, PA: NRC licensed ~100,000 cy of soil and slag from production of ferro-alloys (Nb amd Mo) 232Th ~50 pCi/g, 238U ~15 pCi/g, 226Ra ~5 pCi/g Classified as unimportant quantity of source material (<.05% by weight) Disposed at Idaho RCRA site “The Committee should work with the staff to consider and provide advice on what NRC can do to assist in providing greater disposal options for low-level radioactive waste, e.g. use of appropriate Resource Conservation and Recovery Act (RCRA) Subtitle C hazardous waste facilities.” U.S. NRC Staff Requirements Memo - 1/16/07 Questions ??