Passed in 1982, the Nuclear Waste Policy Act (NWPA) was an effort to establish an explicit statutory basis for the Department of Energy (DOE) to dispose of the nation’s most highly radioactive nuclear waste. The NWPA requires DOE to remove spent nuclear fuel from commercial nuclear power plants, in exchange for a fee, and transport it to a permanent geologic repository or an interim storage facility before permanent disposal. Defense-related high-level<br>waste is to go into the same repository.

The Director, Office of Civilian Radioactive Waste Management (OCRWM), Department of Energy (DOE), has identified the Clinch River Breeder Reactor site, the DOE Oak Ridge Reservation and the Tennessee Valley Authority (TVA) Hartsville Nuclear Plant site as preferred and alternative sites, respectively, for development of site-specific designs as part of the proposal for construction of an integrated Monitored Retrievable Storage (MRS) Facility. The proposal, developed pursuant to Section 141(b) of the Nuclear Waste Policy Act of 1982, will be submitted to Congress in January 1986.

In sum, we vacate 40 C.F.R. part 197 to the extent that it incorporates a 10,000-year compliance period because, contrary to EnPA section 801(a), that compliance period is not<br> &quot;based upon and consistent with &quot; the recommendations of the National Academy of Sciences. The remaining challenges to the EPA rule are without merit. We vacate the NRC rule insofar as it incorporates EPAÕs 10,000-year compliance period. In all other respects, we deny NevadaÕs petition for review challenging the NRC rule.

This final rule incorporates compliance criteria applicable at different times for protection of individuals and in circumstances involving human intrusion into the repository. Compliance will be judged against a standard of 150 microsieverts per year (_Sv/yr) (15 millirem per year (mrem/yr)) committed effective dose equivalent (CEDE) at times up to 10,000 years after disposal and against a standard of 1 millisievert per year (mSv/yr) (100 mrem/yr) CEDE at times after 10,000 years and up to 1 million years after disposal.

These guidelines were developed in accordance with the requirements of Section 112(a) of the Nuclear Waste Policy Act of 1982 for use by the Secretary of Energy in evaluating the suitability of sites. The guidelines will be used for suitability evaluations and determinations made pursuant to Section 112(b). The guidelines set forth in this part are intended to complement the requirements set forth in the Act, 10 CFR part 60, and 40 CFR part 191. The DOE recognizes NRC jurisdiction for the resolution of differences between the guidelines and 10 CFR part 60.

DOE hereby amends the policies under the Nuclear Waste Policy Act of 1982 for evaluating the suitability of Yucca Mountain, Nevada, as a site for development of a nuclear waste repository. TodayÕs final rule focuses on the criteria and methodology to be used for evaluating relevant geological and other related aspects of the Yucca Mountain site.

After an exhaustive review process that encompassed EPAÕs proposed rule, as presented in the Federal Register Notice, as well as the reference materials cited in that Notice, Nevada concludes that EPAÕs proposed standard is inconsistent with the recommendations of the National Academy of Sciences (as required by the Energy Policy Act of 1992) and the July 9, 2004 ruling of the U.S. Circuit Court of Appeals for the District of Columbia.

The U.S. Department of Energy (DOE) has amended the policies under the Nuclear Waste Policy Act of 1982 for evaluating the suitability of Yucca Mountain, Nevada, as a site for development of a nuclear waste repository. The final rule at Title 10, Part 963 of the Code of Federal Regulations (10 CFR Part 963) focuses on the criteria and methodology to be used for evaluating relevant geological and other related aspects of the Yucca Mountain site.

Congress designated Yucca Mountain, NV, as the nation’s sole candidate site for a permanent high-level nuclear waste repository in 1987, following years of controversy over the site-selection process. Over the strenuous objections of the State of Nevada, the Department of Energy (DOE) submitted a license application for the proposed Yucca Mountain repository in June 2008 to the Nuclear Regulatory Commission (NRC).

On January 13, 1993, Governor of the State of Utah, Mike Leavitt officially announced that he was opposing a MRS Facility in the State of Utah and informed San Juan County of his decision which will preclude the County from applying for a Phase IIa feasibility grant. A copy of the policy statement made by Governor Leavitt is attached for your information.

The Clinch River MRS Task Force was appointed in July 1985 by the Roane County Executive and the Oak Ridge City Council to evaluate the Monitored Retrievable Storage (MRS) facility proposed by the Department of Energy to be constructed in the Roane County portion of Oak Ridge. After several months of study, numerous public meetings, site visits to relevant facilities, and careful evaluation of the integrated MRS concept, it is the considered opinion of the Task Force that the facility could be safely build and operated in Roane County/Oak Ridge.

The Crystalline Repository Project (CRP) of the Department of Energy&#39;s Civilian Radioactive Waste Management Program is responsible for identifying sites which could be considered by the Department for construction and operation of the second deep geologic repository for permanent disposal of high-level radioactive waste. The CRP is currently evaluating exposed and near surface crystalline rock bodies in three geographic regions in an effort to identify potentially suitable rock bodies for continued evaluations and eventual field investigations.

This report analyzes public participation as a key component of this openness, one that provides a means of garnering acceptance of, or reducing public opposition to, DOE&#39;s radioactive waste management activities, including facility siting and transportation.