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This rulemaking would amend the NRC's regulations to revise the licensing requirements for low-level radioactive waste disposal.  The rule would ensure that the waste streams that are significantly different from those considered during the development of existing regulations will continue to be disposed of safely and meet the performance objectives for land disposal of low-level radioactive waste.  The rule would require certain licensees and applicants to conduct site-specific analyses, including a new intruder assessment, using a specified compliance period and would make other clarifying changes. 

Statement of Need:

The rule would amend the Nuclear Regulatory Commission's (NRC) regulations to require low-level radioactive waste (LLRW) disposal facilities to conduct site-specific analyses to demonstrate compliance with the performance objectives. Although the NRC believes that part 61 is adequate to protect public health and safety, requiring a site-specific analysis to demonstrate compliance with the performance objectives would enhance the safe disposal of LLRW and would provide added assurance that waste streams not considered in the part 61 technical basis comply with the part 61 performance objectives. Further, these analyses would identify any additional measures that would be prudent to implement. These amendments would improve the efficiency of the regulations by making changes to reduce ambiguity, facilitate implementation, and better align the requirements with the current and more modern health and safety regulations. This rulemaking would correct ambiguities and provide added assurance that LLRW disposal continues to meet the performance objectives in part 61.

Summary of the Legal Basis:

Alternatives:

Anticipated Costs and Benefits:

The NRC published a regulatory analysis examining the costs and benefits associated with the proposed rule.  Agreement States and industry (licensees) incur implementation and ongoing costs.  The benefits of the regulatory action include allowing licensees to optimize disposal capacity and ensuring that LLRW streams that are significantly different from those considered during the development of the current regulations can be disposed of safely, minimizing future mitigation.  These benefits are likely to avert potential future costs to licensees. The rule is cost-justified because the regulatory initiatives enhance public health and safety by ensuring the safe disposal of LLRW.

Risks: