10 C.F.R. § 61.55

Waste classification

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(a) Classification of waste for near surface disposal—(1) Considerations. Determination of the classification of radioactive waste involves two considerations. First, consideration must be given to the concentration of long-lived radionuclides (and their shorter-lived precursors) whose potential hazard will persist long after such precautions as institutional controls, improved waste form, and deeper disposal have ceased to be effective. These precautions delay the time when long-lived radionuclides could cause exposures. In addition, the magnitude of the potential dose is limited by the concentration and availability of the radionuclide at the time of exposure. Second, consideration must be given to the concentration of shorter-lived radionuclides for which requirements on institutional controls, waste form, and disposal methods are effective.

(2) Classes of waste. (i) Class A waste is waste that is usually segregated from other waste classes at the disposal site. The physical form and characteristics of Class A waste must meet the minimum requirements set forth in § 61.56(a). If Class A waste also meets the stability requirements set forth in § 61.56(b), it is not necessary to segregate the waste for disposal.

(ii) Class B waste is waste that must meet more rigorous requirements on waste form to ensure stability after disposal. The physical form and characteristics of Class B waste must meet both the minimum and stability requirements set forth in § 61.56.

(iii) Class C waste is waste that not only must meet more rigorous requirements on waste form to ensure stability but also requires additional measures at the disposal facility to protect against inadvertent intrusion. The physical form and characteristics of Class C waste must meet both the minimum and stability requirements set forth in § 61.56.

(iv) Waste that is not generally acceptable for near-surface disposal is waste for which form and disposal methods must be different, and in general more stringent, than those specified for Class C waste. In the absence of specific requirements in this part, such waste must be disposed of in a geologic repository as defined in part 60 or 63 of this chapter unless proposals for disposal of such waste in a disposal site licensed pursuant to this part are approved by the Commission.

(3) Classification determined by long-lived radionuclides. If radioactive waste contains only radionuclides listed in Table 1, classification shall be determined as follows:

(i) If the concentration does not exceed 0.1 times the value in Table 1, the waste is Class A.

(ii) If the concentration exceeds 0.1 times the value in Table 1 but does not exceed the value in Table 1, the waste is Class C.

(iii) If the concentration exceeds the value in Table 1, the waste is not generally acceptable for near-surface disposal.

(iv) For wastes containing mixtures of radionuclides listed in Table 1, the total concentration shall be determined by the sum of fractions rule described in paragraph (a)(7) of this section.

Table 1

RadionuclideConcentration curies per cubic meter
C-148
C-14 in activated metal80
Ni-59 in activated metal220
Nb-94 in activated metal0.2
Tc-993
I-1290.08
Alpha emitting transuranic nuclides with half-life greater than 5 years1 100
Pu-2411 3,500
Cm-2421 20,000
1 Units are nanocuries per gram.

(4) Classification determined by short-lived radionuclides. If radioactive waste does not contain any of the radionuclides listed in Table 1, classification shall be determined based on the concentrations shown in Table 2. However, as specified in paragraph (a)(6) of this section, if radioactive waste does not contain any nuclides listed in either Table 1 or 2, it is Class A.

(i) If the concentration does not exceed the value in Column 1, the waste is Class A.

(ii) If the concentration exceeds the value in Column 1, but does not exceed the value in Column 2, the waste is Class B.

(iii) If the concentration exceeds the value in Column 2, but does not exceed the value in Column 3, the waste is Class C.

(iv) If the concentration exceeds the value in Column 3, the waste is not generally acceptable for near-surface disposal.

(v) For wastes containing mixtures of the nuclides listed in Table 2, the total concentration shall be determined by the sum of fractions rule described in paragraph (a)(7) of this section.

Table 2

RadionuclideConcentration, curies per cubic meter
Col. 1Col. 2Col. 3
Total of all nuclides with less than 5 year half-life700(1)(1)
H-340(1)(1)
Co-60700(1)(1)
Ni-633.570700
Ni-63 in activated metal357007000
Sr-900.041507000
Cs-1371444600
1 There are no limits established for these radionuclides in Class B or C wastes. Practical considerations such as the effects of external radiation and internal heat generation on transportation, handling, and disposal will limit the concentrations for these wastes. These wastes shall be Class B unless the concentrations of other nuclides in Table 2 determine the waste to be Class C independent of these nuclides.

(5) Classification determined by both long- and short-lived radionuclides. If radioactive waste contains a mixture of radionuclides, some of which are listed in Table 1, and some of which are listed in Table 2, classification shall be determined as follows:

(i) If the concentration of a nuclide listed in Table 1 does not exceed 0.1 times the value listed in Table 1, the class shall be that determined by the concentration of nuclides listed in Table 2.

(ii) If the concentration of a nuclide listed in Table 1 exceeds 0.1 times the value listed in Table 1 but does not exceed the value in Table 1, the waste shall be Class C, provided the concentration of nuclides listed in Table 2 does not exceed the value shown in Column 3 of Table 2.

(6) Classification of wastes with radionuclides other than those listed in Tables 1 and 2. If radioactive waste does not contain any nuclides listed in either Table 1 or 2, it is Class A.

(7) The sum of the fractions rule for mixtures of radionuclides. For determining classification for waste that contains a mixture of radionuclides, it is necessary to determine the sum of fractions by dividing each nuclide's concentration by the appropriate limit and adding the resulting values. The appropriate limits must all be taken from the same column of the same table. The sum of the fractions for the column must be less than 1.0 if the waste class is to be determined by that column. Example: A waste contains Sr-90 in a concentration of 50 Ci/m 3 and Cs-137 in a concentration of 22 Ci/m 3. Since the concentrations both exceed the values in Column 1, Table 2, they must be compared to Column 2 values. For Sr-90 fraction 50/150 = 0.33; for Cs-137 fraction, 22/44 = 0.5; the sum of the fractions = 0.83. Since the sum is less than 1.0, the waste is Class B.

(8) Determination of concentrations in wastes. The concentration of a radionuclide may be determined by indirect methods such as use of scaling factors which relate the inferred concentration of one radionuclide to another that is measured, or radionuclide material accountability, if there is reasonable assurance that the indirect methods can be correlated with actual measurements. The concentration of a radionuclide may be averaged over the volume of the waste, or weight of the waste if the units are expressed as nanocuries per gram.

[47 FR 57463, Dec. 27, 1982, as amended at 54 FR 22583, May 25, 1989; 66 FR 55792, Nov. 2, 2001]
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 2003–2025 · leading case: Pac. Gas & Elec. Co. v. United States, 73 Fed. Cl. 333 (Fed. Cl. 2006).
Pac. Gas & Elec. Co. v. United States, 73 Fed. Cl. 333 (Fed. Cl. 2006). · cites it 4× “(citing 10 C.F.R. § 61.55 (a)(2)(iv)). Thus, plaintiff contends that “GTCC waste fits th[e] definition” of HLW in the Standard Contract and the government is contractually obligated to collect it with PG & E’s spent fuel.”
Yankee Atomic Elec. Co. v. United States, 536 F.3d 1268 (Fed. Cir. 2008). · cites it 2× “See 10 C.F.R. § 61.55 (a)(2). Nuclear power generation creates GTCC when the metal components of a reactor, including the inside of the core shroud surrounding the nuclear core, control rods, and support plates that hold the reactor together, absorb neutrons during operation and…”
Yankee Atomic Elec. Co. v. United States, 73 Fed. Cl. 249 (Fed. Cl. 2006). “The Rule amended 10 C.F.R. § 61.55 (a)(2)(iv) ‘Waste Classification” to provide that GTCC waste “must be disposed of in a geologic repository .”
Boston Edison Co. v. United States, 93 Fed. Cl. 105 (Fed. Cl. 2010). “See 10 C.F.R. § 61.55 (a) (classifying radioactive waste based on the radionuclide concentration in specific types of waste).”
S. California Edison Co. v. United States, 93 Fed. Cl. 337 (Fed. Cl. 2010). “10 C.F.R. § 61.55 ; Joint Stip. ¶ 18. The GTCC waste accumulated from the dismantled Unit 1 reactor was stored temporarily in the Unit 2 and Unit 3 spent fuel pools.”
United States v. Energy Solutions, Inc., 265 F. Supp. 3d 415 (D. Del. 2017). · cites it 4× “( 10 C.F.R. § 61.55 ; D.I. 211 at 140:8-15) Class A has the lowest activity level and Greater Than Class C has the highest activity level.”
Yankee Atomic Power Co. v. United States, 94 Fed. Cl. 678 (Fed. Cl. 2010). “3d at 1277 (citing 10 C.F.R. § 61.55 (a)(2)(iv)), and “ample” record evidence of the government’s intention to *721 “ ‘pursue co-disposal of GTCC’ in a geologic repository with SNF.”
Sacramento Mun. Util. Dist. v. United States, 91 Fed. Cl. 9 (Fed. Cl. 2009). “10C.F.R. § 61.55(a)(2). . The Government's continued reluctance to accept the fact that the United States Court of Appeals for the Federal Circuit has held that the June 14, 1983 Standard Contract was breached by DOE on January 13, 1998, is an issue appropriate for the appellate…”
Indiana Michigan Power Co. v. United States, 57 Fed. Cl. 88 (Fed. Cl. 2003). “See 10 C.F.R. § 61.55 . . "[W]hile the Federal Government has the responsibility to provide for the permanent disposal of high-level radioactive waste and such spent nuclear fuel as may be disposed of in order to protect the public health and safety and the environment, the…”
Sacramento Mun. Util. Dist. v. United States, 130 Fed. Cl. 735 (Fed. Cl. 2017). · cites it 2× “See 10 C.F.R. 61.55(a)(1). Class A is the least hazardous, and Class C is the most.”
Exelon Generation Co LLC, Etc v. Twp. of lacey/oyster Creek Environmenal Protect v. Twp. of Lacey (N.J. Tax Ct. 2025). “See 10 C.F.R. § 61.55 (a)(2)(iv). 5 Light, 772 F.”
Exelon Generation Co LLC, Etc v. Twp. of lacey/oyster Creek Environmenal Protect v. Twp. of Lacey (N.J. Tax Ct. 2025). “See 10 C.F.R. § 61.55 (a)(2)(iv). 4 approximately measure 15 feet tall, 20 feet in length and 10 feet wide.”
— 10 C.F.R. § 61.55(a)(1) — 1 case
Sacramento Mun. Util. Dist. v. United States, 130 Fed. Cl. 735 (Fed. Cl. 2017). “See 10 C.F.R. 61.55(a)(1). Class A is the least hazardous, and Class C is the most.”
— 10 C.F.R. § 61.55(a)(2) — 2 cases
Sacramento Mun. Util. Dist. v. United States, 91 Fed. Cl. 9 (Fed. Cl. 2009). “10C.F.R. § 61.55(a)(2). . The Government's continued reluctance to accept the fact that the United States Court of Appeals for the Federal Circuit has held that the June 14, 1983 Standard Contract was breached by DOE on January 13, 1998, is an issue appropriate for the appellate…”
Sacramento Mun. Util. Dist. v. United States, 130 Fed. Cl. 735 (Fed. Cl. 2017). “See 10 C.F.R. 61.55(a)(1). Class A is the least hazardous, and Class C is the most.”
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