The rapid changes in the nuclear energy industry over the last decade, driven in part by fluctuating energy market prices and an aging fleet of reactors, have led to the closure of multiple reactors in the United States and other countries. These closures have increased the need for larger and more efficient ways to manage low-level radioactive waste processing and transport capacities. The safe transport of radioactive material is a key component of the overall nuclear industry reliability. Though sometimes perceived as a bottleneck and costly, it is necessary to send waste material to disposal.

Used nuclear fuel and high-level radioactive wastes are by-products of nuclear energy production and other applications of nuclear technology, and the consensus approach to disposing of those wastes safely is to encapsulate them and emplace them in stable geologic formations (geologic repositories) where they will be isolated from people and the environment for very long periods of time. The federal government has established environmental standards for waste isolation that any proposed geologic repository must meet.

In July 2021, the American Nuclear Society established a special committee to consider possibilities for revised generic environmental standards for disposal of spent nuclear fuel and high-level radioactive waste in the United States. The committee developed a number of recommendations, which are contained in a draft report that was to be issued in February for review and comment by stakeholders. The draft report can be found on the ANS website, at ans.org/policy/repositorystandard/.

The committee’s draft recommendations are based on two underlying assumptions. First, that the relevant legislative framework for regulation defined in the Nuclear Waste Policy Act (NWPA) remains unchanged. Specifically, it is assumed that the Environmental Protection Agency will be charged with promulgating environmental standards for disposal and that the Nuclear Regulatory Commission will be charged with reviewing applications for disposal facilities using licensing requirements and criteria consistent with the EPA standards. Second, that existing generic disposal standards will be updated or replaced.

As preparations continue for immobilizing millions of gallons of low-activity tank waste at the Hanford Site in Washington state through vitrification, the Department of Energy has issued two key decisions for the handling and disposing of vitrified low-activity waste (LAW) and associated secondary wastes.

Next week will mark 25 years since January 31, 1998, a familiar date to most in the nuclear community, and revisited in today’s #ThrowbackThursday post with an article from the March 1998 issue of Nuclear News. “Those in the nuclear power industry are aware of the significance of the date January 31, 1998. ln the Nuclear Waste Policy Act of 1982, that date was set as the deadline for the U.S. government—more specifically, the Department of Energy—to begin taking possession of and responsibility for spent nuclear fuel from nuclear power plants nationwide” (NN, March 1998, p. 59).

NAC International Inc. has completed its acquisition of Philotechnics Ltd., a health physics, radiological services, and waste management company headquartered in Oak Ridge, Tenn., with a satellite facility in San Diego, Calif. The company, now under NAC International ownership, has been renamed NAC Philotechnics Ltd.

Another calendar year has passed. Before heading too far into 2023, let’s look back at what happened in 2022 for the American Nuclear Society and the nuclear community. In today's post that follows, we have compiled from Nuclear News and Nuclear Newswire what we feel are the top nuclear news stories from January through March 2022.

Stay tuned this week for the top stories from the rest of the past year.

But first, click here for some of ANS’s activities for 2022.

The Nuclear Regulatory Commission will integrate two separate rulemaking activities concerning the disposal of low-level radioactive waste, issuing a “re-proposed” rule that consolidates updates to 10 CFR Part 61, “Low-Level Radioactive Waste Disposal,” and proposed changes to the requirements for the near-surface disposal of greater-than-Class C (GTCC) waste.

Steven P. Nesbit
president@ans.org

Have you ever been punished for something you didn’t do? It happens to most of us on occasion while growing up, especially if we have siblings. It’s not the end of the world, and it teaches a valuable lesson: Life is not fair. Nevertheless, when it happens, it really rankles you.

The “issue” of nuclear waste provides me with instant recall of those unpleasant childhood memories. Commercial nuclear power plants have been managing low-level waste and used nuclear fuel safely and efficiently since the beginning of the nuclear enterprise. Industry is adept at minimizing, packaging, transporting, and disposing of LLW. Used fuel is stored safely and securely at reactor sites, awaiting disposal.

Forty years ago, nuclear power plant operators entered into contracts with the federal government. The deal was simple. The operators would pay the U.S. government a lot of money, and the government would pick up the relatively small amount of used fuel and dispose of it in a geologic repository, beginning in 1998. The money changed hands, but the used fuel never did.

Canadian Nuclear Laboratories (CNL) is asking its stakeholders (members of the public, industry, elected officials, and employees) to support a proposal to construct the Near Surface Disposal Facility (NSDF) to dispose of legacy radioactive waste at the Chalk River Laboratories in Ontario.

A federal court has dismissed a claim by the Nuclear Energy Institute that the Nuclear Regulatory Commission had reversed decades of established policy by requiring owners and operators of nuclear power plants to obtain the agency’s approval to dispose of low-level radioactive waste, even in NRC Agreement States.

At issue was a letter the NRC sent to NEI in 2019, stating that licensees must receive agency approval before disposing of LLW. In response, NEI filed a lawsuit against the NRC, claiming that the letter imposes new obligations on licensees without the NRC’s having followed rulemaking procedures required by the Administrative Procedure Act, including publishing notice of the new policy and receiving input from stakeholders prior to implementation.

The Department of Energy is considering disposing of contaminated process equipment from its Savannah River Site (SRS) at a commercial low-level waste facility using its recent interpretation of the statutory term “high-level radioactive waste,” which classifies waste generated from the reprocessing of spent nuclear fuel based on its radiological content rather than its origin.

Here is a look back at the top stories of 2020 from our Waste Management section in Newswire and Nuclear News magazine. Remember to check back to Newswire soon for more top stories from 2020.

Waste Management section

• First-ever cleanup of uranium enrichment plant celebrated at Oak Ridge: The completion of the decades-long effort to clean up the former Oak Ridge Gaseous Diffusion Plant was celebrated on October 13, with Energy Secretary Dan Brouillette joining U.S. Sen. Lamar Alexander, U.S. Rep. Chuck Fleischmann, Tennessee Gov. Bill Lee, and other state and community leaders at the East Tennessee Technology Park, where the uranium enrichment complex once stood. Read more.

An engineered stainless steel container designed to hold LLW at Hanford. Photo: Bechtel National, Inc.

A Department of Energy report to the U.S. Congress shows that the reclassification of high-level radioactive waste could save more than $200 billion in treatment and disposal costs while allowing DOE sites to be cleaned up sooner—all still without jeopardizing public health and safety.

The report, Evaluation of Potential Opportunities to Classify Certain Defense Nuclear Waste from Reprocessing as Other than High-Level Radioactive Waste, identifies potential opportunities for the DOE to reduce risk to public and environment while completing its cleanup mission more efficiently and effectively. Those opportunities are based on the DOE’s 2019 interpretation of the statutory term HLW, which classifies waste based on its radiological characteristics rather than its origin.

Under the DOE’s interpretation of HLW, waste from the reprocessing of spent nuclear fuel may be determined to be non-HLW if the waste (1) does not exceed concentration limits for Class C low-level radioactive waste as set out in federal regulations and meets the performance objectives of a disposal facility; or (2) does not require disposal in a deep geologic repository and meets the performance objectives of a disposal facility as demonstrated through a performance assessment conducted in accordance with applicable requirements.

The Nuclear Regulatory Commission has withdrawn a proposed interpretation of its low-level radioactive waste regulations that would have permitted licensees to dispose of waste by transferring it to persons who hold specific NRC exemptions. “The proposal is being withdrawn based on the NRC staff’s assessment that the proposed changes may not benefit the regulatory framework for the disposal of low-level radioactive waste,” the NRC said in a December 17 Federal Register notice.

After releasing the proposed rule for public comment on March 6, 2020, the NRC received about 200 individual comment submissions and approximately 15,000 form letter submissions, the vast majority of which were in opposition to the proposed rule.

“We have strongly disputed the argument by various groups who misrepresented the proposal as deregulation of radioactive waste disposal,” NRC spokesperson David McIntyre told the Courthouse News Service. “This would not have changed anything, just made an existing case-by-case approval process more efficient.”

The Department of Energy has extended until November 27 the public comment period on the Draft Waste Incidental to Reprocessing Evaluation for Vitrified Low-Activity Waste Disposed Onsite at the Hanford Site, Washington, which supports the DOE’s decision to dispose of vitrified low-level radioactive waste at an on-site disposal facility at the Hanford Site near Richland, Wash. Notice of the comment extension was published in the September 22 Federal Register.

The DOE initially made the draft waste incidental to reprocessing (WIR) evaluation available in the May 26 Federal Register, opening a 120-day comment period. The DOE said it is extending the comment period an additional 60 days in response to requests.

The Department of Energy’s Office of Environmental Management issued a final request for proposal (RFP) last week for its Nationwide Low-Level Mixed Low-Level Waste Treatment Services procurement. According to the DOE, the RFP is being issued on a full-and-open, unrestricted basis. The DOE intends to issue one or more basic ordering agreements as a result of this RFP.

The final RFP was can be found on the website of the DOE’s Environmental Management Consolidated Business Center. It also will be posted to the Fedconnect website. The deadline for RFPs is September 30.

Recognizing the impacts of the current COVID–19 pandemic, the Nuclear Regulatory Commission has decided to extend the public comment period on a proposed interpretation of its low-level radioactive waste disposal regulations. The new deadline for comments is July 20. The proposed LLW interpretive rule, announced on March 6, would permit licensees to dispose of waste by transfer to persons who hold specific exemptions for the purpose of disposal (NN, Apr. 2020, p. 47).