Appendix C
Section 3116, Order 435.1, and Performance Objectives

Table C-1 is a side-by side comparison of excerpts from Section 3116 of the Ronald Reagan National Defense Authorization Act (NDAA) for Fiscal Year 2005 and Department of Energy (DOE) Order 435.1. The performance objectives in Title 10 Code of Federal Regulations Part 61 (10 CFR 61) referred to in both documents are reproduced in Table C-2.

TABLE C-1 Side-by-Side Comparison of Text Relevant to Waste Determinations from Section 3116 of the NDDA and DOE Order 435.1

Topic

NDDA Section 3116

DOE Order 435.1

General definition of waste from the reprocessing of spent nuclear fuel that is not high-level waste

The term ‘‘high-level radioactive waste’’ does not include radioactive waste resulting from the reprocessing of spent nuclear fuel that the Secretary of Energy … in consultation with the Nuclear Regulatory Commission … determines—does not require permanent isolation in a deep geologic repository for spent fuel or high-level radioactive waste

Waste resulting from reprocessing spent nuclear fuel that is determined to be incidental to reprocessing is not high-level waste, and shall be managed under DOE’s regulatory authority in accordance with the requirements for transuranic waste or low-level waste, as appropriate. When determining whether spent nuclear fuel reprocessing plant wastes shall be managed as another waste type or as high-level waste, either the citation or evaluation process described below shall be used

Evaluation Process

 

 

Radionuclide removal requirements

Waste has had highly radioactive radionuclides removed to the maximum extent practical

Wastes have been processed, or will be processed, to remove key radionuclides to the maximum extent that is technically and economically practical

Radiation protection performance objectives when managed as low-level waste

In compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations

Meet safety requirements comparable to the performance objectives set out in 10 CFR Part 61, Subpart C, Performance Objectives

Radiation protection performance objectives when managed as greater-than-Class C waste

In compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations

Managed as transuranic waste (subject to approval by the Administrator of the EPA) as described below or low-level waste as describe above

Radiation protection performance objectives when managed as transuranic waste

 

Will be incorporated in a solid physical form and meet alternative requirements for waste classification and characteristics, as DOE may authorize



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Tank Waste Retrieval, Processing, and On-Site Disposal at Three Department of Energy Sites: Final Report Appendix C Section 3116, Order 435.1, and Performance Objectives Table C-1 is a side-by side comparison of excerpts from Section 3116 of the Ronald Reagan National Defense Authorization Act (NDAA) for Fiscal Year 2005 and Department of Energy (DOE) Order 435.1. The performance objectives in Title 10 Code of Federal Regulations Part 61 (10 CFR 61) referred to in both documents are reproduced in Table C-2. TABLE C-1 Side-by-Side Comparison of Text Relevant to Waste Determinations from Section 3116 of the NDDA and DOE Order 435.1 Topic NDDA Section 3116 DOE Order 435.1 General definition of waste from the reprocessing of spent nuclear fuel that is not high-level waste The term ‘‘high-level radioactive waste’’ does not include radioactive waste resulting from the reprocessing of spent nuclear fuel that the Secretary of Energy … in consultation with the Nuclear Regulatory Commission … determines—does not require permanent isolation in a deep geologic repository for spent fuel or high-level radioactive waste Waste resulting from reprocessing spent nuclear fuel that is determined to be incidental to reprocessing is not high-level waste, and shall be managed under DOE’s regulatory authority in accordance with the requirements for transuranic waste or low-level waste, as appropriate. When determining whether spent nuclear fuel reprocessing plant wastes shall be managed as another waste type or as high-level waste, either the citation or evaluation process described below shall be used Evaluation Process     Radionuclide removal requirements Waste has had highly radioactive radionuclides removed to the maximum extent practical Wastes have been processed, or will be processed, to remove key radionuclides to the maximum extent that is technically and economically practical Radiation protection performance objectives when managed as low-level waste In compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations Meet safety requirements comparable to the performance objectives set out in 10 CFR Part 61, Subpart C, Performance Objectives Radiation protection performance objectives when managed as greater-than-Class C waste In compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations Managed as transuranic waste (subject to approval by the Administrator of the EPA) as described below or low-level waste as describe above Radiation protection performance objectives when managed as transuranic waste   Will be incorporated in a solid physical form and meet alternative requirements for waste classification and characteristics, as DOE may authorize

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Tank Waste Retrieval, Processing, and On-Site Disposal at Three Department of Energy Sites: Final Report Topic NDDA Section 3116 DOE Order 435.1 Acceptable disposal destinations Applies only to material disposed of on-site in South Carolina and Idaho otherwise covered by this section that is not transported from the state Not restricted Regulatory oversight for waste disposal when managed as low-level waste Pursuant to a state-approved closure plan or state- issued permit, authority for the approval or issuance of which is conferred on the State outside of this section Are to be managed, pursuant to DOE’s authority under the Atomic Energy Act of 1954, as amended, and in accordance with the provisions of Chapter IV of this Manual, provided the waste will be incorporated in a solid physical form at a concentration that does not exceed the applicable concentration limits for Class C low-level waste as set out in 10 CFR 61.55, Waste Classification; or will meet alternative requirements for waste classification and characterization as DOE may authorize Regulatory oversight for waste disposal when managed as greater-than-Class C waste (Section 3116) or as transuranic waste (DOE Order 435.1) Pursuant to a atate-approved closure plan or atate issued permit, authority for the approval or issuance of which is conferred on the atate outside of this section; and pursuant to plans developed by the Secretary in consultation with the Commission Are managed pursuant to DOE’s authority under the Atomic Energy Act of 1954, as amended, in accordance with the provisions of Chapter III of this Manual, as appropriate U.S. Nuclear Regulatory Commission role in the disposal plan The [Nuclear Regulatory] Commission shall, in coordination with the covered atate, monitor disposal actions taken by the Department of Energy . . . for the purpose of assessing compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations No provision Citation Process     Criteria for determining reprocessing waste to not be high-level waste No provision Waste incidental to reprocessing by citation includes spent nuclear fuel reprocessing plant wastes that meet the description included in the Notice of Proposed Rulemaking (34 FR 8712) for proposed Appendix D, 10 CFR Part 50, Paragraphs 6 and 7. These radioactive wastes are the result of reprocessing plant operations, such as, but not limited to: contaminated job wastes including laboratory items such as clothing, tools, and equipment

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Tank Waste Retrieval, Processing, and On-Site Disposal at Three Department of Energy Sites: Final Report PERFORMANCE OBJECTIVES Table C-2 contains excerpts from Title 10 Code of Federal Regulations Part 61 (10 CFR 61) Licensing Requirements for Land Disposal of Radioactive Waste, Subpart C: Performance Objectives. TABLE C-2 Performance Objectives in 10 CFR 61, Subpart C Section 61.40 General requirement “Land disposal facilities must be sited, designed, operated, closed, and controlled after closure so that reasonable assurance exists that exposures to humans are within the limits established in the performance objectives in Section 61.41 through 61.44” Section 61.41 Protection of the general population from releases of radioactivity “Concentrations of radioactive material which may be released to the general environment in groundwater, surface water, air, soil, plants, or animals must not result in an annual dose exceeding an equivalent of 25 mrem to the whole body, 75 mrem to the thyroid, or 25 mrem to any other organ to any member of the public. Reasonable effort should be made to maintain releases of radioactivity in effluents to the general environment as low as reasonably achievable (ALARA)” Section 61.42 Protection of individuals from inadvertent intrusion “Design, operation, and closure of the land disposal facility must ensure protection of any individual inadvertently intruding into the disposal site and occupying the site or contacting the waste form at any time after active institutional controls over the disposal site are removed” Section 61.43 Protection of individuals during operations “Operations at the land disposal facility must be conducted in compliance with the standards for radiation protection set out in part 20 of this chapter [10 CFR 20], except for releases of radioactivity in effluents from the land disposal facility, which shall be governed by Section 61.41 of this part. Every reasonable effort shall be made to maintain radiation exposures ALARA” Section 61.44 Stability of the disposal site after closure “The disposal facility must be sited, designed, used, operated, and closed to achieve long-term stability of the disposal site and to eliminate to the extent practicable the need for ongoing active maintenance of the disposal site following closure so that only surveillance, monitoring, or minor custodial care are required” Compliance time frame “Even though a time of compliance is not mentioned in 10 CFR Part 61, a period of 10,000 years has been recommended by Nuclear Regulatory Commission staff in its guidance on performance assessments, but this recommendation has not been approved by the Commission, so it does not constitute official agency policy”

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Tank Waste Retrieval, Processing, and On-Site Disposal at Three Department of Energy Sites: Final Report AIR AND WATER PERFORMANCE OBJECTIVES Table C-3 contains the low-activity waste disposal performance objectives for air and water protection based upon DOE Order 435.1, the National Primary Drinking Water Regulations, 40 CFR 141, and the National Emission Standards for Hazardous Air Pollutants (NESHAP; 40 CFR 61H and 40 CFR 61Q) as adapted from the Hanford Immobilized Low-Activity Waste Performance Assessment: 2001 Version (Mann et al., 2001). TABLE C-3 Radiological Performance Objectives Protection of Groundwater Resources a, b, c Alpha emitters   226Ra plus 228Ra 5 pCi/L All others (total) 15 pCi/L Beta and photon emitters 4 mrem in a year Protection of Surface Water Resources a Alpha emitters   226Ra plus 228Ra 0.3 pCi/L All others (total) 15 pCi/L Beta and photon emitters 1 mrem in a yeard Protection of Air Resource a, e, f Radon (flux through surface) All other radionuclides 20 pCi m−2 s−1 10 mrem in a year a Evaluated for 1,000 and 10,000 years, but calculated to the time of peak or 10,000 years, whichever is longer. b Evaluated at the point of maximum exposure, but no closer than 100 m (328 feet) from the disposal facility (DOE O 435.1; DOE M 435.1). c Main driver is the National Primary Drinking Water Regulations (40 CFR 141). d This is the limit used at Hanford to meet Washington State regulation (WAC 173-201A) and minimize reporting requirements. The EPA drinking water standard is 4 mrem in a year. e Evaluated at the disposal facility. f Main driver is NESHAP (40 CFR 61H and 40 CFR 61Q).