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Radioactive Waste Classification and Regulation 95 DU generated by civilian activities should be regulated as LLW but has not yet determined how to do so.42 • Special nuclear material is defined by AEA as plutonium, U-233, any mix of uranium isotopes enriched with concentrations of U-235 or U-233 above naturally occurring levels, or other material designated as such by NRC. The United States has substantial stocks of plutonium and U-235 enriched uranium that have no military use, since the country has ceased to expand its nuclear arsenal.43 However , because these materials are statutorily defined as special nuclear material, they are not classified or regulated as byproduct waste. The federal government has designated portions of its plutonium and enriched uranium stockpiles as surplus , which DOE is consolidating and storing.44 The government plans to convert most of this surplus special material into fuel, either by down-blending U-235 enriched uranium to concentrations suitable for use as fuel, or by using plutonium to make MOX fuel. Some of the surplus material will, however, be packaged and disposed of in the same manner as HLW.45 Table 2.3 provides a summary of the most important components of the U.S. nuclear waste regulatory classification system. Nuclear Waste Regulatory Classification and Requirements This subsection provides a more detailed account of current U.S. regulatory classifications for the most important radioactive wastes and associated regulatory requirements and disposal practices. Low-Level Waste LLW is defined by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA) to consist of all radioactive material other than HLW, SNF, TRU, and certain nonreactor wastes, including radium-226 sources and material irradiated during the production of special nuclear material.46 LLW is thus a residual category. Most non­ reactor wastes, including accelerator-produced and naturally occurring materials (NARM/NORM), are excluded and are not subject to federal regulation. NRC regulates civilian LLW, which it classifies by regulation. It subdivides LLW into four classes, from lowest to greatest hazard: class A, class B, class C, and greaterthan -class C (GTCC).47 LLRWPAA makes disposal of class A, B, and C wastes the responsibility of the states, except for material owned or generated by DOE and U.S. Navy decommissioning programs. Disposal of civilian GTCC waste, along with DOE and U.S. Navy waste, is the responsibility of the federal government.48 DOE self-manages its own LLW, which is not subject to NRC’s jurisdiction, but DOE’s published internal regulations echo NRC’s regulations for LLW waste.49 Although the term “low level” connotes little danger, the nomenclature is misleading. Some GTCC LLW waste can be as radioactive as some HLW, and both class B and class C wastes can also pose quite substantial radiation hazards if not properly managed. The sub-classifications of LLW are delineated according to tables of radioactivity concentration, as illustrated by Table 2.4.50 Table 2.3. U.S. nuclear waste regulatory classification system Source of waste Waste classification Definition Civilian generated Government generated Regulatory authority* Tools for management Fuel cycle waste Spent nuclear fuel (SNF) Irradiated reactor fuel rods declared as waste Yes Yes NRC, DOE Geiger counter, NaI detector, heavy protective clothing High-level waste (HLW) Waste derived from SNF reprocessing Minimal** Yes Principally DOE Geiger counter, NaI detector, heavy protective clothing Transuranic waste (TRU) Isotopes of uranium and heavier elements derived mainly from government weapons manufacture and irradiated protective gear Negligible Yes DOE Geiger counter, NaI detector, shielding Low-level waste (LLW) Everything not falling into other categories Yes Yes NRC, DOE Varies by subcategories Uranium/ thorium mill tailings Leftover radioactive ore materials from nuclear fuel production Yes Yes NRC, DOE Geiger counter, NaI detector, heavy protective clothing Other reactor waste Irradiated reactor parts and shielding (classified as LLW) Waste from decommissioned reactors and protective gear Yes Yes NRC, DOE Geiger counter, NaI detector, lighter protective clothing Naturally occurring and acceleratorproduced waste (NARM) Acceleratorproduced waste (ARM) Nuclear material produced in accelerators, often for medical or research purposes Yes Yes NRC, states Geiger counter, NaI detector, lighter protective clothing Naturally occurring radioactive material (NORM) Radioactive materials that occur naturally N/A N/A States*** Geiger counter, NaI detector, lighter protective clothing *Any type of waste mixed with other toxic chemicals (mixed waste) is subject also to EPA’s regulatory authority. **A small amount of civilian HLW remains; it is onsite at West Valley, the only facility that actively reprocessed civilian SNF. Reprocessing was...

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