IMPLEMENTATION GUIDE for Use with DOE M 435.1-1
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IMPLEMENTATION GUIDE for use with DOE M 435.1-1 Chapter IV Low-Level Waste Requirements (This page intentionally left blank.) DOE G 435.1-1 IV-1 7-09-99 IV. A. Definition of Low-Level Waste. Low-level radioactive waste is radioactive waste that is not high-level radioactive waste, spent nuclear fuel, transuranic waste, byproduct material (as defined in section 11e.(2) of the Atomic Energy Act of 1954, as amended), or naturally occurring radioactive material. Objective: The objective of this requirement is to provide the criteria for determining which DOE radioactive wastes are to be managed as low-level waste in accordance with DOE M 435.1-1, Chapter IV, Low-Level Waste Requirements. Discussion: DOE M 435.1-1, Section I.1.C., Radioactive Waste Management, requires that all DOE radioactive waste shall be managed as either high-level waste, transuranic waste, or low-level waste within one of the existing Office of Environmental Management radioactive waste management programs. To assist in determining whether a particular waste stream is low-level waste, see Figure I.1, Logic Diagram for Determining Radioactive Waste Type, which accompanies the guidance for the requirement. Management of wastes containing radioactivity that do not meet or are excluded from the definition of low-level waste above, (i.e., 11e.(2) byproduct material, residual radioactive material as defined in the Uranium Mill Tailings Radiation Control Act (UMTRCA), or naturally occurring radioactive material) should continue to be managed under the provisions of the UMTRCA or DOE 5400.5, Radiation Protection of the Public and the Environment. However, DOE M 435.1-1 allows for small quantities of these wastes to be managed in accordance with this chapter. See the guidance on DOE M 435.1-1, Section IV.B.(4). Basis. The definition of low-level waste is based on, and is essentially equivalent to, the definition used in the Nuclear Waste Policy Act of 1982, as amended. The requirements analysis (see methodology discussion of Technical Basis and Considerations, Appendix A) conducted in development of DOE O 435.1 and DOE M 435.1-1 indicated the Nuclear Waste Policy Act of 1982, as amended, definition should form the basis for the Department’s definition to be consistent with the full set of legal drivers for radioactive waste management that are now in public law. This definition also is consistent with the definition in 10 CFR 61.3, NRC’s requirements for low-level waste disposal. Section 161 of the Atomic Energy Act of 1954, as amended [Section 161(b)] authorizes the Department to promulgate rules “to govern the possession and use of special nuclear material, Chapter IV - Low-Level Waste Requirements IV-2 DOE G 435.1-1 7-09-99 source material, and byproduct material” and Section 161(i) authorizes the Department to prescribe such regulations as it deems necessary to govern any activity authorized pursuant to the Atomic Energy Act of 1954, as amended, specifically including standards for the protection of health and minimization of danger to life or property. Although most sources of ionizing radiation are encompassed by the terms “byproduct material,” “source material” and “special nuclear material,” some sources, such as machine-produced radioactive material, are not. Because all ionizing radiation has the potential to cause harm, the Department does not limit its radioactive waste management requirements to situations involving byproduct, source and special nuclear material. Low-level radioactive waste is defined by what it is not. The definition provides the framework for this concept by listing the basic radioactive waste types that are not low-level waste, thereby limiting the wastes that are to be managed as low-level waste. Thus, an understanding of the definitions of high-level radioactive waste, spent nuclear fuel, transuranic waste, byproduct material, and naturally occurring radioactive material is necessary to determine whether a subject waste is to be managed as low-level waste in accordance with DOE M 435.1-1, Chapter IV. The definitions of and relevant guidance on high-level waste (see Chapter II.A) and transuranic waste (see Chapter III.A) are contained in the guidance on Chapters II and III of the Manual, respectively. The guidance on definitions in Chapters II and III should be consulted first for making a determination on how to properly manage a suspect waste stream. Specific waste determination cases discussed in that guidance may provide assistance on deciding which radioactive wastes are to be managed as low-level waste. Many of these specific waste stream decisions are referenced and/or discussed again in the following guidance on the definition of low- level waste. High-Level Waste Exclusion. High-level waste is the first type of radioactive waste excluded from the definition of low-level waste. Guidance on the definition of High-Level Waste in Chapter II clarifies the meaning of that term for applicability to certain DOE waste streams. That guidance should be consulted first for determining if a waste stream should be managed as high-level waste. Those waste streams that should be managed as low-level waste must meet the requirements of DOE M 435.1-1, Chapter IV. Radioactive waste that meets the requirements of waste incidental to reprocessing, either by citation or evaluation, is excluded from the scope of high-level waste. It is the intent of the requirements of DOE O 435.1 and DOE M 435.1-1 that wastes which are excluded from the high-level waste management requirements because they have been determined to be not high- level waste through the waste incidental to reprocessing determination process and contain transuranics less than 100 nCi/g are low-level waste to be managed in accordance with Chapter IV of DOE M 435.1-1. (See guidance on Waste Incidental to Reprocessing, DOE M 435.1-1, Section II.B). Chapter IV - Low-Level Waste Requirements DOE G 435.1-1 IV-3 7-09-99 Example: At the Hanford Site the high-level waste program used the evaluation process to gain NRC support for on-site disposal of the low-activity waste stream removed from the high-level waste tanks as waste incidental to reprocessing. The on-site disposal facility shall meet the low-level waste requirements for disposal in accordance with DOE M 435.1-1. Spent Nuclear Fuel Exclusion. Spent nuclear fuel is excluded from the definition of low-level waste. Spent nuclear fuel is defined in the Nuclear Waste Policy Act of 1982, as amended, as “...fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.” The term refers to the spent fuel rods and assemblies as they are managed upon removal from a reactor, especially in terms of the applicability of provisions for management of spent fuel in the Nuclear Waste Policy Act of 1982, as amended. Guidance on the definition of high-level waste for Chapter II, DOE M 435.1-1 clarifies the meaning of spent nuclear fuel for applicability to certain Department waste streams that could fit the description of spent nuclear fuel. That guidance should be consulted first for determining whether one of these waste streams is to be managed as high-level waste. Those waste streams that are determined should be managed as low-level waste must meet the requirements of DOE M 435.1-1, Chapter IV. Example: Site Q has irradiated target elements in long-term storage that must be disposed. The targets contain neither fissile material, nor do they meet the definition of transuranic waste. The targets are managed for disposal as low-level waste. Transuranic Waste Exclusion. Transuranic waste is excluded from the definition of low-level waste. As mentioned, the definition of transuranic waste is further explained in the guidance on Requirement III.A. That guidance clarifies the applicability of the term transuranic waste for certain DOE radioactive waste streams. The guidance should be consulted first for determining if a waste stream should be managed as transuranic waste. Those streams that should be managed as low-level waste must meet the requirements of Chapter IV, DOE M 435.1-1. Three exceptions to the definition of transuranic waste are discussed in the guidance for transuranic waste requirements (DOE M 435.1-1, Section III.A). The first exception is high-level waste which, as discussed previously, is also excluded from the definition of low-level waste. The second exception is waste that DOE, with the concurrence of the EPA Administrator, has determined does not need the degree of isolation that is provided by implementation of the disposal requirements of 40 CFR Part 191. This waste is to be managed as low-level waste in accordance with Chapter IV of DOE M 435.1-1. The third exception applies to waste generated by commercial activities that have concentrations of radionuclides that would result in categorization as transuranic waste. As long as the waste is not high-level waste, it could be accepted (with NRC approval not to invoke 40 CFR Part 191) as Greater-than-Class-C (GTCC) low-level waste per the classification system in 10 CFR 61.55. This waste is to be managed as Chapter IV - Low-Level Waste Requirements IV-4 DOE G 435.1-1 7-09-99 low-level waste in accordance with Chapter IV of DOE M 435.1-1. However, GTCC waste is to be disposed of in a facility licensed by the U.S. Nuclear Regulatory Commission (See the guidance on Complex-Wide Low-Level Waste Management Program concerning management of commercial (NRC licensed) GTCC, DOE M 435.1-1, Section IV.C.).