The Nuclear Regulatory Commission released SECY-20-0098 (attached) that outlines a path forward for two separate rule making activities.  Specifically, the SECY “provides considerations, options, and the staff’s recommendation for proceeding with (1) the Part 61 of Title 10 of the Code of Federal Regulations (10 CFR) rulemaking, “Low-Level Radioactive Waste Disposal” (10 CFR Part 61 rule); and (2) a proposed rulemaking to promulgate requirements for the near-surface disposal of greater-than-Class C (GTCC) waste (GTCC waste rulemaking) in a consolidated and integrated rulemaking. 

The SECY provides a history of rulemaking activities and proposes two options in moving forward:

Option 1:   Issue a re-proposed rule that consolidates and integrates GTCC waste and 10 CFR Part 61 LLRW rulemaking activities, and

Option 2: Discontinuation of the GTCC waste rulemaking and completion of 10 CFR Part 61 rulemaking.  Option 2 has two sub options:

                2a Issue a Supplemental 10 CFR Part 61 Proposed Rule, and

                2b Issue a 10 CFR Part 61 Re-Proposed Rule

Option 1 is the preferred Option for NRC Staff as outlined in the SECY.

Should Option 1 be accepted, NRC Staff commit to a 14 month time period to consolidate and integrate GTCC waste and updated 10 CFR 61 rulemaking activities.  The re-proposed rule will go through a comment period and a final rule would be submitted to the Commission within 12 months of the close of the comment period.

NRC will seek opportunities to communicate with external stakeholders during the comment period.  The NRC will also actively engage Agreement State representatives during the development process.

Members of the LLRW Forum look forward to working with NRC staff to finalize the proposed action.

For more information, click here.