DOE G 435.1-1 Chapter 4, Low-Level Waste Requirements

Chapter IV Low-Level Waste Requirements IMPLEMENTATION GUIDE for use with DOE M 435.1-1 (This page intentionally left blank.) DOE G 435.1-1 IV-1 7-09-99 Chapter IV - Low-Level Waste Requirements 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, IV-2 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements 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). DOE G 435.1-1 IV-3 7-09-99 Chapter IV - Low-Level Waste Requirements 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 IV-4 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements 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.). Also, consistent with the guidance on transuranic waste (DOE M 435.1-1, Section III.A), radioactive waste that does not meet the definition of transuranic waste in accordance with the measurement, error, and uncertainty guidance described in Transuranic Waste Characterization Quality Assurance Program Plan, Waste Acceptance Criteria for the Waste Isolation Pilot Plant, and/or other controlling documents is also to be managed as low-level waste in accordance with Chapter IV of DOE M 435.1-1. Dilution of a transuranic waste stream to reclassify the waste as low-level waste (i.e., reducing the concentration to less than or equal to 100 nCi (3700 Bq) per gram) is not permitted by the Department. While it is recognized that in the course of stabilizing a waste stream some changes in waste concentration may occur, actions to dilute a waste stream below the concentration limits for transuranic waste are prohibited. It is also recognized that actions taken to process a waste stream for safety or technological reasons that are justified, may result in the waste being reclassified after processing as low-level waste.

Example: Due to the moisture content of a transuranic waste sludge, the waste does not meet the WIPP WAC. The site evaluates several treatment options taking into consideration factors such as worker exposure, waste minimization, cost and complexity of the treatment process and disposal facility waste acceptance requirements. The treatment process selected involves adding grout to the transuranic waste sludge to eliminate free liquids resulting in a solidified waste form that contains transuranic radionuclides in concentrations less than 100 nCi (3700 Bq) per gram and meets the waste acceptance criteria for a low-level waste disposal facility. Byproduct Material Exclusion. Byproduct material as defined in Section 11e.(2) of the Atomic Energy Act of 1954, as amended, is also excluded from the definition of low-level waste. Byproduct material is defined as: “. . . (2) The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.” Section 11e.(2) byproduct material is included in the waste types not managed as low- level waste because Congress determined that this waste stream had unique qualities, particularly the generation of radon gas, and needed to be managed in accordance with its own set of environmental standards and technical requirements. The Uranium Mill Tailings Radiation Control Act (UMTRCA) provides the legal framework under which 40 CFR Part 192 and the Department’s program for remediation of old uranium mill tailings sites was developed and implemented. DOE G 435.1-1 IV-5 7-09-99 Chapter IV - Low-Level Waste Requirements Naturally Occurring Radioactive Material Exclusion. Waste with naturally occurring radioactive material is also excluded from the definition of low-level waste. Naturally occurring radioactive material, or NORM, is material that contains natural radioactivity and is not regulated by NRC under the Atomic Energy Act of 1954, as amended. In some cases, changes in the composition, radionuclide concentrations, availability, or proximity to man of such material as a result of human practices cause a potential for increased exposure to the public. The Atomic Energy Act of 1954, as amended and the Energy Reorganization Act of 1974 charge DOE with protecting the public from exposure to radiation caused by its research, development, or production activities. Therefore, DOE regulates such exposures under its radiation protection directives. For non-DOE activities, the Congress provided NRC authority for only source, byproduct, and special nuclear material and not for the generation of consumer products or other products from natural material. However, DOE does have responsibilities for NORM that has been technologically enhanced by DOE activity. The policy of the Department is that small quantities of naturally occurring and/or 11e.(2) byproduct materials or wastes containing such materials may be disposed in DOE low-level waste disposal facilities provided that the requirements for disposal of low-level waste are met. Example: A small amount (100 cubic meters) of 11e.(2) materials that are similar to mill tailings, but from an apparently different process, are discovered at the remedial action site near Garden City. These materials are removed from their current location and are packaged and stored. An evaluation of the performance assessment at Site X indicates that these materials are acceptable for disposal there. The wastes are certified and shipped to Site X for disposal.

Chapter IV of DOE 5820.2A addresses this matter and provides the requirements for management of small quantities of 11e.(2) and naturally occurring radioactive material as low- level waste. This practice may continue under DOE M 435.1-1, IV.B.(4). Guidance for this requirement should be consulted for discussions on management of small quantities of 11e.(2) byproduct and naturally occurring radioactive material as low-level waste. Supplemental References: 1. Nuclear Waste Policy Act of 1982, as amended, January 7, 1983. 2. NRC. Licensing Requirements for Land Disposal of Radioactive Waste, 10 CFR Part 61, U.S. Nuclear Regulatory Commission, Washington, D.C.. 3. CAO, 1998. U.S. Department of Energy, Transuranic Waste Characterization Quality Assurance Program Plan, Revision 1, CAO-94-1010, U.S. Department of Energy, Carlsbad Area Office, Carlsbad, NM, December 18, 1998. IV-6 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements 4. CAO, 1996. Waste Acceptance Criteria for the Waste Isolation Pilot Plant, Revision 5, DOE/WIPP-069, U.S. Department of Energy, Carlsbad Area Office, Carlsbad, NM, April 1996. 5. DOE, 1988. Radioactive Waste Management, DOE 5820.2A, U.S. Department of Energy, Washington, D.C., September 26, 1988. DOE G 435.1-1 IV-7 7-09-99 Chapter IV - Low-Level Waste Requirements IV. B. Management of Specific Wastes. The following provide for management of specific wastes as low-level waste in accordance with the requirements in this Chapter: (1) Mixed Low-Level Waste. Low-level waste determined to contain both source, special nuclear, or byproduct material subject to the Atomic Energy Act of 1954, as amended, and a hazardous component subject to the Resource Conservation and Recovery Act (RCRA), as amended, shall be managed in accordance with the requirements of RCRA and DOE O 435.1, Radioactive Waste Management, and this Manual. (2) TSCA-Regulated Waste. Low-level waste containing polychlorinated biphenyls, asbestos, or other such regulated toxic components shall be managed in accordance with requirements derived from the Toxic Substances Control Act, as amended, DOE O 435.1, Radioactive Waste Management, and this Manual. (3) Accelerator-Produced Waste. Radioactive waste produced as a result of operations of DOE accelerators is low-level waste and shall be managed in accordance with DOE O 435.1, Radioactive Waste Management, and this Manual, and all applicable Federal or State requirements. (4) 11e.(2) and Naturally Occurring Radioactive Material. Small quantities of 11e.(2) byproduct material and naturally occurring radioactive material may be managed as low-level waste provided they can be managed to meet the requirements for low-level waste disposal in Section IV.P of this Manual. Objective: The purpose of this requirement is to (1) ensure that DOE low-level waste is managed in accordance with the applicable requirements of external regulations, specifically those of the Resource Conservation and Recovery Act (RCRA) and Toxic Substances Control Act (TSCA), that address non-radiological hazards, in addition to being managed in accordance with the requirements of DOE O 435.1 and the Radioactive Waste Management Manual, DOE M 435.1-1, and (2) allow for the management of certain other radioactive wastes as low-level waste that are the responsibility of the Department under the Atomic Energy Act of 1954, as amended. IV-8 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements

Discussion: The Radioactive Waste Management Manual, DOE M 435.1-1, contains requirements for managing the radioactive character of low-level waste. Through the safety and hazards analysis process used in developing the Manual, non-radiological hazards associated with managing certain wastes were identified. During the development of the requirements necessary to control the identified hazards, it was concluded that sufficient external regulations, promulgated pursuant to RCRA and TSCA, exist for controlling the non-radiological hazards. 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, 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. Through the safety and hazards analysis, it was also recognized that the Department has management responsibility over some other radioactive waste, namely accelerator-produced, naturally occurring, and 11e.(2) byproduct material, which is specifically excluded from the definition of low-level waste, but for which the Department is responsible for protecting the public, workers, and the environment from the radioactivity from the waste under the Atomic Energy Act of 1954, as amended, and therefore needed to be considered to cover the full inventory of radioactive waste that must be managed under DOE O 435.1 and DOE M 435.1-1. The analysis to develop requirements concluded that the Department’s policies, requirements, and guidance currently in place under DOE 5820.A should be continued and improved where needed. Guidance below under Accelerator-Produced Waste and 11e.(2) and Naturally Occurring Radioactive Material discusses the continuation of the 5820.2A policies and practices and provides discussion for meeting requirements of DOE O 435.1 and DOE M 435.1-1 for these wastes. Mixed Low-Level Waste. In managing low-level wastes which are subject to RCRA and TSCA requirements, personnel need to be cognizant of the requirements for storage and disposal of the waste. The ability to dispose of RCRA or TSCA waste that has a radioactive component is very limited. Therefore, waste generators should avoid creating a mixed or TSCA-regulated low-level waste, and generators and waste managers should avoid actions that result in generating low-level waste with no path to disposal (see guidance for DOE M 435.1-1, Section I.2.F.(19)). DOE G 435.1-1 IV-9 7-09-99 Chapter IV - Low-Level Waste Requirements

Example: It is typical for personnel within a radiological control area at Laboratory A to always declare all waste to be radioactive. It is recognized that all the waste is not low-level waste; however, by managing it as such, the facility saves time and money in surveying and performing radioactive/clean determinations. However, RCRA or TSCA waste is not automatically declared radioactive out of convenience, because such designation would greatly limit the management and disposal options for the waste and increase the overall waste management costs at Laboratory A. Instead, personnel specifically survey any waste that has been identified as RCRA- or TSCA- regulated in order to make a radioactive/clean determination and thus minimize the amount of waste that will be designated as mixed or TSCA regulated. RCRA and State Hazardous Waste Regulations. The Resource Conservation and Recovery Act required the Environmental Protection Agency to promulgate regulations for management of hazardous waste. The legislation also provides for states to promulgate and implement hazardous waste regulatory programs that are at least as protective as the Federal program. The hazardous waste requirements that personnel must follow in managing (i.e., generating, transporting, treating, storing or disposing) mixed low-level waste and in closing affected facilities are primarily in 40 CFR Parts 260 through 270, or authorized state regulations. A variety of guidance manuals and information relevant to the management of the hazardous component of mixed low-level waste has been prepared both by the state regulatory agencies and the Environmental Protection Agency (see for example U.S. Environmental Protection Agency, Catalog of Hazardous and Solid Waste Publications, EPA530-B-96-007, September, 1996). These guidance documents should be consulted when developing management programs for mixed low-level waste. Hazardous waste regulations promulgated by states with RCRA authority may be more restrictive than the Federal regulations. The more restrictive requirements may include a broader definition of hazardous waste than the Federal requirements or may impose another state’s definition of hazardous waste when waste is received from that state. Waste management personnel therefore need to be aware of the requirements of the regulations in their own state as well as the implications of the regulations in states to which they intend to transfer waste. Example 1: In a state that invokes regulations equivalent to the EPA hazardous waste regulations, waste oil that meets the criteria for low-level waste would not be managed as mixed low-level waste. However, if the oil was to be shipped to another state in which the state regulations defined hazardous waste to include waste oil, the waste would have to be packaged, manifested, transported, and stored as a mixed waste. Example 2: If the direction of waste transfer in the above example were reversed, a different situation could arise. The waste would be declared a mixed waste in the state of origin because the state regulations had a broader definition of hazardous waste. The state to which it was to be shipped does not specifically regulate waste oil as a hazardous IV-10 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements waste. However, the state regulations of the receiving site require that waste be considered to be as it was categorized in the state of origin. In this case, the waste would still be considered to be and need to be managed as mixed waste even after it was shipped to the state that did not explicitly regulate waste oils.

The RCRA requirements prohibit storage of hazardous (including mixed) waste that are restricted from land disposal except for purposes of accumulating sufficient quantities to facilitate recovery, treatment, or disposal. The Federal Facility Compliance Act of 1992 required the Department to prepare site-specific treatment plans to address treatment of mixed waste to meet the land disposal restrictions at each facility at which DOE generates or stores mixed waste. To meet the requirement, site-specific treatment plans were developed, and through agreements or consent orders, commitments to schedules to treat or otherwise meet the land disposal restrictions were made. These site-specific treatment plans and agreements or consent orders need to be part of the life-cycle planning performed in accordance with Waste Generation Planning (DOE M 435.1-1, Section IV.H). PCB, Asbestos, and Other TSCA Wastes. Low-level wastes contaminated with PCBs or asbestos do not meet the definition of mixed waste. However, the situation is similar because external regulations promulgated under the authority of the Toxic Substances Control Act (TSCA) must be complied with in addition to the requirements of DOE O 435.1 and the Manual. Waste managers responsible for managing PCB-containing products should consult the EPA requirements at 40 CFR Part 761. The regulations impose requirements for the destruction, storage awaiting destruction, and disposal of PCBs. Waste managers responsible for managing materials containing asbestos should consult the EPA requirements at 40 CFR Part 61, subpart M. These regulations impose requirements for the removal of asbestos during demolition and renovation and disposal of asbestos-containing waste. This regulation includes cross-references to several other regulations governing management of asbestos that may also apply. Planning for management of these wastes and any low-level waste that includes a component which is regulated under TSCA needs to be addressed in the Complex-Wide Low-Level Waste Management Program and the Site-Wide Waste Management Programs (DOE M 435.1-1, Sections I.2.B.(1), I.2.F.(1), and IV.C). Example: A site has determined that contaminated transformer oil from an on-site electrical source contains PCBs. The site makes arrangements for treatment at another facility which is permitted under TSCA for PCB treatment (PCB destruction) and return of the low-level waste (grouted ash) for disposal at the generating site. The DOE M 435.1-1 requirements imposed on the radioactive component of RCRA or TSCA waste should not create a duplication of management activities that can be satisfied by compliance with either a RCRA or TSCA requirement. Also, documentation required by RCRA or TSCA DOE G 435.1-1 IV-11 7-09-99 Chapter IV - Low-Level Waste Requirements requirements which provide the same or similar documentation as required by DOE M 435.1 can be used to satisfy the DOE M 435.1-1 requirement. Example: Mixed low-level waste is being transferred from one site to another for treatment. The Uniform Hazardous Waste Manifest is prepared as required by 40 CFR Part 262. The manifest is determined to satisfy the need to document the transfer of ownership of the waste, the transfer date, the physical location of the waste, and other information specified in DOE M 435.1-1. If the waste acceptance requirements of the facility receiving the waste allow it, the manifest may also provide the necessary information on the chemical and physical characteristics of the waste.

Accelerator-Produced Waste. Commercially generated accelerator-produced waste is not source, special nuclear, or byproduct material that must be licensed by the NRC under the Atomic Energy Act of 1954, as amended. However, the Department retains the responsibility under the Atomic Energy Act of 1954, as amended, for protection of the public, workers, and the environment from the radioactivity produced from Department of Energy accelerators. Such waste may include shielding and structures which are activated by operation of an accelerator, or the targets that are bombarded by the accelerator beam. Radioactive waste produced from Department of Energy accelerator activities is to be managed as low-level waste. Accelerator-produced wastes have been managed as low-level waste by the Department in the past, and this provision in DOE M 435.1-1 maintains this practice. Accelerator-produced waste may be mixed with hazardous constituents that are regulated under RCRA or state-equivalent legislation. In this case, Department Field Elements need to interact with state authorities concerning the appropriate management of these wastes. These wastes are not mixed waste to the extent that the accelerator-produced materials are not source, byproduct, or special nuclear material. However, they should still be managed appropriately for the dangers posed by both the radioactivity and the hazardous component, as if they were mixed waste. Some states may have agreed with Department Field Elements already on the appropriate set of requirements that these wastes should be managed under. The Department is fully responsible for ensuring that the requirements associated with the hazardous components are complied with, as well as managing the waste for its radioactivity in accordance with Chapter IV of the Manual. Example 1: Lead (Pb) bricks are used as shielding in a new tritium production accelerator in State S. When the shielding is discarded, the resultant waste is a RCRA- regulated hazardous waste (and is not a “mixed waste” because the radioactive component is not source, special nuclear, or byproduct material). The lead brick shielding waste is managed in accordance with State S hazardous waste requirements. The shielding waste is managed as mixed waste, however, because all DOE Manual Chapter IV requirements are also met. The tritium production accelerator includes management requirements for this waste in a RCRA-based agreement with State S. IV-12 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements Example 2: A Department of Energy research accelerator uses a variety of target materials. None of the targets contain hazardous constituents, however, once a research activity is completed, the discarded targets have been activated. The discarded targets are handled to protect against exposure to radiation and are managed as low-level waste including disposal at a DOE low-level waste disposal facility.

11e.(2) and Naturally Occurring Radioactive Material. This section of DOE M 435.1-1 was provided to continue the policies, requirements, and guidance in place under DOE 5820.2A concerning disposal of small quantities of 11e.(2) and naturally occurring radioactive material. Under the Nuclear Waste Policy Act of 1982, as amended, and the Low-Level Radioactive Waste Policy Act, low-level waste is defined to exclude 11e.(2) byproduct material. However, DOE O 435.1 continues the Department’s existing policy that small quantities of these materials may be managed as low-level waste in accordance with the low-level waste requirements of DOE M 435.1-1. This requirement is not intended to allow large volumes of 11e.(2) material from sites subject to 40 CFR Part 192 would be routinely disposed in a low-level waste disposal facility. These wastes, waste quantities too large for acceptance at DOE low-level waste disposal sites, and other 11e.(2) byproduct and naturally occurring radioactive materials that are inappropriate for management as a low-level waste are to be managed under the provisions of UMTRCA, 40 CFR Part 192, or DOE 5400.5, Radiation Protection of the Public and the Environment, as applicable. Recognizing DOE’s responsibility for properly managing these materials when generated or encountered during cleanups, DOE 5400.5 contains requirements that are applicable for the management of naturally occurring radioactive material waste streams. [Although the Department is unlikely to manage any of these, examples of such wastes are rare earth processing facility wastes, mineral extraction byproducts, such as phosphogypsum and copper tailings, coal ash, and oil and gas extraction byproducts.] The Department manages other radioactive waste streams that contain naturally occurring radioactive material that are excluded from the definition of low-level waste. These waste streams are those in which the naturally occurring radioactive material has been technologically- enhanced and intentionally altered for the purpose of utilizing the radioactive properties of the material. Examples of these are sealed sources containing radium and compounds of uranium which no longer are considered source material, but which have not been converted to a form that could be used productively. These waste streams are appropriately managed as low-level waste to provide adequate protection of workers, the public, and the environment. To understand what is meant by the term “small quantities,” the legislative intent of the UMTRCA as implemented in the policies of the Department provide the needed guidance. In enacting the UMTRCA, Congress addressed a problem of large volumes of diffuse material in several locations that required proper controls. These residual radioactive materials regulated under UMTRCA are managed by the Department according to the requirements of 40 CFR Part 192 and disposed at specially designated tailings disposal sites established under the UMTRCA. DOE G 435.1-1 IV-13 7-09-99 Chapter IV - Low-Level Waste Requirements It is the policy of the Department that small quantities of naturally occurring and/or 11e.(2) byproduct materials or wastes containing such materials may be disposed in DOE low-level waste disposal facilities provided that the requirements for disposal of low-level waste are met.

The requirement, in stating that the disposal requirements in DOE M 435.1-1, Section IV.P must be met, means the naturally occurring or 11e.(2) byproduct material must be included in the performance assessment and composite analysis for the facility, that adequate controls are established for the waste stream based on the evaluations, and the minimum disposal requirements of Chapter IV are to be met. The inclusion of a significant quantity of naturally occurring or 11e.(2) byproduct material in a low-level waste disposal facility is expected to result in additional controls for that waste stream due to the risk posed by radon emanation from the waste, where “significant” in this context is to be determined through the performance assessment and composite analysis evaluations and other considerations included in the radioactive waste management basis for the disposal facility. Example 1: A significant amount (100,000 cubic meters) of new mill tailings are discovered in a location not previously determined to be contaminated at the UMTRCA site at Slick Rock, CO. These mill tailings will be removed from their location and either be disposed of at the Cheney disposal cell or DOE will pay a UMTRCA Title II site to dispose of the tailings, consistent with UMTRCA, as amended. Example 2: A small amount (100 cubic meters) of 11e.(2) materials that are similar to mill tailings, but from an apparently different process, are also discovered at this contaminated site near Slick Rock. These materials will also be removed from their current location and managed in the same manner as discussed in Example 1. Example 3: Some uranium bearing waste from processes undertaken at the Fernald facility is proposed for disposal at the Site Y disposal facility. Sufficient capacity is available to dispose of the amount of the waste to be generated. The waste is included in the performance assessment and composite analysis, and controls are established. These include provisions for stabilizing the waste and placing it in specially designed boxes, for additional analysis of the cover that will eventually be placed on the disposal unit used, and for additional information in the records for the disposal facility concerning the nature of the waste in this specific disposal unit. Example 4: Small quantities (a few vials) of paints and other items containing radium are discovered among the radioactive materials that DOE has agreed to take possession of from a university professor who retired. DOE has no use for the materials, and is not aware of any needs outside of the Department. The material is considered waste, and is disposed by the laboratory personnel who took possession of the materials as low-level IV-14 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements waste, after consultation with the disposal facility who will receive the waste that the amount is not significant and no additional controls for its disposal are needed. In addition, naturally occurring or 11e.(2) byproduct material determined to be manageable as low-level waste that is also mixed with constituents covered under RCRA or TSCA must also meet all of the requirements in those laws and be managed as mixed low-level waste in accordance with DOE O 435.1 and DOE M 435.1-1. Supplemental References: 1. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., 1984. 2. Federal Facility Compliance Act of 1992, as amended, October 6, 1992.

3. Toxic Substances Control Act, as amended, October 11, 1976. 4. Uranium Mill Tailings Radiation Control Act, as amended, 42 U.S.C. 7901 et seq., 1978. 5. EPA, 1993. “Final Rule; Environmental Radiation Protection Standards for the Management and Disposal of Spent Nuclear Fuel, High-Level and Transuranic Radioactive Wastes,” Federal Register, Vol. 58, No. 242, U.S. Environmental Protection Agency, Washington, D.C., December 20, 1993. 6. EPA. 40 CFR Parts 260-270, U.S. Environmental Protection Agency, Washington, D.C. 7. EPA. Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions, 40 CFR Part 761, U.S. Environmental Protection Agency, Washington, D.C. 8. EPA, 1996. U.S. Environmental Protection Agency Catalog of Hazardous and Solid Waste Publications, EPA530-B-96-007, U.S. Environmental Protection Agency, Washington, D.C., September 1996. 9. EPA, 1973. National Emissions Standards for Hazardous Air Pollutants – National Emission Standard for Asbestos, 40 CFR Part 61, Subpart M, U.S. Environmental Protection Agency, Washington, D.C., April 6, 1973. 10. DOE, 1990. Radiation Protection of the Public and Environment, DOE 5400.5, U.S. Department of Energy, Washington, D.C., February 8, 1990. DOE G 435.1-1 IV-15 7-09-99 Chapter IV - Low-Level Waste Requirements IV. C. Complex-Wide Low-Level Waste Management Program. A complex-wide program and plan shall be developed as described under Responsibilities, 2.B and 2.D, in Chapter I of this Manual. Objective: The objective of this requirement is to ensure the development, documentation, and implementation of a complex-wide low-level waste management program to provide for cost-efficient and integrated management of low-level waste throughout the complex and within individual site radioactive waste management programs. Mixed low-level waste is, as appropriate, reflected in low-level waste plans and through its own program plan. Discussion: The Department’s management of low-level waste occurs at numerous sites that generate, stage, and store waste, and at several sites that treat and dispose of the waste. A complex-wide program and plan establish the overall mission for the Department’s management of low-level waste and to provide a framework within which the individual site programs operate. The Radioactive Waste Management Manual, DOE M 435.1-1, General Requirements (Section I.2.B) assigns the Assistant Secretary for Environmental Management the responsibility for developing and maintaining complex-wide, waste-type programs. The Manual General Requirements (Section I.2.D) also assigns the Deputy Assistant Secretary for Waste Management the responsibility for developing and implementing complex-wide, waste-type program plans. The complex-wide low- level waste management program and plan are developed following the guidance provided for DOE M 435.1-1, Section I.2.B and I.2.D requirements. Mixed Low-Level Waste Program. Mixed low-level waste is managed within the Department through an existing Mixed Low-Level Waste Management Program. Appropriate management interfaces and exchanges of technical information need to be identified in the low-level waste management program wherever necessary to affect safe and effective management of both mixed and non-mixed low-level waste. The systematic planning of mixed low-level waste can either be integrated with low-level waste planning or as a subset of low-level waste as appropriate. Mixed low-level waste interfaces, exchanges, inputs, and subsets discussions need to be included in the documentation of the complex-wide low-level waste management program and in the site radioactive waste management programs, as appropriate. The low-level and mixed low-level waste management programs should utilize existing data wherever possible.

Example: A laboratory facility is providing information to be included in the Complex-Wide Low-Level Waste Management Program Plan. Existing mixed low-level waste data and plans from the lab’s Site Treatment Plan prepared under the Federal IV-16 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements Facilities Compliance Act are provided and are included in the appropriate sections of the Complex-Wide Program Plan or in a separate Mixed Low-Level Waste Management Program Plan, as needed. Greater-Than-Class C Program. Commercial Greater-than-Class C (GTCC) radioactive waste (generated by an NRC licensee) is also managed within an existing GTCC Program in the Department. Appropriate management interfaces and exchanges of technical information also need to be identified in the low-level waste management program wherever necessary to ensure safe and effective management of both DOE low-level waste and commercial GTCC low-level waste. The systematic planning of commercial GTCC waste management can either be integrated with the low-level waste planning or as a subset of low-level waste, as appropriate. Commercial GTCC low-level waste interfaces, exchanges, inputs, and subsets discussions need to be included in the documentation of the complex-wide low-level waste management program and in the site radioactive waste management programs, as appropriate. The low-level waste management and the GTCC programs should utilize existing data wherever possible. As specified in the Low-Level Radioactive Waste Policy Act, the facility that will be used to dispose of commercially generated GTCC from NRC licensees must be licensed by the NRC, in accordance with 10 CFR Part 61. Therefore, the Complex-Wide Low-Level Waste Management Program, and the site-wide programs where commercial GTCC will be managed until disposal, needs to include inventory control, waste tracking, and recordkeeping that will lead to the successful licensing of the commercial GTCC disposal facility. Performance Assessment and Composite Analysis Maintenance. Performance assessments of DOE low-level waste disposal facilities have been developed over a number of years. Composite analyses for low-level waste disposal facilities have recently been developed. Maintenance of these analyses is required to ensure that performance assessments and composite analyses adequately represent the current and expected future state of the low-level waste disposal facilities for which they are required. Such maintenance is properly the responsibility of the individual DOE sites conducting performance assessments and composite analyses. However, to promote efficient use of resources and foster an appropriate degree of consistency among the site programs, a complex-wide performance assessment and composite analysis maintenance program should be developed and implemented as part of the Complex-Wide Low-Level Waste Management Program as described in the Complex-Wide Strategy for Maintenance of Department of Energy Low-Level Waste Disposal Facility Performance Assessment and Composite Analysis. Compliance with this requirement is demonstrated by the presence of the performance assessment and composite analysis maintenance element in the Complex-Wide Low-Level Waste Management Program, and the appropriate inclusion of interfaces, technical information, data, DOE G 435.1-1 IV-17 7-09-99 Chapter IV - Low-Level Waste Requirements

inputs, and subsets of the DOE mixed low-level waste program and the commercial GTCC programs into the Complex-Wide Low-Level Waste Management Program. Supplemental References: 1. DOE, 1998. Complex-Wide Strategy for Maintenance of Department of Energy Low- Level Waste Disposal Facility Performance Assessments and Composite Analyses, U.S. Department of Energy, Washington, D.C., October 1998. IV-18 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements IV. D. Radioactive Waste Management Basis. Low-level waste facilities, operations, and activities shall have a radioactive waste management basis consisting of physical and administrative controls to ensure the protection of workers, the public, and the environment. The following specific waste management controls shall be part of the radioactive waste management basis: (1) Generators. The waste certification program. (2) Treatment Facilities. The waste acceptance requirements and the waste certification program. (3) Storage Facilities. The waste acceptance requirements and the waste certification program. (4) Disposal Facilities. The performance assessment, composite analysis, disposal authorization statement, closure plan, waste acceptance requirements, and monitoring plan. Objective: The objective of this requirement is to ensure that the hazards associated with low-level waste management facilities, operations, and activities have been identified, their potential impacts analyzed, and appropriate controls documented, implemented, and maintained for the protection of workers, the public, and the environment. Discussion: As described in the guidance on DOE M 435.1-1, Section I.2.F.(2) requires the radioactive waste management basis to provide for development and documentation of controls to ensure the safe and efficient management of radioactive waste. Requiring an approved radioactive waste management basis for the initiation of new, or continuation of existing, radioactive waste management activities should prevent the operation of facilities without the appropriate controls. The term “controls” used here and elsewhere in the discussion of a radioactive waste management basis refers to processes, procedures, equipment, instruments, and other items that are intended to curb the likelihood of, or the consequences from, a problem that could arise from managing radioactive waste. Controls includes such things as placards, alarms, tools, shielding, training checklists, duplication of critical steps, redundant monitoring, analysis, sampling and testing, etc. As discussed in Section I.2.F.(2), the radioactive waste management basis for low-level radioactive waste management facilities, operations, and activities must be documented. DOE G 435.1-1 IV-19 7-09-99 Chapter IV - Low-Level Waste Requirements The required elements of the radioactive waste management basis vary with the type of waste management operation or facility and the types of hazards associated with the facility. As stated in the introductory statement of this requirement, the items required for a radioactive waste management basis listed in the requirement for the four types of low-level waste management facilities, operations, and activities is not a complete list of those items which should be included in a radioactive waste management basis. Several processes, procedures, and documents that are required by other directives and requirements provide for radioactive waste management controls that should be considered part of the radioactive waste management basis. The guidance on DOE M 435.1-1, Section I.2.F.(2) discusses this aspect of the radioactive waste management basis in detail.

Example: Site Q operates a low-level waste storage facility. The Field Element staff is required to ensure that it operates under a radioactive waste management basis. The staff reviews the items in the requirement cited above, plus the facility-specific procedures for implementing the site's radiological control program, health and safety plan, training program, quality assurance program, and record-keeping plan, and determines an adequate radioactive waste management basis exists. Also, as discussed in the DOE M 435.1-1, Section I.2.F.(2) guidance, if a low-level waste management facility already operates under an approved Authorization Basis, it may not need any additional controls to demonstrate that it has a radioactive waste management basis. In this case, the Authorization Basis documentation is reviewed and evaluated to determine whether it sufficiently covers the requirements needed for a radioactive waste management basis. The Field Element Manager has the responsibility to ensure the low-level waste management facilities under his or her authority have a radioactive waste management basis. Example: The Authorization Basis documentation for a Liquid Radioactive Waste Handling Facilities at Site T, which includes a Liquid Treatment Facility (a low-level waste treatment facility), is reviewed. Based on the review, it is determined that the following Authorization Basis documents and associated programs include significant descriptions of the controls for the management of low-level waste at the Effluent Treatment Facility: C Safety Analysis Reports (SARs) C Technical Justification for Continued Operation/Basis for Interim Operation/Design Basis Accident Analysis Report C Operational Safety Requirements/Technical Safety Requirements (includes waste acceptance requirements of the Effluent Treatment Facility) C Technical Standards C SAR Update Request Packages IV-20 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements C Other Documents Identified by DOE and the contractor as Authorization Basis Documents (Safety Evaluations, Exemptions, Unreviewed Safety Questions Evaluation) C DOE Safety Evaluation Reports C Listing of Documents that are to be Configuration Managed but are not AB Documents (includes Liquid Treatment Facility Waste Certification Program Plan for certifying waste to the Solid Waste Disposal Area) Following analysis of the information, the DOE field office concludes the complete set of operational requirements relied upon by the site to ensure that the public, workers, and the environment are protected from the hazards associated with the management of the radioactive waste at the Liquid Treatment Facility are in place. A radioactive waste management basis statement is prepared that concludes the basis is covered in the Authorization Basis documents. For a facility that generates low-level waste, the radioactive waste management basis is to include the program for certifying that waste meets the waste acceptance requirements of the facility(ies) to which the waste will be sent. The waste certification program is reviewed against the applicable requirements of DOE M 435.1-1 and approved in accordance with the manual before becoming part of the radioactive waste management basis. As discussed in guidance on DOE M 435.1-1, Section I.2.F.(2), several other processes and procedures will contribute to a complete radioactive waste management basis at a generating facility.

Example: A small laboratory facility on DOE’s Site R generates low-level waste. The radioactive waste management basis for the facility is established through the review and approval of the lab’s waste certification procedure and a review of the following for adequacy: the site Health and Safety Plan, the site Training Program, and the site Waste Transfer Procedure. This is documented in a radioactive waste management basis statement covering the laboratory. Facilities that store or treat low-level waste are to have approved waste acceptance requirements (see DOE M 435.1-1, Section IV.G) prior to the issuance of a radioactive waste management basis. The waste acceptance requirements will usually suffice as the documentation of the radiological, physical, and chemical limitations on waste that can be safely received at the facility, provided they are developed correctly considering the hazards of the waste to be managed, and are kept up-to-date. A facility that stores or treats waste also is generally expected to have a waste certification program. Waste from these facilities will have to be certified as meeting the waste acceptance requirements of the facility to which it will be transferred, and the facilities have the potential for generating radioactive waste (e.g., secondary processing streams from treatment, monitoring and sampling, radioactive release cleanup). Consequently, storage and treatment DOE G 435.1-1 IV-21 7-09-99 Chapter IV - Low-Level Waste Requirements facilities should also have an approved waste certification program as part of their radioactive waste management basis. The radioactive waste management basis for low-level waste disposal facilities is to be based on documented controls similar to those discussed for treatment or storage facilities, but with additional conditions imposed by the performance assessment and composite analysis required in DOE M 435.1-1, Section IV.P and by the disposal authorization statement issued following Headquarters review and approval of the performance assessment and composite analysis. As described in DOE M 435.1-1, Sections IV.Q and IV.R, the preliminary closure plan and preliminary monitoring plan are also to be reviewed as part of the evaluation of the performance assessment and composite analysis leading to the issuance of the disposal authorization statement. The results of the performance assessment and composite analysis, along with the controls based on the safety analyses required by DOE 5480.23, provide the basis by which the quantities and concentrations of radionuclides that can be accepted for disposal will be identified and documented in the waste acceptance requirements. The responsibility for the radioactive waste management basis for low-level waste disposal facilities resides with the Field Element Manager. However, Headquarters review and approval of the performance assessment and composite analysis and issuance of the disposal authorization statement is necessary prior to issuance and documentation of the radioactive waste management basis, in accordance with the requirements in the Manual. Also, the documents required for the radioactive waste management basis for disposal facilities are related to one another and depend on information contained in or as a result of information or analysis in one or another of the other documents.

Example: The radioactive waste management basis for a low-level waste disposal facility, includes (among many controls, including safety and health plans, training programs, etc.) limits on tritium that can be accepted in a disposal unit, as calculated by the performance assessment. This limitation is included in the waste acceptance requirements of the facility as a limit per package. The disposal authorization statement also includes a condition that the closure plan is to be updated within 18 months of the issuance of the disposal authorization statement to include consistent monitoring locations with the preliminary monitoring plan submitted separately. The radioactive waste management basis statement references the disposal authorization statement to include these conditions for continued operations. The Headquarters review and approval of the performance assessment and composite analysis will lead to the issuance of the disposal authorization statement to the Field Element Manager, who should combine this with his/her own findings on the waste acceptance criteria and preliminary closure and monitoring plans to document the radioactive waste management basis for the disposal facility. Guidance on DOE M 435.1-1, Sections IV.P.(2) [performance assessment], IV-22 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements IV.P.(3)[composite analysis], IV.P(5)[disposal authorization statement], IV.Q.(1)[preliminary closure plan], and IV.R.(3)[preliminary monitoring plan] provide details on what information needs to be addressed in these documents for review and approval for a radioactive waste management basis to be issued. As part of the radioactive waste management basis, site personnel needs to implement a system or process for tracking the waste inventory at a storage, treatment, or disposal facility. Tracking the waste inventory is a means of ensuring that radionuclide limits established in accordance with a safety analysis or performance assessment will not be exceeded. In addition, a system or process for accurately tracking waste received at a facility can facilitate providing information to the complex-wide waste management data system (see guidance Section I.2.D.(2)). Compliance with this requirement is demonstrated by a demonstrated radioactive waste management basis that is signed by the Field Element manager or a designee for each low-level waste management facility, operation, or activity. Using a graded approach, it may be possible to include multiple activities under a single radioactive waste management basis, but it should be possible to objectively identify which activities are covered. Further, the documented radioactive waste management basis includes or references the controls that are established on a facility- specific basis to address the unique waste management requirements and circumstances for each facility, operation, and/or activity. Example: A storage facility that stores mixed and non-mixed low-level waste has approved waste acceptance requirements and a waste certification process that enables low-level waste to be stored for 9 months and then shipped to a specific facility for disposal. The mixed low-level waste is stored indefinitely. The radioactive waste management basis statement references the waste certification process and the waste acceptance requirement documentation, which in turn invokes the waste acceptance requirements of the disposal facility. In addition to other site-wide programs and plans (e.g., radiological control, health and safety, training), the radioactive waste management basis statement also cites the RCRA permit issued for storage of mixed low-level waste, and the facility operating procedure for segregating mixed and non-mixed waste within the facility.

Supplemental References: 1. DOE, 1992. Nuclear Safety Analysis Reports, DOE 5480.23, U.S. Department of Energy, Washington, D.C., April 10, 1992. DOE G 435.1-1 IV-23 7-09-99 Chapter IV - Low-Level Waste Requirements IV. E. Contingency Actions. The following requirements are in addition to those in Chapter I of this Manual. (1) Contingency Storage. For off-normal or emergency situations involving high activity or high hazard liquid low-level waste storage or treatment, spare capacity with adequate capabilities shall be maintained to receive the largest volume of liquid contained in any one storage tank or treatment facility. Tanks or other facilities that are designated low-level waste contingency storage shall be maintained in an operational condition when waste is present and shall meet the requirements of DOE O 435.1, Radioactive Waste Management, and this Manual. (2) Transfer Equipment. Pipelines and auxiliary facilities necessary for the transfer of high activity or high hazard liquid low-level waste to contingency storage shall be maintained in an operational condition when waste is present and shall meet the requirements of DOE O 435.1, Radioactive Waste Management, and this Manual. Objective: The objective of this requirement is to mitigate the impacts on the public, workers, or environment in the event that a leak develops in a tank storing high activity or high hazard liquid low-level waste or in a facility processing such waste. The mitigation is provided by ensuring spare waste storage capacity is a required part of a site’s emergency management program. To meet this objective, there needs to be both capacity to handle the largest volume of any single storage tank or liquid waste in process, and the capability to transfer the waste. Discussion: This requirement shall be implemented through and included in site emergency management programs that are required by DOE O 151.1, Comprehensive Emergency Management System. The directive DOE O 151.1 is referenced in DOE M 435.1-1, Chapter I and considered necessary for the safe management of radioactive waste. The Comprehensive Emergency Management System requires the development of a complex-wide system for preparing for and managing emergencies. At the site level, personnel are to establish an Operational Emergency Base Program that provides the framework for responding to events involving, among other subjects, health and safety, and the environment. The program requires a qualitative hazards survey to identify the emergency conditions, describe the potential impacts, and summarize the planning and preparedness requirements that apply. IV-24 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements During the development of the requirements of DOE M 435.1-1, Radioactive Waste Management Manual, a waste management hazard and safety analysis identified the loss of containment of a storage tank or waste processing facility containing radioactive liquids as a hazard requiring mitigation. In addition to requiring facility designs to maintain waste confinement (see DOE M 435.1, Section IV.M.(2)), the ability to respond to leaks or other off-normal conditions if they occur was also considered necessary. Consequently, the requirements to have adequate spare capacity and the ability to transfer waste to the spare capacity were established.

Liquid low-level waste is considered high activity if procedural or physical controls are required to protect workers from radiation exposure. Liquid low-level waste is considered a hazard if it presents a situation that has the potential to adversely impact the health and safety of personnel, the public, or the environment. High hazards are those with the potential for onsite and offsite impacts to large numbers of persons or with the potential for major impacts to the environment or national security. Operating procedures are developed and utilized for transfer of high activity or high hazard liquid low-level waste to contingency storage. The procedures should address maximum operational capacities and limits for components of the operational system (e.g., spare storage capacity available in tanks). The procedures should define and address all possible emergency transfer scenarios needed to comply with this requirement. Contingency Storage. Contingency storage is to be provided for both stored liquid low-level waste and for liquid low-level waste treatment facilities. In the case of storage tanks, adequate volumetric capacity must be available to receive the largest volume of waste stored in any single tank. In the case of a treatment facility, adequate capacity must be available to allow all in- process liquids in the facility to be moved into storage in the event of emergency or off-normal conditions. A number of factors are considered in maintaining spare capacity. First, the requirement includes a provision that the spare capacity has “adequate capabilities.” Therefore, the spare capacity must have the necessary features and functionality as dictated by the design and safety analysis for the facility and wastes of concern. Features to be taken into account include appropriate materials of construction, shielding, ventilation and filtration, heat dissipation, liquid level monitoring, and mixing. Similarly, if the waste that may need to be transferred is regulated by some external regulation (e.g., RCRA), the tank(s) that would be used for spare capacity should be properly permitted. Likewise, the design bases events for the facility must be considered in determining the design of contingency storage, and whether some events may be severe enough that additional considerations must be included in the siting design, or operation of contingency storage to ensure its availability if there were a leak in an existing storage tank. DOE G 435.1-1 IV-25 7-09-99 Chapter IV - Low-Level Waste Requirements The requirement specifies that the contingency storage provided is to meet the requirements of DOE O 435.1 and DOE M 435.1-1. Of prime interest is the ability of existing contingency tanks or other facilities to meet the requirements for confinement in Low-Level Waste Treatment and Storage Facility Design DOE M 435.1-1, Section IV.M.(2). Additionally, compliance with the requirements for ventilation, instrumentation and control systems, and monitoring systems for storage facilities is also very important for tanks or facilities that will be used for contingency storage. Meeting these requirements, in combination, ensures that the use of existing tanks or other facilities for contingency storage minimize the potential impacts of off-normal or emergency situations involving high activity or high hazard liquid low-level waste.

Spare capacity may be provided by a single tank or by the combined available volume in multiple tanks. In cases where radiation fields are sufficiently low, spare short-term capacity may be able to be provided by portable tanks, tankers (i.e,. railroad cars), or tank trucks, provided that all applicable requirements can be met. Due to the potential of airborne radioactive material, impoundments or bermed areas open to the air generally should not be used for spare storage capacity, unless a safety analysis shows that the risk to workers and the public is low. Example: Liquid radioactive waste is stored in six underground storage tanks with a design capacity of 250,000 gallons each. The waste in the all tanks has the same chemical and radiological characteristics. One tank contains 200,000 gallons and each of the others contain about 100,000 gallons. Capabilities exist to retrieve waste and transfer it among the six tanks. This system meets the requirement because the largest volume of 200,000 gallons can be distributed between any two of the other tanks. Transfer Equipment. The ability to perform waste transfer is just as important as having the capacity. Equipment necessary to transfer each tank or treatment facility volume of high activity or high hazard liquid low-level waste in the event of a leak or other off-normal condition is to be identified and documented. Example: Liquid radioactive waste is stored in six underground tanks with the volumes and characteristics described in the previous example. Although there are transfer lines to any of the tanks from a central diversion box, the tanks were constructed without the capability to retrieve the waste. This situation does not comply with the requirement. Although there is adequate capacity, the ability to transfer the waste does not exist. Equipment necessary to transfer the contents of each tank is tested and inspected as part of a routine maintenance program (see DOE M 435.1-1, I.1.E.(9)). Special attention should be given to including in the maintenance program equipment and transfer lines that are not routinely used in managing liquid wastes. Inspection and testing includes the following items: IV-26 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements • leak testing of transfer pipelines; • ensuring the availability of any jumpers necessary for completing waste transfer; • confirming that instrument panels, control panels, valves, pumps and any necessary ventilation equipment is supplied with the necessary electrical power, air (for pneumatically-controlled items), steam, and water; and • performing functional tests of instruments, controls, valves, pumps, and ventilation equipment. The capability to perform an emergency transfer of high activity or high hazard liquid low-level waste is to be maintained at all times. Therefore, every shift must include or have immediate access to qualified individuals and the equipment necessary to perform transfers in a timely manner, unless analysis of the hazards associated with the waste concludes that an immediate transfer is unnecessary. Example: A large shielding block is in place over a jumper pit that needs to be accessed during an emergency transfer of liquid waste. The block can only be moved by a crane. Therefore, implementation of this requirement entails making sure that the crane is always operationally available (in a matter of hours rather than days) and every shift has access to an individual qualified to operate the crane and remove the block.

Spare capacity may also be shared by different waste types, however mixing radioactive wastes of different types should be evaluated and is generally not acceptable. Example: A tank farm contains both high activity liquid low-level waste and liquid transuranic waste in separate tanks and a third empty tank for contingency. An empty mobile tank is maintained and available for emergency transfers of either waste in the event that the contingency tank must be used by either the low-level transuranic waste. Mixing waste types is prohibited in this case. Compliance with these requirements are demonstrated if adequate spare capacity and transfer equipment exists for emergency transfers of all high activity and high hazard liquid low-level waste. In addition, the capability to perform emergency transfers is demonstrated by having waste transfer routings identified, operational procedures to direct transfers, staff trained to the procedures, and records showing that the spare capacity and transfer capability are kept in operating condition. DOE G 435.1-1 IV-27 7-09-99 Chapter IV - Low-Level Waste Requirements Supplemental References: 1. DOE, 1995. Comprehensive Emergency Management System, DOE O 151.1, U.S. Department of Energy, Washington, D.C., September 25, 1995. IV-28 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements IV. F. Corrective Actions. The following requirements are in addition to those in Chapter I of this Manual. (1) Order Compliance. Corrective actions shall be implemented whenever necessary to ensure the requirements of DOE O 435.1, Radioactive Waste Management, and this Manual are met. Objective: The objective of this requirement is to ensure that actions will be taken to preclude, minimize, or mitigate hazards whenever a situation arises at a low-level waste management facility that could threaten worker or public safety, or the environment. Discussions: DOE M 435.1-1, Section I.2.G states that all personnel have a responsibility to identify conditions that require corrective actions to achieve compliance with the Order and Manual requirements or to address health and safety conditions that pose an imminent or possible danger. The Manual states that this responsibility includes considering shutdown or curtailment of facilities and activities, if warranted by the seriousness of the circumstances. This requirement ensures that this responsibility is implemented for all low-level waste management facilities and activities. Corrective actions are activities which, when implemented, will address and correct noncompliant or hazardous conditions. Corrective actions can include improvements to documentation (e.g., procedures, plans, authorization basis documents), training and qualification programs or procedures, physical and process design changes, changes to operating conditions, or a combination of these activities. Corrective Action System. A corrective action system exists for addressing noncompliant or hazardous conditions for low-level waste management facilities, operations, and activities. Corrective actions in response to quality assurance program assessments are addressed in the Implementation Guide for Use with Independent and Management Assessment Requirements of 10 CFR 830.120 and DOE O 414.1 Quality Assurance. The corrective action system provides for documenting noncompliant or hazardous conditions, identifying the organizations or individuals responsible for developing and implementing corrective actions, providing corrective action status, and tracking progress through final implementation of the actions. The corrective action system is instituted as a fundamental part of the systematic evaluation of radioactive waste activities that is implemented by the site-wide radioactive waste management program (see guidance for DOE M 435.1-1, Section I.2.F.(1)).

DOE G 435.1-1 IV-29 7-09-99 Chapter IV - Low-Level Waste Requirements A problem requiring corrective action could range from a minor deviation from a procedure, to a situation that poses an immediate threat to health and safety from an uncontrolled release of large quantities of radioactive material. For situations where a problem could pose an immediate risk to a worker, member of the public, or damage to the environment, immediate shutdown of the process or facility may be appropriate as the first step in addressing the problem (see guidance for DOE M 435.1-1, Section IV.F.(2)). Example: An employee of the Site Q laboratory facility noticed that a drum of mixed low-level waste which was supposed to be closed and ready for shipment did not have a rim lock and was not correctly labeled. He alerted the lab manager, who alerted central waste management. The laboratory corrective action system resulted in a corrective action plan that identified the lab manager as the responsible individual for producing a revised procedure on locking and labeling waste drums, and providing training to the lab staff. A reminder memo was sent to affected staff and a follow-up review was scheduled for 45 days after the occurrence . If a facility or activity can be allowed to operate while a noncompliant or hazardous condition exists, the allowance and any associated limitations must be defined as part of the facility or activity’s radioactive waste management basis, identified as a configuration controlled item in a configuration management plan or included in a revision or modification to an operating procedure or similar controlled documentation. If a noncompliance impacts safety associated with use of a procedure, system, or facility, the corrective action system must provide for preventing the use (e.g., locking out) of the affected procedure, system, or facility. Example: In the example above, waste generation was temporarily curtailed so that no new waste drums would be filled until the revised procedure was in place. Waste generation was allowed to resume as the training took place. No new drums were ready for locking and labeling until training had been completed. Corrective Actions for Low-Level Waste Disposal Facilities. Situations could be present at low- level waste disposal facilities that may require corrective measures even though there is no immediate or obvious safety or environmental concern. This is because some situations, left unchecked, could result in performance degradation to an extent that the ability of the disposal facility to continue to meet performance objectives could be compromised at some time in the future. Monitoring to detect degrading performance factors must be incorporated in the performance monitoring plan required by DOE M 435.1-1, Section IV.R (see guidance on DOE M 435.1-1, Section IV.R.(3)(c)). Some factors that should be considered include: IV-30 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements • Routine and special inspection of site conditions; • Detection of events or conditions that could degrade performance of the disposal site; • Periodic studies and surveys to determine the extent of migration of radionuclides, projection of potential future public doses, and their significance relative to the performance objectives; • Specification of graded levels of response for each pathway; and • Identification of corrective measures.

Conditions that have resulted in, or may lead to, site performance failure from ponding or flooding need to be corrected or mitigated as necessary. Ponding and flooding at the site provide opportunity for increased infiltration of water into the waste disposal units. Corrective measures to be considered include filling and regrading of the ponded area, construction of adequate surface water control systems such as dikes or diversion dams, and contouring of surfaces to control surface runoff. Conditions at the disposal facility that may lead to site performance failure because of water accumulation in excavations also need to be corrected. Hydrologic conditions to be considered include: • Infiltration through the excavation cover; • Lateral intrusion; and • Elevation of the water table. Other site conditions to be considered include subsidence or cracking of the excavation cover and inadequate or damaged surface water diversion system. Corrective measures to be considered include: • Reduction of the permeability of the excavation cover by compaction; • Contouring of the cover material for controlled removal of surface water; • Installation of subsurface drainage; • Installation of barriers of low-permeability materials; DOE G 435.1-1 IV-31 7-09-99 Chapter IV - Low-Level Waste Requirements • Modification of nearby topography and surface material to reduce infiltration into the surrounding soils; • Excavation of cover subsidence zone (add fill material, compact, contour, and stabilize, if subsidence is due to voids between packages, grout can be injected into void space); • Pothole subsidence (fill, compact, and recontour); • Cracking (excavate zone around crack, fill, compact, and recontour); • Design and installation of diversion system to prevent offsite surface water from entering the site; and • Repair or installation of onsite drainage system to remove onsite runoff. Conditions at the site that may lead to exposure of the waste need to be corrected, since such exposure is a danger to workers and provides the opportunity for radionuclide transport by surface water and air pathways or by vectors (insects, rodents, etc.). These conditions include wind and water erosion of the excavation cover, subsidence or cracking of the excavation cover, burrowing by animals into the waste, and growth of deep-rooted plants. Corrective measures to be considered include: • Filling and regrading the surface; • Establishing erosion resistant cover; • Filling of burrow holes; • Installing physical, chemical, and/or biological barriers; • Removal of deep-rooted plants; and • Vector control. Compliance with this requirement is demonstrated if a corrective action system addresses noncompliant or hazardous situations involving low-level waste management facilities in a systematic fashion, and allows identification of problems by all personnel. IV-32 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements Supplemental References: 1. DOE, 1996. Implementation Guide for Use with Independent and Management Assessment Requirements of 10 CFR 830.120 and DOE O 414.1 Quality Assurance, DOE G 414.1-1, U.S. Department of Energy, Washington, D.C., August 1996. 2. DOE, 1990. Environmental Monitoring for Low-level Waste Disposal Sites: Low-level Management Handbook Series, Revision 2, DOE/LLW-13Tg, National LLW Management Program, Idaho Falls, ID, 1990.

3. DOE, 1986. Exposure and Improved Techniques in Radiological Environmental Monitoring at Major DOE Low-level Waste Disposal Sites, DOE/LLW-54T, National LLW Management Program, Idaho Falls, ID, 1986. IV. F.(2) Operations Curtailment. Operations shall be curtailed or facilities shut down for failure to establish, maintain, or operate consistent with an approved radioactive waste management basis. Objective: The objective of this requirement is to limit the operation of waste management activities and facilities as necessary to avoid creation of near- or long-term safety or environmental hazards. Discussion: DOE M 435.1-1 requires that a radioactive waste management basis be established for each low-level waste management facility, operation, or activity. The radioactive waste management basis documents the conclusion that the potential hazards from management of radioactive waste have been sufficiently evaluated and that adequate controls are in place to provide assurance that the public, workers, and the environment are being protected. Field Element Managers are responsible for ensuring a radioactive waste management basis is developed, reviewed, approved, and maintained for each DOE radioactive waste management facility, operation, or activity (DOE M 435.1-1, Section I.2.F.(2)). The guidance for that requirement should be consulted for additional details on the development, review, and approval of a radioactive waste management basis. Also, additional discussion concerning the radioactive waste management basis for low- level waste generator, treatment, storage, and disposal facilities is discussed under guidance for DOE M 435.1-1, Section IV.D. As part of the Field Element Manager’s responsibilities for maintaining the radioactive waste management basis for low-level waste management facilities, operations, and activities under DOE G 435.1-1 IV-33 7-09-99 Chapter IV - Low-Level Waste Requirements his/her authority, the Field Element Manager evaluates the compliance of the facilities, operations, and activities with the constraints and controls documented in the radioactive waste management basis by ensuring that routine assessments are conducted. If the Field Element Manager determines, either through routine assessment or by virtue of an occurrence or off normal event, that an operation, activity, or facility is not operating in compliance with an approved radioactive waste management basis, it must be curtailed or shut down. The action taken is commensurate with the hazards associated with the noncompliance and with the continued operation of the facility. This requirement is to be implemented in a graded manner. Actions to be taken are based on assessments of adherence to radioactive waste management bases, and can range from shutdown of an operation or facility to placing limits or constraints on what activities can be performed or how the activities are to be performed. Shutdown of a facility involves stopping all operations in the facility except surveillance or monitoring activities necessary to maintain the facility in a safe standby condition. Shutdown is considered appropriate when there is either a potential imminent threat to safety or environmental protection that cannot be mitigated, or a blatant failure to establish or comply with a radioactive waste management basis.

Alternatively, there may be cases where the facility, operation, or activity assessment determines that the radioactive waste management basis is no longer current or has been violated, but there is no imminent threat to public, worker, or environmental protection. In such a case, the Field Element Manager may decide that shutdown of the facility is not necessary. It may be sufficient to impose certain limits until the radioactive waste management basis is made current. The limits imposed may prohibit the generation, receipt, or processing of certain waste streams, or may involve constraints on the processes that may be performed. Example: Site Q conducts bi-annual assessments of the Building B low-level and mixed low-level storage facilities for compliance with the radioactive waste management basis. The 1996 biannual assessment found two non-compliance findings and five observations. The corrective action system implemented at Site Q requires the non-compliance findings to be entered and formally responded to with corrective action plans, but not the observations. The non-compliances were in document control and training, so the storage activities were not curtailed in any way while the document control and training procedures were improved. The facility was assessed again in 1997 to determine if the corrections were in place, which was an accelerated assessment schedule from the normal bi-annual assessments. The action taken in response to the failure to establish a radioactive waste management basis is to be clearly documented in a formal communication (e.g., letter, memorandum). Such communication needs to identify the reason for the shutdown or curtailment, and identify what is necessary to initiate restart. Generally, development of a corrective action that is implemented IV-34 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements through the corrective action system discussed in the preceding section would be appropriate for responding to a shutdown or curtailment of activities at a low-level waste management facility. In concert with Core Requirement #6 of the Integrated Safety Management System, “Feedback and Improvement,” the Field Element Manager should use the audits and assessments to identify opportunities for improvement in the implementation of an activity or facility’s radioactive waste management basis. Identified improvement actions should be shared with like organizations and tracked by management to determine whether they are yielding the anticipated improvements. Communicating the results of assessment upward in the DOE and contractor organization will allow the findings to reach the management level with authority necessary to effect improvements. Compliance with this requirement is demonstrated with a documented system of routine assessments to determine whether waste management activities and facilities are operating in accordance with an approved radioactive waste management basis that provides for graded limitations that can be placed on activities and operations that do not have, or are operating outside of, an approved radioactive waste management basis, including shutdown of the facility. Supplemental References: 1. DOE, 1997. Safety Management Functions, Responsibilities, and Authorities Policy, DOE P 411.1, U.S. Department of Energy, Washington, D.C., January 28, 1997. 2. DOE, 1996. Safety Management System Policy, DOE P 450.4, U.S. Department of Energy, Washington, D.C., October 15, 1996.

3. DOE, 1997. Line Environment, Safety and Health Oversight, DOE P 450.5, U.S. Department of Energy, Washington, D.C., June 26, 1997. 4. DOE, 1997. Manual of Safety Management Functions, Responsibilities, and Authorities Manual, DOE M 411.1-1, U.S. Department of Energy, Washington, D.C., October 8, 1997. DOE G 435.1-1 IV-35 7-09-99 Chapter IV - Low-Level Waste Requirements IV. G. Waste Acceptance. The following requirements are in addition to those in Chapter I of this Manual. (1) Technical and Administrative. Waste acceptance requirements for all low- level waste storage, treatment, or disposal facilities, operations, and activities shall specify, at a minimum, the following: (a) Allowable activities and/or concentrations of specific radionuclides. (b) Acceptable waste form and/or container requirements that ensure the chemical and physical stability of waste under conditions that might be encountered during transportation, storage, treatment, or disposal. (c) Restrictions or prohibitions on waste, materials, or containers that may adversely affect waste handlers or compromise facility or waste container performance. Objective: The objectives of the waste acceptance requirements are to ensure that low-level waste which is received at a facility contains only the radionuclides that the facility can safely manage, and only in concentrations and/or total activities which are compatible with the work to be undertaken in the facility; ensure that low-level waste which is to be received at a facility is in a form or container that will maintain its integrity and retain acceptable configuration under the conditions that are expected to be encountered during the management steps the waste will undergo; and ensure that no low-level waste received at a facility contains materials that will compromise the safety or integrity of the facility under the expected operating conditions. Discussion: As discussed in Section I.2.F.(6) of the guidance for Chapter I, General Requirements, the waste acceptance requirements establish the conditions for waste that facilities can safely receive. Therefore, the acceptance requirements for a low-level waste storage, treatment, or disposal facility include all requirements that low-level waste must meet to be acceptable for receipt, and for the subsequent storage, treatment, or disposal, as appropriate. In conducting the analyses for development of the DOE M 435.1-1 requirements, minimum acceptance requirements that must be specified in the waste acceptance documentation for storage, treatment, and disposal facilities in order for low-level waste to be safely handled were identified. DOE M 435.1-1, Sections IV.G.(1) (a) through (c), and (e) provide minimum IV-36 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements acceptance requirements that must be in all low-level waste storage, treatment, and disposal facility waste acceptance requirements. DOE M 435.1-1, Section IV.G.(1)(d) provides additional minimum acceptance criteria that must be in all low-level waste disposal facility requirements. Guidance on subrequirement (a) is provided below under Radionuclide Content or Concentration. Guidance on subrequirements (b) and (c) is provided under Waste Form and Package Criteria and Prohibitions. Guidance on subrequirements (d) and (e) is provided under the citations of those requirements following the guidance on subrequirements (a) through (c).

Development of Waste Acceptance Requirements. A facility receiving waste for storage, treatment, or disposal is required to document the waste acceptance requirements for the facility. These requirements have their foundation in facility design capabilities such as volume, handling weight, allowable contents, and radiological limits (i.e., criticality, radiation, contamination). Other requirements may include any number of regulations promulgated by the EPA, NRC, DOT, the host state, and DOE itself. The designer and operator of the facility receiving waste are likely to be most knowledgeable and understanding of the requirements and limitations of the facility and, therefore, are in the best position to establish the waste acceptance requirements or criteria that must be met for waste sent to the facility. A low-level waste management facility at a site may have its own specific stand-alone waste acceptance requirements. Or a site may have general waste acceptance requirements applicable to all low-level waste management facilities at the site, with separate facilities, adding facility-specific acceptance requirements to the site waste acceptance requirements as necessary. This practice may be particularly effective at sites with many facilities which manage small quantities of waste with multiple locations for staging, storage, and/or central management of waste. At such facilities, most of the process and procedural waste acceptance requirements could be in one document applicable to the whole site, which would be supplemented with specific technical requirements for acceptance at each of the separate management locations. If activities across various facilities are similar, they could share the same supplemental waste acceptance requirements documents. Likewise, if several activities are carried out at locations that are close to one another, or are managed by the same entity, then one supplemental technical document may be prepared to cover those activities. The waste acceptance requirements and documentation for a facility receiving waste for storage, treatment, or disposal is prepared using a graded approach commensurate with the hazards associated with the management of the waste in the facility and the complexity of the activities to be conducted in the facility and upon the waste. The waste acceptance requirements document for a facility which receives major transfers of large quantities of low-level waste from many generators, or with high specific activities or highly variable contents may need to address many hazards and consequently be more detailed. By contrast, a storage facility which will only pass- through properly packaged waste directly to a disposal facility without any additional processing or packaging may only need a minimum set of requirements. Perhaps only a few administrative DOE G 435.1-1 IV-37 7-09-99 Chapter IV - Low-Level Waste Requirements requirements would be necessary for proper receipt of waste at such a storage facility, along with assurance that waste received at the storage facility meets the disposal facility technical waste acceptance requirements. Example 1: A large DOE low-level waste disposal facility accepts waste from many offsite generators, from a variety of processes, including a variety of types and concentrations of radionuclides. Waste acceptance requirements for receipt and disposal of low-level and mixed low-level waste are prepared as a stand-alone set of requirements due to the complexity and diversity of the wastes received. The processes for acceptance, and technical and administrative requirements for the waste are unique to this disposal facility.

Example 2: At a large DOE site, several facilities are used for storage of low-level waste. One waste acceptance requirements document is prepared containing all of the necessary administrative requirements for all storage buildings. Each storage facility has a technical procedure which contains the specific technical criteria for the facility, and which implements the administrative waste acceptance requirements document for the processes and forms, etc. that are needed for storage of low-level waste. The performance assessment, composite analysis, disposal authorization statement, safety analysis report, criticality analysis, and any other appropriate safety and/or authorization basis documents are to be used to establish the waste acceptance criteria for receiving facilities low-level waste for storage, treatment or disposal. These documents and analyses provide the basis for radioactivity (concentration and inventory) limits, waste classes or categories, waste form and/or packaging stability requirements, allowable chemical content, allowable free liquid content, and any other necessary waste package or form requirements to ensure that the facilities’ design bases, performance, and operating bases are protected. DOE M 435.1-1, Chapter IV requires the conduct of a performance assessment maintenance program. Under this program the performance assessment must be revised if changes occur in radionuclide inventories beyond expected limits, facility design, or the understanding of the site or any other features that change the conclusions of the existing performance assessment. Thus, when the performance assessment is changed, the waste acceptance requirements need to be reviewed to determine if the performance assessment changes affect any acceptance criteria. If so, then the acceptance requirements are modified as appropriate. Example: Monitoring wells located on the boundary of a low-level waste disposal facility indicate the presence of migrating radionuclides sooner than estimated by performance assessment calculations. The data affecting release rates for these radionuclides in the performance assessment are analyzed following this discovery. The analysis indicates the presence of a significant chemical catalyst which results in higher IV-38 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements release rates. The calculations in the performance assessment are updated and waste acceptance requirements and radionuclide inventory limits are revised based on the new performance assessment modeling results. Radionuclide Content or Concentration. Radiological limits for storage, treatment, and disposal facilities may be derived from a number of technical as well as administrative sources. In developing radionuclide limits, personnel need to consider legislative and/or regulatory limitations, the disposal facility performance assessment and composite analysis, safety analysis reports, and criticality analyses. In addition to establishing general radiological limits (e.g., a contact dose rate), these sources identify specific radionuclides whose concentration or total activity must be limited in the waste acceptance criteria in order to remain within the bounds for safe and legal facility operation.

The results of the performance assessment and composite analysis will provide information on certain critical radionuclides that are most important for assuring that the long-term performance of the low-level waste disposal facility will be maintained. In some cases, the critical radionuclides need to be specifically identified in the waste acceptance criteria, and additional technical or administrative requirements specified for them. A critical radionuclide may require specific information on the characterization documentation that must be input into the disposal facility records. The waste acceptance requirement documentation specifies what this information is and how it is to be provided to the facility receiving waste for storage, treatment or disposal. Example: The results of the performance assessment for a specific low-level waste disposal facility indicates that control of several specific radionuclides is important to the protection of ground water resources. The waste acceptance requirements for the facility state the limits on each of these radionuclides and that the amount of each of these nuclides must be specifically reported on the characterization documents for packages of low-level waste received at the facility. The waste acceptance requirements indicates that the lower limit of detection of equipment used to characterize waste must be included in the characterization information where a 0 (zero) is reported for any of these radionuclides. The performance assessment analysis may also indicate that some waste streams or forms to be disposed at the disposal facility being evaluated need to be packaged or otherwise disposed in a structurally stable form. These wastes may be identified specifically and identified in the waste acceptance requirements as needing to be structurally stable prior to acceptance at the disposal facility. Alternatively, the waste acceptance requirements may include a site-specific classification or categorization system which requires stability, or some other additional management steps, for wastes containing certain concentrations of specific radionuclides. The waste acceptance requirements may also allow for acceptance of certain wastes in a bulk, non-containerized fashion. DOE G 435.1-1 IV-39 7-09-99 Chapter IV - Low-Level Waste Requirements Example: The results of an intruder analysis in the performance assessment for a specific low-level waste disposal facility indicate that wastes containing concentrations of three radionuclides greater than calculated values may not be acceptable for near-surface disposal unless measures are taken to provide intruder protection from the wastes. A supplementary intruder analysis is conducted using new assumptions of a more stable waste form. The supplementary intruder analysis indicates that a higher concentration of the radionuclides can be accepted using the more stable waste form assumed in the analysis. Therefore the waste acceptance criteria are developed to allow for wastes to be received containing the lower concentration of the radionuclide in untreated waste, and allows for wastes to be received containing the higher concentration of the radionuclides, if the waste is treated to the more structurally stable waste form. The safety analysis report prepared for a low-level radioactive waste management facility may also identify specific radionuclides that warrant specific attention from a worker safety standpoint, and may require special handling if received and managed at the facility.

Example: A storage facility that manages low-level mixed waste is subject to RCRA Part B permit requirements for routine inspection of the waste. An analysis of worker radiation exposure associated with inspection of the storage configuration indicates that several radionuclides need to be controlled below certain concentrations to maintain doses to workers as low as reasonably achievable. The waste acceptance requirements for the facility reflect the allowable concentrations from the safety analyses as maxima for waste that can be accepted for storage in the facility. Any criticality analysis that will be conducted to derive the criticality safety program in conformance with DOE M 435.1-1, Section I.1.E.(4) may also result in some limitations on acceptance of fissile radionuclides. These limitations need to be included in the waste acceptance requirements, as appropriate. Waste Form and Package Criteria and Prohibitions. Waste acceptance requirements should specify that wastes received at the facility are in a physically/chemically stable form. As used in this requirement, stability refers to the physical and chemical properties of waste that are necessary for it to be handled safely at a facility and to undergo the management steps normally performed at that facility. Such stability is dependent on the waste management steps to be performed with the waste (e.g., treat, store, or dispose) and the time to complete the management step (e.g., time until treatment or length of expected storage period). Therefore, waste acceptance requirements must specify the necessary physical and chemical stability for the specific operations and activities for a given facility. Waste acceptance requirements for a low-level waste treatment facility need to specify the physical and chemical precautions and conditions under which untreated waste can be received at the facility so that facility safety and effective operations will not be compromised. Any physical or chemical stabilization of waste prior to transfer to a IV-40 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements receiving facility need to be done according to a systematic process that may include consideration of bench scale testing and verification that the process is producing satisfactory results. The waste acceptance requirements need to specify waste streams, classes, or categories of waste requiring application of specific physical, chemical, or structural stabilization methods, as determined by the results of site-specific analysis of site conditions, the waste that needs physical or chemical stabilization, and the desired performance of the facility. For treatment and storage facilities, the results of safety analysis or other safety documentation may indicate certain waste streams require specific physical or chemical stabilization to be safely handled by workers. The waste acceptance requirements should specify limitations or technical criteria for these waste streams, classes, or categories to meet. For disposal facilities, the performance assessment and composite analysis may conclude that certain waste streams require stabilization in order to contribute to a reasonable expectation that the disposal performance objectives will be met. Again the waste acceptance requirements should specify the structural stability limitations or criteria for these waste streams to meet.

Example: The results of the performance assessment for a specific low-level waste disposal facility indicate that wastes containing three long-lived radionuclides are acceptable for near-surface disposal provided some measures are taken to provide additional protection to water resources. The waste acceptance requirements identify low-level wastes containing these radionuclides as Category G low-level wastes (G for groundwater). These category G low-level wastes will only be accepted in high integrity containers and then be disposed in trenches containing special groundwater protection barriers. Acceptable waste forms, containers, and packages providing structural stability or inadvertent intrusion protection are specified by the waste acceptance requirements. Structural stability refers to the property of the waste to provide for stability of the disposal site during and after operations to reduce the amount of subsidence and prevent or minimize radionuclide migration from the disposal unit. Any structural stabilization that is conducted to meet waste acceptance requirements needs to also be done according to a systematic process that includes consideration of bench scale testing and verification that the process is producing satisfactory results, as appropriate. The waste acceptance requirements indicate the testing and verification processes that are acceptable. Consideration should be given to incorporating the technical positions and tests discussed in the US Nuclear Regulatory Commission’s Technical Positions on Waste Form (Refs. 1 and 2) into the low-level waste disposal site waste acceptance requirements for acceptable verification tests for structurally stable waste. The waste acceptance requirements need to list any specific packages and containers pre-approved as acceptable for the low-level waste management facilities, as well as acceptable DOE G 435.1-1 IV-41 7-09-99 Chapter IV - Low-Level Waste Requirements overpacks. Consideration should be given to the policy on use of standardized low-level waste disposal containers (Ref. 3) and its attendant guidance on recycling of radioactively contaminated carbon steel. The waste acceptance requirements need to identify any of the following specific technical requirements that must be included to ensure that waste received at any storage, treatment, or disposal facility is consistent with the operating basis of the facility: C the acceptable limits for waste package external surface dose rate for both contact and remote handled packages, and heat generation; C the acceptable limits for free liquid content, specified on a per package basis; C the acceptable limits for maximum void space, specified on a per package basis; C the necessary labeling and marking to be applied to low-level waste packages; C the necessary information about any bar coding or other tracking system used at the facility receiving the waste and the application of the system by generators; C any specific requirements associated with acceptance of bulk waste, including any additional restricted materials or limitations on materials and any specific technical requirements bulk waste must meet for compatibility with disposal operations and the conditions or specifications for handling bulk waste containers that will not be disposed; C any specific radionuclides or chemical or hazardous materials that are prohibited from acceptance at the facility;

C any specific requirements associated with acceptance of mixed low-level waste, including any additional restrictions or limitations on the waste or specifications for handling mixed waste containers; C any specific packages or types of packages or containers that are prohibited from or restricted in acceptance at the facility; C any specific requirements associated with acceptance of special low-level waste streams needing out of the ordinary attention for receipt, handling, storage treatment, or disposal, (e.g., sealed sources), including any additional restrictions or limitations on the waste or specifications for handling the waste containers; IV-42 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements C any package protection requirements needed for transport and receipt to provide needed physical protection to the packages to prevent breaching and so that the certified status of the waste is preserved; C the necessary shipping arrangements for transport to the facility receiving the waste, including any electronic traffic data bases or scheduling system used. Example 1: The Site B mixed waste incinerator waste acceptance criteria contains a list of acceptable radionuclides and their acceptable concentrations, states the acceptable limits for waste package external dose rate, contains a list of acceptable RCRA hazardous constituents that can be destroyed by the incinerator, states that all waste must be received in specially designed fiberboard boxes (expedites waste feed), prohibits acceptance of Polychlorinated Biphenyls (PCBs) (it does not have a Toxic Substances Control Act approval), and prohibits acceptance of gaseous, reactive, and explosive waste. Example 2: The Central Waste Management Unit Storage and Transfer Facility at Site B provides centralized collection, staging, and transfer for all Site B low-level, mixed low- level, and transuranic wastes. Site B waste is transferred/shipped to a variety of storage, treatment, and disposal facilities, some on- and some off-site. The waste acceptance requirements for the Central Waste Management Unit Facility specifies that all waste must be certified to the waste acceptance criteria of the downstream facility to which it goes next. The requirements also contain instructions on obtaining specific site-specific labels containing barcoding from the Central Waste Unit, and instructions for attaching specifically colored waste drum ring bands corresponding to a code that correlates with the wastes’ next destination established by Central Waste that facilitates sorting and segregating of the waste at the Transfer Facility. Compliance with these waste acceptance requirements is demonstrated if they are documented, contain clear and precise criteria specifying the radionuclide limits in the form of contents or concentrations that can be accepted, the limitations and prohibitions on waste forms and packages that can be received, and the limits, prohibitions, or instructions concerning any other technical information so that the waste is compatible with the safety basis of the facility, and which will result in acceptable waste at subsequent steps in managing the low-level waste. Supplemental References: 1. NRC, 1983. Final Waste Classification and Waste Form Technical Position Papers, U.S. Nuclear Regulatory Commission, Washington, D.C., May 1983. DOE G 435.1-1 IV-43 7-09-99 Chapter IV - Low-Level Waste Requirements

2. NRC, 1991. Technical Position on Waste Form, Revision 1, U.S. Nuclear Regulatory Commission, Washington, D.C., January 1991. 3. Cowan and Owendoff, 1996. Steven Cowan and James Owendoff to Distribution, memorandum, Use of Standardized Low-Level Waste Disposal Containers, U.S. Department of Energy, Washington, D.C., April 17, 1996. IV. G.(1) Technical and Administrative. (d) The following are additional waste acceptance requirements that shall be specified in low-level waste disposal facility waste acceptance requirements: 1. Low-level waste must contribute to and not detract from achieving long-term stability of the facility, minimizing the need for long-term active maintenance, minimizing subsidence, and minimizing contact of water with waste. Void spaces within the waste and, if containers are used, between the waste and its container shall be reduced to the extent practical. 2. Liquid low-level waste or low-level waste containing free liquid must be converted into a form that contains as little freestanding liquid as is reasonably achievable, but in no case shall the liquid exceed 1 percent of the waste volume when the low-level waste is in a disposal container, or 0.5 percent of the waste volume after it is processed to a stable form. 3. Low-level waste must not be readily capable of detonation or of explosive decomposition or reaction at anticipated pressures and temperatures, or of explosive reaction with water. Pyrophoric materials contained in waste shall be treated, prepared, and packaged to be nonflammable. 4. Low-level waste must not contain, or be capable of generating by radiolysis or biodegradation, quantities of toxic gases, vapors, or fumes harmful to the public or IV-44 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements workers or disposal facility personnel, or harmful to the long-term structural stability of the disposal site. 5. Low-level waste in a gaseous form must be packaged such that the pressure does not exceed 1.5 atmospheres absolute at 20EEC. Objective: The objective of the technical and administrative requirements for low-level waste disposal is to ensure that low-level waste disposed in DOE waste disposal facilities are in a form and/or packaged so that the waste contributes to the facility meeting the performance objectives for disposal of low-level waste. Discussion: The analyses performed in developing the DOE M 435.1-1 requirements indicated that minimum waste form requirements were needed for disposed low-level wastes to be able to continue to have reasonable assurance that the long-term hazards from the waste would not adversely impact the public, workers, or the environment. These minimum waste form requirements are designed to achieve the performance objectives of the disposal facility over the long term. In order to effectively contribute to meeting the performance objectives, the waste form and/or packages should contribute to the goals of minimizing: (1) the need for long-term active maintenance of the facility following closure; (2) subsidence during and after waste emplacement; and (3) the contact of water with disposed waste. To assist in achieving these goals, the requirement includes reducing void spaces within the packages of waste and within the waste itself, minimizing the amounts of liquid that could be released through leaching or if a waste container were breached, ensuring that waste packages do not contain any materials which would be potentially harmful to the public or workers if a container was breached during operations or which would create an unstable condition in the disposal unit following disposal.

Facility Stability. Subrequirement (DOE M 435.1-1, Section IV.G.(1)(d)1.) is intended to provide a set of minimum requirements for waste forms and containers to contribute to the long-term stability of the disposal site and thus contribute to a reasonable expectation that the performance objectives for the disposal facility will be met for a long time into the future. Waste acceptance requirements are to specify site-specific limits or criteria for acceptable structural stability of waste forms and containers based on site conditions, the waste that requires stability, and the desired performance of the facility. (Long-term stability of a low-level waste disposal facility is discussed and described further in guidance on Section IV.M.(3), Low-level Waste Disposal Facility Design.) DOE G 435.1-1 IV-45 7-09-99 Chapter IV - Low-Level Waste Requirements Waste forms and containers should maintain their basic shape and form for a period of time corresponding to the period of time necessary to achieve performance objectives. For most low- level waste, standard 55-gallon drums and boxes such as B-25 boxes are adequate. Containers should be designed to withstand the loads that are likely to be present in the disposal unit, including waste disposed above and any overburden and closure cover materials. Consideration needs to also be given as to whether live loads (i.e., vehicles) will be present at the disposal units. Disposal units disposing of bulk wastes like contaminated dirt and construction rubble need to compact the disposal units to minimize subsidence. The practice of compaction as a regular part of disposal unit operations may also be considered for the disposal of waste in cardboard boxes, which could degrade in an uncontrolled fashion and contribute to subsidence problems unless they are dynamically compacted at the time of disposal unit covering. The subrequirement also includes the minimization of void spaces to contribute to the stability of the site. This applies to both the amount of void spaces within the waste, as well as between the waste and its packaging if containers are used. The control of void spaces is achieved visually for containers containing job control waste, for example, as well as being an integral parameter for wastes prepared using a process control. The use of encapsulation methods, such as grout, may need to be considered for wastes containing highly-activated components that are likely to remain hazardous well beyond any foreseeable period of time a waste container is likely to last.

Liquid Wastes. The intention of the free liquid subrequirement (DOE M 435.1-1, Section IV.G.(1)(d)2.) is for liquid wastes or wastes that contain free liquid to be treated or packaged so that there is as little liquid remaining as is reasonably achievable. The requirement is also intended to address liquids that could become free liquids during transportation or which could be released due to thermal cycling or vibration that occurs during shipment. This can be accomplished through solidification or stabilization methods, by a dewatering process, or by packaging the waste with absorbent material. (It is, in fact, good practice to add a small quantity of absorbent (e.g., a quarter inch) in the bottom of most containers of waste. “Dry” waste is often not completely dry. Condensation also often occurs. The use of absorbent helps to reduce incidence of surface contamination and needless problems of appearance should small drops of condensation leak from a container.) For waste placed into a disposal container, the process or design for removing or reducing the liquid shall result in free liquid that is no more than 1 percent of the container volume. For wastes that are processed to a stable form, that is, where the waste form itself acts as a monolithic form and will be placed into the disposal unit without a container, the process or method shall result in free liquid that is no more than 0.5 percent of the volume of the waste form. The volume of the waste form in this case is the final volume following treatment to the stable form. If a waste is treated through a process that results in a processed, stable form, but it is also inside a container, then the free liquid requirement for the stable form shall be followed, that is, there should be no more volume of free liquid than 0.5 percent of the volume of the stabilized waste inside the container of stable waste. IV-46 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements A challenge is presented in determining compliance with the free liquid requirement because of the need to minimize or prevent exposures to workers. This would be a concern because one way to determine compliance would be to randomly examine waste forms and containers to determine the volume of free liquid. This has been done in the past at some older disposal operations by puncturing a hole in a container as it is received and measuring the amount of liquid that is obtained from the package. A better approach is to utilize processes, procedures, or methods whose results can be assumed appropriate as long as written protocol is followed, or which can be tested without damaging the waste package, for example, through test runs with surrogate materials. ANS Standard 55.1 (Ref. 1) is recommended for performing measurements of free liquids in solidified low-level waste forms and containers. When using a container with absorbent materials, the process and procedure for loading the container with waste needs to call for introduction of more absorbent by volume than is needed for the amount of free liquid calculated in the waste, both for a safety factor, and because it is difficult to calculate exactly how much liquid will be freed during transportation and handling. Another measure in using absorbents to be considered would be redundancy, such as using two different kinds of absorbents, or using layering, such as double bagging. For processing waste to a stable form, or for a dewatering process, the use of test runs to produce samples that could undergo analysis using non-radioactive surrogate materials to determine optimum processing parameters that will result in meeting the liquid requirement is recommended. Likewise, the results of test or actual runs could be used to establish parameters for a subsequent treatment process when the waste material and feed are the same as a previous successful treatment process, and the correlation can be justified and verified.

Particular attention needs to be placed on the treatment and packaging of low-level waste to minimize free liquids for waste streams having a high initial moisture content. Additional measures could be considered for inclusion in waste acceptance criteria that call for specific calculations of how much of the interstitial liquid could become free liquid during handling and transportation, specific testing of absorbent to be used for such waste streams, consideration of the addition of a certain minimum amount or specification of absorbent, or the required solidification, stabilization, or additional packaging of waste streams that may be of particular concern (e.g., high-activity liquids present). Soils present a particular challenge in regards to the free liquid requirement since many soils have a high initial moisture content, yet, in many cases the soil will not yield a significant amount of free liquid. Modifications to the measures discussed need to be considered to provide the needed information without the expenditure of resources that may be necessary for certain operations waste that may yield free liquids. For example, the evaluation for determining how much of the interstitial liquid could become free liquid during handling and transportation could be done on a set of standard soils from the site, with the results being provided on a generic basis rather than on a container-by-container basis. DOE G 435.1-1 IV-47 7-09-99 Chapter IV - Low-Level Waste Requirements Nuclear power plants employ a “process control program” to consistently produce products which are acceptable for disposal and which will meet waste acceptance requirements of receiving facilities. General guidance and requirements for process control programs can be found in NRC’s standard review plan for nuclear power plants (NUREG-800) (Ref. 2). Explosive, Reactive, Pyrophoric, and Degrading Low-Level Waste. The intention of the explosive, reactive, and pyrophoric subrequirement (DOE M 435.1-1, Section IV.G.(1)(d)3.) is that wastes containing a material that could react with water or spontaneously detonate or ignite be treated or packaged so that the chance for this to occur is significantly reduced. This is accomplished through solidification or stabilization or by packaging methods. The requirement is not intended to prohibit waste from containing potentially explosive or pyrophoric materials, only that they be appropriately treated, prepared, and packaged so the chance of ignition or explosion is significantly reduced. Similarly, the intention of the radiolysis, biodegradation, and toxic subrequirement (DOE M 435.1-1, Section IV.G.(1)(d)4.) is that wastes must not be capable of generating toxins that will be harmful to workers during operations if a container were to be breached, or which could contribute to a slow degradation of the stability of the disposal site. The requirement in this case explicitly states that the waste must not contain any of the gases or vapors to begin with, but it also states that the waste shall not be capable of generating any from the materials present in the waste. In this case, just like above, a treatment or packaging method is used to render the waste incapable of generating the gases or vapors.

Gaseous Low-Level Waste. The gaseous low-level waste subrequirement (DOE M 435.1-1, Section IV.G.(1)(d)5.) is intended to protect workers and the long-term stability of the site by specifying the maximum pressure at which gaseous radioactive waste is to be packaged. The requirement is also intended to apply to the situation where gases are generated within the waste packages following closure of the package. An analysis may need to be conducted on any waste materials that could potentially generate gases due to conditions of storage or treatment to ensure that the pressure stated in the requirement will not be exceeded. The analysis needs to also include the potential for any conditions inherent in the waste and/or waste form that could cause gas generation. For example, spent ion exchange resins could generate hydrogen gas while in storage due to radiolysis. Compliance with the waste acceptance requirements for low-level waste disposal facilities is demonstrated if they contain these minimum disposal facility requirements, or equivalent. IV-48 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements Supplemental References: 1. ANS, 1979. American National Standard for Solid Radioactive Waste Processing System for Light Water Cooled Reactor Plants, ANS 55.1, American Nuclear Society, La Grange Park, IL, 1979. 2. NRC, 1981. Standard Review Plan for Nuclear Power Reactors, NUREG-0800, U.S. Nuclear Regulatory Commission, Washington D.C., 1981. IV. G.(1) Technical and Administrative. (e) The basis, procedures, and levels of authority required for granting exceptions to the waste acceptance requirements, which shall be contained in each facility’s waste acceptance documentation. Each exception request shall be documented, including its disposition as approved or not approved. Objective: The objective of this requirement is to ensure that formal procedures exist and a decision process is clear concerning the granting of exceptions to waste acceptance requirements. Discussion: Waste acceptance requirements are established to ensure that facilities can safely manage waste received for storage, treatment, or disposal, and is particularly critical for disposal facilities in assuring the long-term performance will be maintained. Thus, exceptions or deviations to acceptance criteria cannot be routine and must be carefully reviewed and documented, especially to provide for the permanent record of waste disposed. The procedures for granting exceptions needs to clearly state the entire process for requesting an exception, describe acceptable bases for granting exceptions, and identify any additional information that is needed to supplement the documentation normally provided for waste transfers. The approval process needs to be clearly spelled out so the generator can conduct the request appropriately. Example: The waste acceptance requirements for a low-level waste storage facility specifies three acceptable containers that can be received at the facility. It also includes a procedure for obtaining an exception to the waste acceptance criteria concerning containers only. (The requirements specifically state that no other exceptions will be granted). The procedure for the container exceptions includes minimum information about any containers other than the three pre-approved that must be submitted, who it is DOE G 435.1-1 IV-49 7-09-99 Chapter IV - Low-Level Waste Requirements

to be submitted to, and the criteria that will be used to determine if the container may be found acceptable as an exception. Waste acceptance requirements are acceptable if they are documented and contain a clear description of the procedure and bases obtaining for an exception or deviation to the acceptance criteria for low-level waste to be received at the facility. Supplemental References: None. IV. G.(2) Evaluation and Acceptance. The receiving facility shall evaluate waste for acceptance, including confirmation that the technical and administrative requirements have been met. A process for the disposition of non-conforming wastes shall be established. Objective: The objective of this requirement is to establish a process by which personnel at a facility receiving low-level waste for storage, treatment, or disposal determine that the waste being transferred is acceptable in accordance with the waste acceptance requirements and for that process to specifically address the management of waste that does not conform with all of the requirements when it is received at the facility. Discussion: This requirement makes it the responsibility of officials at a facility to which waste is transferred to confirm that waste is in compliance with the established waste acceptance requirements and also provides a mechanism by which the officials confirm that waste can be accepted and safely managed. Evaluation and Acceptance. The methodology for implementation of this requirement needs to be flexible and defined on a facility-specific basis. The complete process and procedures, including the responsibilities of the generating facility, need to be clearly documented so that both the generator and the facility receiving the waste understand the process that will be used. As with implementation of other parts of DOE M 435.1-1, this requirement is implemented using the graded approach process. Facilities receiving low-level wastes from many generators, offsite generators, or high activity low-level wastes, may need to implement more detailed waste evaluation and acceptance processes than a facility receiving waste from a small number of onsite generators. IV-50 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements The evaluation and confirmation process consists of one or more of the following approaches, and is designed to demonstrate that the waste presented meets the waste acceptance requirements of the facility receiving waste for storage, treatment, or disposal: C Testing, sampling, and analysis of the contents of a representative sample of waste packages as they are received at the facility; C Testing and analysis of a number of samples taken by the generator facility; C Detailed review of sampling and analysis data generated by the sending facility or an independent laboratory employed by the generating facility; C Audit, surveillance, or observation of the sender’s waste characterization activities and processes and waste certification programs. Testing, sampling, and analysis of the contents of a representative sample of waste packages upon receipt is complicated by the fact that additional risk is posed if a technique such as opening of drums and obtaining grab samples is used. Therefore, consideration needs to be given to implementing non-destructive examination technologies if receipt sampling and analysis is the preferred approach. Likewise, analysis of samples taken at the generator’s site may involve additional risk, and also may be expensive to implement. If this method is employed, samples which are representative, either statistically or correlated with generator profiles, need to be obtained for analysis to ensure this method is effective. This sampling would include packages from the generators sending the largest volumes of waste to the facility or packages containing the critical radionuclides as identified in the waste acceptance requirements.

The use of a detailed review of the sampling and analysis data gathered by others would include an evaluation of the methodologies used for collecting the sample, maintaining the integrity of the sample and data (e.g., through a chain of custody), and performing the radioanalyses. As above, the samples collected would need to be representative of the waste, either statistically or with a bias towards large generators or generators of significant radionuclides (i.e., those that are most limiting for the storage, treatment, or disposal facility). The use of assessments audits, reviews or surveillances to verify compliance of the waste generators certification programs with acceptance requirements would need to be conducted on a schedule commensurate with the frequency of waste generation and shipments. The documentation of the verification process would include organization and authorities; frequency of assessments; methods to be employed; the information that will be documented as a result; and the qualifications of personnel. DOE G 435.1-1 IV-51 7-09-99 Chapter IV - Low-Level Waste Requirements Example: The waste acceptance process for Storage Building B on the Western Site, which receives waste from multiple generators involves assay to confirm transuranic waste and to segregate transuranic and low-level waste, and sample collection and analysis to confirm the RCRA status of waste. The process calls for assaying and sampling one waste package of every 25 from established waste streams and one of every 5 for new waste streams of for waste from generators who have a history of poor compliance with the waste acceptance criteria. Discussions contained in Methods for Verifying Compliance with Low-Level Radioactive Waste Acceptance Criteria (Reference 2), provide additional guidance for evaluation and acceptance of waste at receiving facilities. Non-Conforming Low-Level Waste. Facilities receiving low-level waste for storage, treatment or disposal need to have a documented process to be used in the event a non-conforming waste is received. A non-conforming waste is a waste container or shipment which is certified by the generator as meeting the waste acceptance requirements of the receiving facility but which is found to be in violation of the acceptance requirements during the receiving facility’s waste receipt and acceptance process. Facility procedures need to address how non-conforming waste will be segregated from acceptable waste, the process for notifying the sender of the non-conformance, and the acceptable methods for dispositioning the non-conforming waste. The process includes prior notice to the sender of the actions to be taken by the facility receiving the waste and the sender’s obligations, particularly regarding the cost of the actions, to support the disposition of the non-conforming waste. Example: A low-level waste storage facility’s waste acceptance process includes returning non-conforming waste to the generator under all circumstances, billed to the generator. The paperwork/certifications for waste return is included in the paperwork accompanying all packages to facilitate return of packages.

Compliance with the waste acceptance requirements for a low-level waste management facility is demonstrated if they include a process for evaluation and acceptance of incoming waste to ensure the acceptance criteria of the facility receiving the waste are met that includes one of or a combination of: (1) testing, sampling, and analysis of representative samples of waste upon receipt; (2) testing, sampling, and analysis of split samples of waste taken at the generator site; (3) evaluation of testing, sampling, and analysis of data provided by the generator, or (4) audits, reviews, surveillance, or observations of generator waste certification programs and characterization activities. Additionally, acceptable waste acceptance requirements for a storage, treatment or disposal facility will have documented procedures and actions to be taken if a waste that does not conform to the waste acceptance criteria is received at the facility. IV-52 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements Supplemental References: 1. DOE, 1997. Nevada Test Site Waste Acceptance Criteria (NTSWAC), Revision 1, U.S. Department of Energy, Nevada Operations Office, Las Vegas, NV, August 1997. 2. DOE, 1993. Methods for Verifying Compliance with Low-Level Radioactive Waste Acceptance Criteria, DOE-LLW-185, U.S. Department of Energy, National Low-level Waste Management Program, Idaho Falls, ID, September 1993. DOE G 435.1-1 IV-53 7-09-99 Chapter IV - Low-Level Waste Requirements IV. H. Waste Generation Planning. The following requirements are in addition to those in Chapter I of this Manual. (1) Life-Cycle Planning. Prior to waste generation, planning shall be performed to address the entire life cycle for all low-level waste streams. Objective: The objective of this requirement is to provide for the disposal of all low-level waste that is generated in the future by ensuring that prior to generating a new low-level waste stream, the specific waste management facilities necessary for safe management of the waste from the time it is generated up to and including its disposal are identified and sites are discouraged from generating low-level waste that does not have an identified path to disposal. Discussion: The Complex-Wide Review of DOE Low-Level Waste ES&H Vulnerabilities conducted in response to Defense Nuclear Facilities Safety Board Recommendation 94-2 identified storage of low-level waste with no identified path forward to disposal as a major complex-wide vulnerability. The safety and hazards analysis conducted as part of the preparation of DOE O 435.1 also identified significant weaknesses and risks associated with low-level wastes being generated without a path to disposal, particularly weaknesses associated with long-term storage of waste and potential loss of characterization data from generators and the subsequent need for recharacterization. Therefore, as part of the generator planning requirements in General Requirement I.2.F.(7), specific requirements are identified for planning for management of waste prior to its generation, and for approval to generate low-level waste streams with no path forward to disposal. Life cycle planning for all low-level waste. The Site-Wide Waste Management Program required in Chapter I of DOE M 435.1-1, Section I.2.F.(1), calls for systematic planning of the management of all radioactive waste at DOE sites. Guidance on the Site-Wide Waste Management Program discusses information to be included in life-cycle planning documentation for all low-level waste streams at the site.

However, additional information is required of certain low-level wastes to ensure full life cycle planning is being done for all waste. The additional information needed for certain waste streams is influenced by the fact that, on the implementation date of the Order, the low-level waste will be in one of three stages of its life-cycle: (1) waste generated in the past (in storage), (2) waste being generated at present; and (3) wastes not yet generated (future wastes); and will either have an identified path to disposal, or will not. IV-54 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements Therefore, from a waste generation planning perspective, there are six different “states” of low- level waste, depending on when the waste was or is generated and whether it has or will have a path to disposal. The following paragraphs explain the recommended life cycle information for these different low-level wastes. Low-Level Waste With a Path to Disposal Generated currently - The life-cycle information for low-level waste that is currently generated with an identified path to disposal includes a description of the management steps for the waste as discussed in guidance for the Site-Wide Radioactive Waste Management Program. Generated in the future (from a new process) - The life-cycle information for low-level waste with an identified path to disposal that is generated from a new process includes a description of the management steps for the waste as discussed in guidance for the Site- Wide Radioactive Waste Management Program. Generated in the past (in storage) - In addition to the basic information on management steps, life cycle information for low-level waste with a path to disposal that is in storage (due to budget constraints, delays due to regulatory matters or management decisions, or for other reasons) includes a schedule for achieving disposal. Low-Level Waste Without a Path to Disposal Generated in the past (in storage) - The life-cycle information for low-level waste in storage as of the issuance of DOE O 435.1 for which there is not an identified path to disposal includes the basic information on the management steps for the waste which can be identified, a discussion of the issues that hinder disposal of the waste, and the plans and schedule for achieving resolution of the issues. Generated in the future (from a new process) - The life-cycle information for low-level waste without an identified path generated from a new process to disposal includes the basic information on the management steps for the waste which can be identified, a discussion of the issues that hinder disposal of the waste, and the plans and schedule for achieving resolution of the issues. This information will be assembled in the course of getting the generation of this waste approved in accordance with the process required in DOE M 435.1-1, Section I.2.F.(19), and which is discussed in the next section of this guidance. Generated currently - The life-cycle information for low-level waste without an identified path to disposal includes the basic information on the management steps for the DOE G 435.1-1 IV-55 7-09-99 Chapter IV - Low-Level Waste Requirements

waste which can be identified, and a discussion of the issues that hinder disposal of the waste and the plans and schedule for achieving resolution of the issues. These waste streams are not expected to receive approval for generation in accordance with General Requirement I.2.F.(19). However, the life-cycle planning information needs to address the continued generation of this waste. The life-cycle planning information for continuing to generate a no path forward waste needs to include consideration of the necessity to generate the waste, an understanding of what prevents the disposal of the waste, the needed capacity and capabilities for continued storage of the waste, and the plans for future disposal of the waste. Discussions would also be included on any alternatives to the process that generates the no path forward waste that have been considered. Providing the life cycle information discussed above for waste streams already being generated is relatively straightforward. Essentially for most low-level waste, the information already exists and has been utilized for other planning documents such as the Programmatic Environmental Impact Statement. [Low-Level Waste Baseline Disposition Maps contain much of the information necessary to satisfy the planning requirements discussed here. An example Disposition Map is included as Figure IV.H.1 at the back of this section of guidance.] Example 1: A low-level waste generating facility operating at Site A continues to operate with no alterations. The facility generates the same low-level waste streams it has been generating for years, and none of them are waste streams without a path forward to disposal. The life-cycle information about low-level waste generated at this facility is included in the current waste inventories and capacities section of the Site A Radioactive Waste Management Plan, and no technical or programmatic issues are included in the Plan concerning these waste streams. Example 2: The same Site A as Example 1 has three waste streams with a path to disposal that have been in Storage Building 200 for two years. These wastes are also included in the current waste inventories and capacities section of the documentation of the Site A Radioactive Waste Management Plan. Also, the issues (one waste contains PCBs but is not approved for shipment to the TSCA incinerator, the other two wastes require special shipping casks which have not been approved) that prevent their disposal are explained in the issues for path forward waste in storage section of the Site A Radioactive Waste Management Plan, along with discussions of steps toward their resolution (e.g., the special shipping cask approval is expected January 2000). Example 3: The disposal facility planned to receive the three wastes discussed in Example 2 is suddenly closed. The three wastes are now without a path to disposal. The next time the Site A Plan is updated, they are still included in the current waste inventories and capacities section, and a determination to move the three wastes from Building 200 to Building 400 in 2003 is described. A new section of the Plan is written IV-56 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements for issues for no path forward waste in storage, which describes the issues of PCBs and special casks, but also includes the loss of disposal capacity. Also discussed is the use of the special cask, once it is approved, to act as a high integrity storage container. Plans are also described for determining alternate disposal locations, to be completed in July 2002.

To provide waste management steps for waste streams that have not been generated yet, it would likely be inappropriate to assume that the same management steps will be taken as some already generated waste. Instead, some investigations of appropriate management steps may be necessary to provide adequate life cycle planning information. The bulk of these generator planning requirements and the rest of this guidance address planning for new waste streams. Waste generator planning prior to generation. Planning, prior to generating low-level waste (subrequirement H.(1)), is intended to address low-level waste streams that do not already exist. Low-level waste streams that are first generated after issuance of the Order are subject to this requirement. Waste generator planning is a component of the waste generator program required in I.2.F.(7) of the General Requirements Chapter of DOE M 435.1-1. Waste generator planning activities need to be integrated in the generator program with waste characterization, certification, and transfer activities. Generator planning prior to generation addresses the life-cycle of the waste to disposal, including the interim steps of waste management. This can be accomplished by preparing a waste stream profile and reviewing it with the facility(ies) that will need to manage the waste. The waste stream profile format used needs to be consistent with the needs of the storage, treatment, and/or disposal facility that will be involved in managing the waste stream. An example of a waste stream profile form derived from the Nevada Test Site Waste Acceptance Criteria (NTSWAC) is included at the back of this guidance as Figure IV.H.2. The waste generator confirms with potential storage, treatment, and disposal facilities that the waste stream can be managed appropriately based on the facility’s current waste stream characteristics and the planned facility capacity. So conceivably, a generator may need to contact multiple facilities (e.g., a storage and/or treatment facility in addition to the disposal facility) to ensure proper waste management. Example 1: A previously operating high-level waste treatment facility that generates a low-level waste stream has been shut down for eighteen months and is scheduled to restart operations six months after DOE O 435.1 is issued. Low-level waste generation planning is performed. The planning determines that the previous disposal option for the low-level waste is not available, but an alternative disposal location is easily arranged. Therefore, the planning provides early warning of a potential problem which is resolved prior to the generation of the waste. DOE G 435.1-1 IV-57 7-09-99 Chapter IV - Low-Level Waste Requirements Example 2: Waste stream ARL-111 is a new mixed low-level waste stream to be generated from a process at Laboratory X. The waste stream is similar to another waste stream that has been generated for some time, and which receives treatment at the mixed waste incinerator facility Y, and the residues are disposed at the Low-Level Waste Disposal Facility. A Laboratory X waste profile is prepared and transmitted to both the Y incinerator and the disposal facility. After discussions, it is verified that the new waste stream can be managed at the two facilities.

The determination of whether a low-level waste stream has an identified path to disposal is based on the availability of existing or planned facilities and operations and on the technical capability of managing the waste at the facility. A planned facility is considered to be available if it has been authorized (e.g., a line item in a Congressional appropriation or equivalent approval for design and construction). A facility is not considered available if it is not authorized to accept or manage a particular waste type or concentration. If a planned facility is designated in the planning information, then the planning information also needs to address the schedule for when the facility will be operational, and the appropriate management steps that will be taken for waste designated for that facility until it becomes operational. For purposes of planning for disposal of a low-level waste stream, a facility or capabilities that are part of a program or strategic plan, but have not been authorized are not considered available. If an available planned facility is canceled, the generator site needs to revise the planning for the life- cycle of the low-level waste, an alternate path to disposal needs to be identified and documented, and approval to generate the low-level waste needs to be obtained from the cognizant Field Element Manager as required in the General Requirements at I.2.F(19). Example 1: Site X generates a low-level waste with concentrations of uranium that are too high to be suitable for on-site disposal. A new disposal cell for high-activity long- lived radionuclides will be developed at another site. The new facility has been authorized by Congress as a line item and will be operational by 2006. Since this is the only facility that may be able to dispose of this waste, Site X reflects the assumption to use the new facility by 2007, subject to operation and certification, since they have no other path forward for disposal. Example 2: As in the above example, Site X generates a high-activity long-lived waste stream that cannot be disposed on site. An existing disposal operation at another site is technically capable of disposing this waste. The facility, however, has not completed the necessary analyses under NEPA to be able to accept waste from off site. Until the necessary NEPA analyses have been completed, the disposal facility is not available to Site X. IV-58 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements Whether a path to disposal can be identified is also based on the acceptability of the waste at the facilities at which it must be managed. For existing facilities, this involves no more than an evaluation of the waste stream properties against the waste acceptance requirements of the facility and determining there are no impediments for its management. For planned facilities, this determination is more involved. For some waste streams, the acceptability at a planned facility could be determined based on similar circumstances already known to exist in the Complex. This may be a common situation for wastes that do not have a full path to disposal because of issues that are not entirely technical (e.g., commercially generated [NRC licensed] Greater-than-Class-C low-level waste). For other waste streams, particularly those with a technical impediment to disposal, the acceptability may need to be evaluated and a judgement made that a planned facility will be able to accept the waste provided some necessary treatment is performed (e.g., low-level waste approved to go to a disposal facility but which is waiting for a final PEIS decision), or some administrative step is successfully accomplished (e.g., a RCRA permit is obtained so that mixed waste can be accepted).

The generator is responsible for ensuring that low-level waste is not generated unless there is due consideration for the ultimate disposal of the waste. The objective of this requirement is not to prohibit, under all conditions, the generation of low-level waste that does not have an identified, achievable path to disposal. In meeting the DOE O 435.1 planning requirements, it is appropriate for waste management organizations to provide assistance to the generator in determining the waste management path, particularly in cases where the waste management organization may utilize offsite treatment, storage, or disposal facilities. Compliance with this planning requirement is demonstrated by the individual sites establishing a process for evaluating the life-cycle of low-level waste prior to its generation, including the identification of low-level wastes with no path to disposal and appropriate records justifying the newly generated low-level waste stream(s), and site personnel possessing planning information showing the location(s) where low-level waste will be stored, treated, and/or disposed along with a confirmation that the personnel managing the facilities agree that the low-level waste may be managed at those facilities. Supplemental References: 1. DOE, 1997. Nevada Test Site Waste Acceptance Criteria (NTSWAC), Revision 1, U.S. Department of Energy, Nevada Operations Office, Las Vegas, NV, August 1997. IV. H.(2) Waste With No Identified Path to Disposal. Low-level waste streams with no identified path to disposal shall be generated only in accordance with approved conditions which, at a minimum, shall address: DOE G 435.1-1 IV-59 7-09-99 Chapter IV - Low-Level Waste Requirements (a) Programmatic need to generate the waste; (b) Characteristics and issues preventing the disposal of the waste; (c) Safe storage of the waste until disposal can be achieved; and (d) Activities and plans for achieving final disposal of the waste. Objective: The objective of this requirement is to ensure that prior to generation of a new low-level waste stream with no path to disposal, the need to generate the waste is carefully considered, and plans for safe long-term storage and for resolving issues that prevent disposal of the wastes are developed. Discussion: There are instances where programmatic needs may necessitate the generation of low-level waste without an identified path to disposal. In these instances, the Field Element Manager must ensure development of a process for identifying generation of low-level waste with no path to disposal and approving the conditions under which such low-level waste can be generated (see Section I.2.F.(19)). The process of identifying waste with no path to disposal and establishing conditions for its generation is intended to raise to the attention of DOE management that a commitment is being made with the generation of such a waste, including prolonged storage of this waste and resolving those issues that prevent the waste from being disposed. Example: Through generation planning it is discovered that a proposed project to remediate an old glove box facility would generate some low-level waste streams that would most likely not have a path to disposal using existing facilities. The Field Element Manager determines that generating low-level waste streams with no path to disposal is not worth the benefit of proceeding as planned with the project. Cleanup strategies and schedules are changed that allow the project to commence and avoids generating the no path forward waste while determinations are made on disposal options.

The minimum conditions for generating a waste without an identified path to disposal are identified in this requirement. They include evaluations and considerations that involve both the waste generating and waste management organizations. The decision to proceed with the activity generating the waste is made considering the total situation based on these minimum considerations. Programmatic need to generate the waste. There must be a clear identification of the programmatic mission being served that results in the generation of low-level waste with no IV-60 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements identified path to disposal. Alternate means of accomplishing the mission without generating the waste should be discussed. These could include use of alternative materials to achieve the mission, use of different processes, or substitution of chemicals other than the ones originally to be used. Characteristics and issues preventing the disposal of the waste. The reasons that the low-level waste cannot be disposed of must be identified. These may be technical or programmatic reasons. For example, if a waste needs to be treated in order to meet a disposal facility waste acceptance criteria and an appropriate treatment facility is not available, the lack of treatment would be identified as the reason the waste does not have a path to disposal. Identifying the characteristics and issues preventing disposal is necessary to support the development of plans for achieving disposal. Safe storage of the waste until disposal can be achieved. Since the waste cannot be disposed of pending the resolution of programmatic or technical issues, facilities must be available for safe storage. In order to evaluate the ability to provide for the storage of the waste, there needs to be an estimate of the amount of the waste that will be generated, as well as an estimate of the time necessary to keep the waste in storage. Identification of the requirements for safe storage and acceptable storage facilities is a prerequisite to generating the waste so that unique or risky aspects of storage that may make long-term storage problematic can be identified. Activities and plans for achieving final disposal of the waste. The decision to generate waste with no identified path to disposal must be based on a plan to eventually achieve disposal. The plan to achieve disposal of the waste needs to identify the activities being pursued to resolve issues preventing disposal and a schedule for their resolution. The activities described may be fairly detailed if the problems are technical and involve only one waste stream at a site. In other cases involving more programmatic issues, or which involve several waste streams at several sites, the activities and schedules to resolve issues may be less certain because they are dependent on other internal or external organizations (for example, approval of another Field Element Manager to ship waste). Consideration might be given to delaying the generation of a waste stream for which there is no reasonable alternative to generating the no path forward waste if there are difficult problems that must be overcome to achieve safe storage or final disposal. For many of the wastes that are currently without an identified path to disposal, programmatic and/or complex-wide problems and issues contribute to the lack of final disposal. Thus, all or part of the solution to an individual problem low-level waste stream may be programmatic or complex- wide steps taken as part of the Site-Wide Radioactive and/or Complex-Wide Low-Level Waste Management Programs that will address the vulnerabilities associated with no path forward waste

DOE G 435.1-1 IV-61 7-09-99 Chapter IV - Low-Level Waste Requirements and lead to resolution of issues and disposal of the waste. This process is also discussed in several places in the General Requirements guidance. Satisfaction of this planning requirement can be demonstrated by the waste generation organization having documentation concerning the decision to generate a low-level waste stream that does not have an identified path to disposal. This documentation needs to include the cognizant Field Element Manager or designee approval to generate the waste, an explanation of the need for the process that generates the low-level waste, a discussion of the reason it cannot be disposed of, the proposed management plan for the waste, and an up-to-date schedule of activities being pursued to resolve constraints to the disposal of the subject waste. Supplemental References: 1. DOE, 1997. Nevada Test Site Waste Acceptance Criteria (NTSWAC), Revision 1, U.S. Department of Energy, Nevada Operations Office, Las Vegas, NV, August 1997. IV-62 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements F ig ur e IV .H .1 . E xa m pl e L ow -L ev el W as te D is po si ti on M ap DOE G 435.1-1 IV-63 7-09-99 Chapter IV - Low-Level Waste Requirements Figure IV.H.2. EXAMPLE WASTE PROFILE FORM (FOR GENERATION PLANNING) A. Generator Information 1. Waste Certification Official _______________ Phone _______________ FAX ____________ 2. Technical ____________________________ Phone _______________ FAX ____________ 3. DOE Contact _________________________ Phone _______________ FAX ____________ 4. Facility Name ________________________________________________________________________ Address__________________________________________________________________________ City ________________________________ State _______________ ZIP ___________ 5. EPA Identification Number __________ B. General Waste Stream Information 1. Waste Stream Identification Number _____________________________________________________ Profile Revisions Number ________________________ Profile Revision Date _________________ 2. Waste Description 3. Waste Category Low-Level Mixed Low-Level 4. Generating Process Description _________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Process Description continuation Page Attached Yes No Flow Diagram Attached Yes No 5. Estimated Rate of Generation One Time Only m3 Ongoing m3/yr C. Physical Properties 1. Waste Form Description Solid Solidified Encapsulated Sludge Powder/Dust Sealed Absorbed Other ________________________________ Sources Liquid 2. List waste stream components Estimated Percent by Volume Weight IV-64 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements Estimated Density (kg/m3) _______________________________ __________ to __________ ___________________________ _______________________________ __________ to __________ ___________________________ _______________________________ __________ to __________ ___________________________ _______________________________ __________ to __________ ___________________________ _______________________________ __________ to __________ ___________________________

_______________________________ __________ to __________ ___________________________ Component Continuation Page Attached Yes No 3. Does the waste contain the following? Yes No Free Liquids Yes No Particulates Yes No Gases Yes No Etiologic Agents Yes No Chelating Agents Yes No Polychlorinated Biphenyls Yes No Explosives Yes No Pyrophorics Yes No Regulated Asbestos-Containing Material Yes No Radioactive Animal Carcasses Yes No DOE Equivalent Greater-Than-Class C Packages Yes No Other DOE G 435.1-1 IV-65 7-09-99 Chapter IV - Low-Level Waste Requirements D. RCRA Characterization 1. RCRA Characterization by Process Knowledge Sampling and Analysis Both 2. Does the waste exhibit any characteristic of hazardous waste as defined in 40 CFR Part 261? Yes No Ignitability Yes No Corrosivity Yes No Reactivity Yes No Toxicity 3. Yes No Is the waste listed as defined in 40 CFR Part 261? 4. Yes No Is the waste hazardous per state-of-generation regulations? _______________________________________________________________ State of generation 5. Yes No Has the waste been treated? 6. If sampling and analysis was used for RCRA characterization, complete applicable portions of summary table below. If analytical results are available for additional hazardous constituents, attach an equivalent summary table. Exceeds Sample Regulatory Known or Analysis Detection Limit Level? Expected? (mg/L) Confidence Interval (mg/L) Yes No Yes No (Statistical Mean) TCLP Metals: Arsenic ________ _______ to _______ _________ Barium ________ _______ to _______ _________ Cadmium ________ _______ to _______ _________ Chromium ________ _______ to _______ _________ Lead ________ _______ to _______ _________ Mercury ________ _______ to _______ _________ Selenium ________ _______ to _______ _________ Silver ________ _______ to _______ _________ IV-66 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements Exceeds Sample Regulatory Known or Analysis Detection Limit Level? Expected? (mg/L) Confidence Interval (mg/L) Yes No Yes No (Statistical Mean) TCLP Volatiles: ________ _______ to _______ _________ Benzene Carbon ________ _______ to _______ _________ Tetrachloride Chlorobenzene ________ _______ to _______ _________ Chloroform ________ _______ to _______ _________ 1,4-Dichloro- ________ _______ to _______ _________ benzene 1,2-Dichloro- ________ _______ to _______ _________ ethane 1,1-Dichloro- ________ _______ to _______ _________ ethylene Methyl ethyl ________ _______ to _______ _________ ketone Pyridine ________ _______ to _______ _________ Tetrachloroethylene ________ _______ to _______ _________ Trichloroethylene ________ _______ to _______ _________ Vinyl chloride ________ _______ to _______ _________ TCLP Semivolatiles: 0-Cresol ________ _______ to _______ _________ M-Cresol ________ _______ to _______ _________ p-Cresol ________ _______ to _______ _________ Cresol ________ _______ to _______ _________ 2,4-Dinitrotoluene ________ _______ to _______ _________ Hexachlorobenzene ________ _______ to _______ _________ Hexachlorobutadiene ________ _______ to _______ _________ DOE G 435.1-1 IV-67 7-09-99 Chapter IV - Low-Level Waste Requirements Exceeds Sample Regulatory Known or Analysis Detection Limit Level? Expected? (mg/L) Confidence Interval (mg/L) Yes No Yes No (Statistical Mean) Hexachloroethane ________ _______ to _______ _________

Nitrobenzene ________ _______ to _______ _________ Pentachlorophenol ________ _______ to _______ _________ 2,4,5-Trichloro- ________ _______ to _______ _________ phenol 2,4,6-Trichloro- ________ _______ to _______ _________ phenol TCLP Pesticides and Herbicides: Chlordante ________ _______ to _______ _________ 2,4-D ________ _______ to _______ _________ Endrin ________ _______ to _______ _________ Heptachlor ________ _______ to _______ _________ (And its hydroxide) Lindane ________ _______ to _______ _________ Methoxychlor ________ _______ to _______ _________ Toxaphene ________ _______ to _______ _________ 2,4,5-TP(Silver) ________ _______ to _______ _________ E. Radiological Properties 1. Radiological Characterization by (Check all that apply) Process Knowledge Sampling & Analysis Materials Control & Accountability Direct Measurement Gross Radiation Measurement Other _______________ 2. Were the following used in radiological characterization ? Scaling Factors Ratios IV-68 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements 3. List reportable radionuclides. Activity Repre- sentative of Final Activity Range Waste Form Radionuclide (BQ/m3) (Bq/m3) _________________________ __________________ to __________________ __________________ _________________________ __________________ to __________________ __________________ _________________________ __________________ to __________________ __________________ _________________________ __________________ to __________________ __________________ _________________________ __________________ to __________________ __________________ _________________________ __________________ to __________________ __________________ _________________________ __________________ to __________________ __________________ _________________________ __________________ to __________________ __________________ _________________________ __________________ to __________________ __________________ _________________________ __________________ to __________________ __________________ _________________________ __________________ to __________________ __________________ 4. Yes No Does the waste contain transuranic waste creating nuclides? Activity Repre- sentative of Final Activity Range Waste Form Transuranic Nuclides (nCi/g) (nCi/g) ________________________ __________________ to _________________ __________________ ________________________ __________________ to _________________ __________________ _________________________ __________________ to _________________ __________________ _________________________ __________________ to _________________ __________________ _________________________ __________________ to _________________ __________________ DOE G 435.1-1 IV-69 7-09-99 Chapter IV - Low-Level Waste Requirements 5. Yes No Is enriched uranium present? If yes, provide enrichment of U-253 by weight percent _________. Provide Maximum mass U-235 per package __________ g/package. Reference controlling documents. 6. Yes No are other fissionable nuclides present? If yes, list below. Nuclide Maximum Activity Concentration (Bg/m3) F. Packaging Description 1. Container type(s) DOT Specification(s) ______________________________________________________________ Yes No N/A Does container meet 3,375 lb/ft2 strength test? 2. Standard container external dimensions Packaged bulk external dimensions 3. Weight Range kg to

4. Yes No Waste stream includes unclassified material. 5. Yes No Waste stream includes classified material. 6. Yes No Estimated radiation dose rate at disposal package surface. to mSv/h, at 1 mwrwe to mSv/h. G. Generator Signature To the best of my knowledge, the information in this document and attachments is true and accurate. Preparer's Printed Name Signature Date Waste Certification Official's Printed Name Signature Date U.S. Department of Energy Signature Date IV-70 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements IV. I. Waste Characterization. Low-level waste shall be characterized using direct or indirect methods, and the characterization documented in sufficient detail to ensure safe management and compliance with the waste acceptance requirements of the facility receiving the waste. Objective: The objective of this requirement is to ensure that sufficient knowledge of low-level waste’s characteristics (e.g., chemical, physical, radiological) is available to protect workers handling the waste and to support effective decision-making for its management. This information is to be maintained from generation, through storage and treatment in sufficient detail to ensure that the requirements of subsequent treatment and storage facilities, transportation regulations, and the disposal requirements for low-level waste will be met. Discussion: The Radioactive Waste Management Manual assigns the Field Element Manager the responsibility of ensuring development, approval, and implementation of a program that addresses the responsibilities of waste generators, including waste characterization (DOE M 435.1-1, Section I.2.F.(7)). The characterization data acquired during generation, storage, and after treatment of low-level waste need to be reliable and in sufficient detail to ensure subsequent management can be conducted safely and to meet the waste acceptance requirements of all subsequent receiving facilities. Accurate characterization of low-level waste is essential to: 1) waste planning by generators, as required by DOE M 435.1-1, Section IV.H; 2) waste certification by generators and other senders of waste, as required by DOE M 435.1-1, Section IV.J; 3) waste transfers by generators and other senders of waste, as required by DOE M 435.1 Section IV.K; and; 4) waste evaluation and acceptance by receivers of waste, as required by DOE M 435.1-1, Section IV.G. In conducting the analyses for development of the DOE M 435.1-1, characterization was identified as necessary to ensuring the safe management of waste from generation through disposal. Waste characterization is defined (DOE M 435.1-1, Attachment 2) as: “The identification of waste composition and properties, such as by review of acceptable knowledge (which includes process knowledge), or by nondestructive examination, nondestructive assay, or sampling and analysis, to comply with applicable storage, treatment, handling, transportation, and disposal requirements.” DOE G 435.1-1 IV-71 7-09-99 Chapter IV - Low-Level Waste Requirements Accurate waste characterization is necessary so that the waste and waste containers are compatible and worker handling of waste containers can be performed safely. All information necessary for personnel to safely handle a container of low-level waste needs to be known at all times during the life-cycle of the waste.

Waste characterization is a tool for gathering information that supports defensible decisions regarding safety, process, environmental and compliance matters in the management of low-level waste. The significance of the waste management decision will guide the graded application of this requirement, as well as the more detailed characterization requirements addressed in subsequent sections of this guidance. These subsequent sections address application of a data quality objectives process to guide characterization (Section IV.I.(1)) and minimum characterization requirements (Section IV.I.(2)). Use of Direct and Indirect Methods. Waste managers are to characterize low-level waste using an appropriate combination of direct and indirect methods. The appropriate method for characterizing waste depends on the parameter being measured, the hazards associated with acquiring the information, and the amount and quality of the data needed as determined through a data quality objectives or similar process. Direct methods of characterizing waste can be used to established certain physical and chemical attributes as well as radiological characteristics. The most common direct methods for characterizing the chemical and/or radiological characteristics are sampling and laboratory analyses and certain nondestructive evaluation techniques (e.g., real-time radiography). Direct characterization methods are conducted in accordance with the quality assurance program and plan governing the site and laboratory facilities. Indirect methods of characterization use non-destructive examination techniques and acceptable knowledge to replace, supplement, and/or initially provide data that might otherwise be collected by direct, intrusive characterization of the waste. In the safety and hazard analysis performed in support of development of DOE M 435.1-1, the use of indirect methods was identified as an appropriate means of characterizing waste and at the same time complying with the as low as reasonably achievable (ALARA) principle for keeping radiation exposures to a minimum. An additional benefit of characterizing low-level waste by the use of indirect methods is the avoidance of the generation of waste associated with sample materials, and laboratory equipment and expendables. In order for indirect methods of low-level waste characterization to serve their purpose of providing information necessary for the safe management of waste, the data need to be sufficiently accurate. The level of accuracy is determined through application of data quality objectives, or comparable process. Consistent with the data quality objectives, correlations demonstrating that data provided by indirect methods are representative of the actual waste may need to be IV-72 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements supported through the application of direct methods. The methodology could employ a number of techniques, some of which involve some direct sampling and analysis of the waste stream. The following guidance paragraphs discuss different indirect methods. Similar to the EPA and NRC guidance on characterizing mixed waste, DOE endorses the use of indirect methods such as the use of acceptable or waste knowledge for characterizing physical, chemical, RCRA-regulated and radioactive components of waste. The term acceptable knowledge (or waste knowledge) includes process knowledge; records of analyses performed prior to the effective date of a requirement; or a combination of process knowledge and previous records, supplemented with chemical analyses (NRC/EPA, 1997). Process knowledge refers to detailed information on processes that generate waste subject to this requirement or information on processes similar to that which generated the waste being characterized.

Acceptable knowledge characterization of low-level waste is based on an understanding of the materials and processes used to generate the waste, or analytical data obtained from the process or waste stream or both. Acceptable knowledge also includes information regarding the source of the waste stream, the physical form and materials comprising the waste, the chemical constituents of the waste, and the nature of the radioactivity present. Acceptable knowledge may be used to describe low-level waste if the source information is consistent, defensible, and auditable. In practice, acceptable knowledge can be effectively used where low-level waste is generated in well known and tightly controlled processes for which the product is highly predictable. While the development of a process for identifying and documenting low-level waste acceptable knowledge is not dictated by this requirement, the following guidance provides an overview of elements of an acceptable process for assembling acceptable knowledge documentation: C Acceptable knowledge is compiled in an auditable record. C Correlations within waste streams in terms of time of generation, waste generating processes, analytical data, and site-specific facilities are clearly described. C A reference list of applicable documents, databases, quality control protocols, and other sources of information that support the acceptable knowledge information is prepared. C Procedures which outline the methodology that is to be used to identify and assemble auditable acceptable knowledge records, including the origin of the documentation, how the assembled information was or will be used, and any limitations associated with the information. DOE G 435.1-1 IV-73 7-09-99 Chapter IV - Low-Level Waste Requirements Characterization data gained through acceptable knowledge must be within the acceptable range of certainty and precision identified by the data quality objectives or similar process. Additionally, the effects of time-dependent processes must either be negligible or predictable. If acceptable knowledge is supported by the collection, analysis, and comparison of statistically valid samples with the acceptable knowledge records, periodicity of sampling and analysis should correlate with the nature of any changes in the process creating the waste or with changes that are being documented in characterization data. Non-destructive examination and assay techniques use methods such as passive-active neutron assay, high resolution gamma ray spectroscopy, and thermal neutron capture to non-destructively collect data relating to the radionuclide constituents in the waste. Acceptable performance of assay techniques is determined through measurement of known standards and comparison to established quality assurance objectives of the applicable characterization program. A process, similar to the one discussed above regarding acceptable knowledge needs to be established and documented in site procedures that outline the exact nature of the acceptable use of non- destructive examination techniques for providing characterization information on waste. Another indirect method of providing radionuclide characterization data is through the use of a known relationship, or scaling factors, between a measured radionuclide or a dose rate and the radionuclide(s) of interest. As discussed above for acceptable knowledge and non-destructive examination techniques, use of scaling factors must be correlated with actual data.

The use of scaling factors is generally established by an initial characterization that provides a statistical basis for use of the scaling factors. As with any indirect method, the characterization program needs to include confirmatory measurements. The frequency of the confirmatory measurements is based on the consistency of the process generating the waste. Additionally, the history of previous confirmatory measurements may also influence the frequency of future confirmatory measurements with results that are very consistent providing justification for less frequent confirmatory measurements. Example: A low-level waste stream from an actinide processing building is sampled and analyzed and determined to be composed of three primary nuclides: Pu-239, Am-241, and Pu-238. The samples are found to contain the three radionuclides in essentially the same ratio. The process is known to be uniform and is therefore expected to generate similar concentrations in the waste stream as the facility is operated. Therefore, the contents of future waste containers are routinely characterized based on a gamma energy analysis which detects gamma radiation from the Am-241 and Pu-238. The characterization program requires the collection and full analysis of samples once a month to confirm that the ratio of the three radionuclides falls within an acceptable range (based on application of the data quality objectives process). IV-74 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements Characterization Documentation. The requirement states that characterization data shall be documented in sufficient detail to enable the waste acceptance requirements of the receiving facility to be met. The following elements are essential to this process for acquiring and controlling characterization data: Organization(s) and Responsibilities - Identification of the organizations involved and responsible for characterization of low-level waste. Quality Assurance - Characterization data need to be subjected to a quality assurance program and the program that applies need to be identified and documented. Procedures - The process for obtaining waste characterization data is formalized in procedures which describe to the user the steps that are to be followed and the administrative process for ensuring the data are of the quality needed. Topics that need to be proceduralized include the processes for sampling, packaging, transportation, laboratory analysis, and data control. Procurement/Purchasing Controls - The procurement and/or purchasing of items or services that are significant to characterizing low-level waste are controlled and documented. Such procurement includes the purchase of sampling equipment and sample transport containers, as well as services such as laboratory analyses (onsite or offsite). As dictated by the type of procurement, the documentation needs to include (or reference) the technical specifications for the item/service being procured, identification of quality assurance requirements including any required inspections, specifications of documentation requirements (e.g., certification of compliance or conformance, laboratory analytical results), and a statement ensuring access to the provider’s facilities as necessary to perform audits and inspections. The characterization data need to be traceable through the provider’s process of generating it and verifying its accuracy.

Document/Data Change Control - Records that contain characterization data, whether it has been generated through sampling and analysis, nondestructive assay, or acceptable knowledge, need to be controlled. In addition, the waste characterization procedures and quality assurance program documentation are subject to document control. Document and data control need to include review, approval, and distribution to designated recipients (users), and a controlled process for making revisions to documents or data. Existing document and data control programs at a site may be adequate to provide the necessary controls for documents related to low-level waste characterization data, but will need to be reviewed to ensure the objectives of DOE M 435.1-1 requirements are met. Training - Characterization data are generated and managed only by personnel that are properly trained to recognize the significance of the data. Generally, training of laboratory DOE G 435.1-1 IV-75 7-09-99 Chapter IV - Low-Level Waste Requirements personnel will be adequate to support low-level waste characterization, but needs to be reviewed versus the goals of the characterization. Other staff managing and using characterization data need to understand what is to be done with the data (i.e., what decisions are to be made) once data are collected. Records - Waste characterization records include those that are necessary to meet the waste acceptance requirements of receiving facilities, and as specified by the waste certification program DOE M 435.1-1, Section IV.J. As noted above, existing programs at a site may provide the framework within which the elements of waste characterization can be addressed (e.g., quality assurance, training, document control). The waste acceptance requirements of a facility to which the waste is sent also may impose additional requirements on what is to be included in the waste characterization data. The waste acceptance requirements for the receiving facility include specific quality assurance, administrative, or documentation requirements so that waste characterization data are acceptable to the facility. Example: Requirements have been established for the characterization of low-level waste for the disposal facility at the Nevada Test Site. These characterization requirements are documented in Chapter 4.0 of the Nevada Test Site Waste Acceptance Criteria (NTSWAC), Revision 1. One of the requirements described there is the preparation and submittal of waste profile forms containing characterization information. Compliance with this requirement is demonstrated by a program for documenting and the existence of records that document the process for acquiring and verifying the validity of low- level waste characterization data acquired through the use of direct or indirect methods. Supplemental References: 1. CAO, 1996. Waste Acceptance Criteria for the Waste Isolation Pilot Plant, DOE/WIPP-069, Revision 5, U.S. Department of Energy, Carlsbad Area Office, Carlsbad, NM, April 1996. 2. EPA, 1994. Guidance for the Data Quality Objectives Process, EPA QA/G-4, U.S. Environmental Protection Agency, Washington, D.C., September 1994. 3. NRC/EPA, 1997. “Joint NRC/EPA Guidance on Testing Requirements for Mixed Radioactive and Hazardous Waste,” Federal Register, Vol. 62, No. 224, U.S. IV-76 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements Environmental Protection Agency and U.S. Nuclear Regulatory Commission, November 20, 1997.

IV. I.(1) Data Quality Objectives. The data quality objectives process, or a comparable process, shall be used for identifying characterization parameters and acceptable uncertainty in characterization data. Objective: The objective of this requirement is to invoke a process for determining the type, quantity, and quality of characterization data needed to support the safe management of low-level waste so as to ensure that needed data are acquired, the data meet the objectives they are being collected for, and resources are not wasted on unnecessary, incomplete, or unusable data collection efforts. Discussion: The type, quantity, and quality of characterization data obtained for the safe management of low- level waste need to be consistent with the purpose for which the characterization information will be used. The uses of low-level waste characterization data include: complying with storage, treatment, and disposal facilities’ waste acceptance requirements; determining radiation shielding and other protective measures; evaluating compliance with processing requirements; and meeting legislative or regulatory commitments. This requirement is included in DOE M 435.1 to ensure that the appropriate characterization data to support the safe management of low-level waste are generated. The requirement is intended to promote a structured process for the collection and use of low-level waste characterization data and to avoid the collection of data that is neither necessary nor defensible. Input from various waste management organizations and interested groups is necessary to establish a clear understanding of the characterization data needs and the level of data quality that is acceptable for making low-level waste management decisions. The current requirement invokes the use of a structured process for determining the type, quantity, and quality of characterization data needed. Such a process, called a data quality objectives process, has been developed by the Environmental Protection Agency and is documented in Guidance for the Data Quality Objectives Process (Reference 1). Application of the EPA process and use of the EPA guidance is an acceptable way of meeting this requirement. However, use of other comparable processes that employ a structured approach to yield similar results is also acceptable. The objectives of applying a structured process such as the data quality objectives process are to: C manage and control the risks of making incorrect decisions; DOE G 435.1-1 IV-77 7-09-99 Chapter IV - Low-Level Waste Requirements C determine the data required to support making specific decisions; C determine the type and quality of required data; C allow stakeholders, decision makers, data users, and relevant technical experts to participate in planning and assessment; C determine the quantity, location, and type of samples required; C quantify the uncertainty in data through development of statistical sampling plans; and C reduce overall costs by identifying resource-efficient sample collection and analytical methods by optimizing the sample and analysis plans. The data quality objective process is a strategic planning approach based on the scientific method that is used to prepare for a data collection activity. The value of using this process to develop low-level waste characterization parameters is that it: reduces radiation exposure and saves resources by making characterization data collection operations more resource-effective; enables characterization data users and others to participate in characterization data planning; and provides a structured method for defining characterization data performance requirements, i.e., quality.

To foster the development and implementation of an effective data quality objectives or similar process, individuals are assigned responsibility for specific activities for each application of the process. Key activities of the process include: • preparing the data quality objectives documentation; • identifying stakeholders; • identifying technical experts; • ensuring opportunities for input and coordinating stakeholder and technical experts into the data quality objective process; • reviewing and commenting on the developed data quality objectives; and • approving the data quality objectives documents. IV-78 DOE G 435.1-1 7-09-99 Chapter IV - Low-Level Waste Requirements A more detailed description of the assignment of specific responsibilities for implementing a data quality objectives or similar process is presented in the Hanford “Data Quality Objectives Procedure” (Reference 2). The data quality objectives process consists of seven steps. The output from each step influences the choices that will be made later in the process. Even though the data quality objectives process is depicted as a linear sequence of steps, in practice it is iterative; the outputs from one step may lead to a reconsideration of prior steps. This iteration is encouraged since it will ultimately lead to a more efficient data collection design. During the first six steps of the process, a team of process-cognizant personnel should develop decision performance criteria (i.e., data quality objectives) that will be used to develop the data collection design. The final step of the process involves developing the data collection design based on the data quality objectives developed in the first six steps. The first six steps need to be completed before the team attempts to develop the data collection design because the design is dependent on a clear understanding of the first six steps taken as a whole. Following is a listing and brief description of each of the seven steps. This is followed by an example of how the data quality objectives process can be applied to low-level waste characterization. 1. State the Problem – Concisely describe the problem to be studied. Review prior studies and existing information to gain a sufficient understanding to define the problem. 2. Identify the Decision – Identify what questions the study will attempt to resolve, and what actions may result. 3. Identify the Inputs to the Decision – Identify the information that needs to be obtained and the measurements that need to be taken to resolve the decision statement. 4. Define the Study Boundaries – Specify the time periods and spatial area to which decisions will apply. Determine when and where data should be collected. 5. Develop a Decision Rule – Define the statistical parameter of interest, specify the action level, and integrate the previous data quality objective outputs into a single statement that describes the logical basis for choosing among alternative actions. 6. Specify Tolerable Limits on Decision Errors – Define the decision maker’s tolerable decision error rates based on a consideration of the consequences of making an incorrect decision. DOE G 435.1-1 IV-79 7-09-99 Chapter IV - Low-Level Waste Requirements 7. Optimize the Design – Evaluate information from the previous steps and generate alternative data collection designs. Choose the most resource-effective design that meets all data quality objectives.

Example: The Blue Disposal Facility at Site X needed to establish the requirements for acceptable waste potentially containing free liquids for disposal. Due to their performance assessment and public concerns, the operating manual for the facility will specify that no free liquids shall be disposed, so the acceptance documentation must specify what specifically must be done to waste before it is shipped to ensure there will be no free liquids upon arrival. They used a data quality objectives-like process to answer some of the questions or issues related to the waste acceptance criterion. The Site X personnel worked with technical experts from several waste generators to address the issues. The question was formulated as, what does a generator have to do with waste that contains liquids that could potentially become free due to vibration and thermal cycling during transport? The answer to this question could make a significant difference in the cost of making waste streams consisting o