High-level waste, current definition

NRC s current regulatory definition of high-level waste is contained in 10 CFR Part 60 (NRC, 1983). Specifically ... 

EPA s current definition of high-level waste was first developed in 1985 (EPA, 1985) and is contained in 40 CFR Part 191 (EPA, 1993a). This definition defers to NWPA, and spent fuel is defined separately from high-level waste as in the Act. Thus, EPA has adopted the traditional, source-based definition of high-level waste. 

AEA, and given the current statutory definition of low-level waste by exclusion and the applicability of this definition only to wastes regulated under AEA, it is not evident how NRC could develop a new definition of low-level waste that would be different from the current exclusionary definition unless NRC first developed a new definition of high-level waste in accordance with Clause (B) of NWPA (see Section 4.1.2.3.1). 

NRC has developed licensing criteria for near-surface disposal of waste that contains source, special nuclear, or byproduct materials in 10 CFR Part 61 (NRC, 1982a). These regulations are intended to apply primarily to disposal of commercial low-level waste. They do not include a definition of low-level waste but essentially defer to the current statutory definition in the Low-Level Radioactive Waste Policy Amendments Act of 1985. Thus, low-level waste can include wastes with high concentrations of radionuclides that are not generally acceptable for near-surface disposal in accordance with the licensing criteria in 10 CFR Part 61 (NRC, 1982a). 

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