The Department of Energy (DOE) has published in the Federal
Register a notice for the request for public comment on its interpretation of the definition of the statutory term "high-level radioactive waste" (HLW).
DOE interprets the term “high-level radioactive waste”, as stated in the Atomic Energy Act of 1954 as amended (AEA), and the Nuclear Waste Policy Act of 1982 as amended (NWPA) in a manner that defines DOE reprocessing
wastes to be classified as either HLW or non-HLW based on the radiological characteristics of the waste and their ability to meet appropriate disposal facility requirements. The basis for DOE's interpretation comes from the AEA and NWPA definition of HLW:
(A) the highly radioactive
material resulting from the reprocessing of spent nuclear fuel (SNF), including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; and
(B) other highly radioactive material
that the Commission, consistent with existing law, determines by rule requires permanent isolation.
Under DOE's interpretation, waste resulting from the reprocessing of SNF is non-HLW if the waste:
I. Does not exceed concentration limits for Class C low-level radioactive waste as set out in section 61.55 of title 10, Code of Federal Regulations; or
II. 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 regulatory requirements.
Reprocessing waste meeting either I or II of the above is non-HLW, and may be classified and disposed in accordance with its radiological characteristics in an appropriate facility provided all applicable requirements of
the disposal facility are met.
DOE is requesting comments on its interpretation that reprocessing waste meeting either of the two criterion stated above in non-HLW.
The 60-day public comment period ends December 10, 2018. Comments may be sent by email to HLWnotice@em.doe.gov or by mail to Theresa Kliczewski, U.S. Department of Energy, Office of Environmental Management, Office of Waste and Materials Management (EM-4.2), 1000 Independence Avenue SW, Washington, DC
20585.
