2026-13302Proposed RuleWallet

NRC Proposes Smarter Rules for Radioactive Trash

Published Date: 7/1/2026

Proposed Rule

Summary

The Nuclear Regulatory Commission is updating rules for disposing of low-level radioactive waste, making it safer and more flexible. This affects waste disposal sites, which will now follow a smarter, risk-based system tailored to their specific conditions. Comments on these changes are open until August 17, 2026, giving everyone a chance to weigh in before new rules roll out.

Analyzed Economic Effects

8 provisions identified: 3 benefits, 4 costs, 1 mixed.

New technical rules for GTCC disposal

If an existing or future low-level radioactive waste (LLW) facility plans to accept Greater-Than-Class C (GTCC) waste or significant quantities of long-lived radionuclides, the facility must comply with new site-specific technical analyses, inadvertent-intruder assessments, and other revised requirements (see proposed Secs. 61.13(c), 61.56, and related sections). This means facilities that accept those waste streams will need to prepare and submit expanded technical demonstrations to the NRC.

Site-specific waste acceptance criteria

The proposed rule allows facilities to develop site-specific waste acceptance criteria (WAC) based on their own technical analyses or to use generic criteria based on existing LLW classification (proposed Sec. 61.58). This gives facilities the option to tailor acceptance rules to site characteristics.

New long-term compliance timeframes

The rule specifies a 1,000-year compliance period for sites that do not contain significant quantities of long-lived radionuclides and a 10,000-year compliance period for sites planning to accept significant quantities of long-lived radionuclides (see proposed Secs. 61.2, 61.41(a), and 61.42(a)). Facilities planning to accept long-lived radionuclides must meet the longer 10,000-year performance period.

Radionuclide concentration thresholds set

The proposed rule establishes thresholds for radionuclide concentrations in GTCC waste above which that waste is generally not acceptable for near-surface disposal, and thresholds above which waste is not acceptable for any type of land disposal (see proposed Sec. 61.55). These thresholds will determine which disposal pathways are available for particular wastes.

NRC projects net industry savings

The NRC's draft regulatory analysis estimates net cost savings to industry, Agreement States, and the NRC of $39.4 million over 30 years using a 7% discount rate and $69.9 million using a 3% discount rate. The analysis reports net annualized cost savings of about $3.17 million per year (7% rate) and $3.57 million per year (3% rate).

Existing sites can keep old rules

Currently licensed LLW facilities that do not plan to accept significant quantities of long-lived radionuclides or do not apply to the NRC to accept GTCC waste can continue to meet the original part 61 requirements (retained in revised Secs. 61.13(f), 61.41(c), 61.42(c), and 61.50(c)) rather than adopt the new requirements. This lets many existing licensees keep their current waste acceptance practices after the rule's effective date.

NRC keeps GTCC disposal authority

The proposed rule clarifies that regulation of GTCC waste disposal is not a category that can be relinquished to Agreement States; the NRC would retain authority over GTCC waste disposal. This means Agreement States cannot assume regulatory control over GTCC disposal under Section 274.

Criticality and physical protection clarifications

The rule clarifies criticality safety and physical protection requirements: exempting waste that meets 10 CFR 71.15(c) as non-fissile from certain criticality provisions, requiring design features to limit reconcentration of fissile material for near-surface disposal when subject to 10 CFR 70.24, and clarifying physical protection for dilute SNM or Category III SNM (see proposed Secs. 61.16(b) and 73.67).

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Key Dates

Published Date
Comments Due
7/1/2026
8/17/2026

Department and Agencies

Department
Independent Agency
Agency
Nuclear Regulatory Commission
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