The principal factors that affected the scope of scientific investigations at Yucca Mountain over the last 20 years included both regulatory and technical aspects. Examples of regulatory factors include the regulations themselves as well as the associated quality assurance requirements. Examples of technical factors include the repository and waste package designs, new information that affected the post-closure safety basis, and technical reviews from peers, stakeholders and the regulators.

Current U.S. nuclear waste law and policy is bankrupt. The 1982 Nuclear Waste Policy Act (NWPA) set a 1998 deadline for opening a deep geologic repository to receive spent nuclear fuel (SNF) and high-level waste (HLW) from reprocessing. In 1987, Congress amended the Act to designate Yucca Mountain in Nevada as the only potential site, and severely restricted the development of any federal facility for consolidated storage of nuclear waste. Nevada’s unrelenting opposition to the Yucca repository eventually succeeded with the election of Barack Obama as President.

With the first 100 days of the Obama Administration behind us, the Institute for 21st Century Energy presents this nuclear waste policy document that recounts the history of the country’s nuclear waste policy, discusses the mechanics of the issue, and offers specific recommendations to the Obama Administration and the U.S. Congress.

In 2001, as directed by the Energy Policy Act of 1992, the U.S. Environmental Protection Agency (EPA) issued public health and environmental radiation protection standards for the proposed repository at Yucca Mountain, Nevada. Several parties sued the Agency on a myriad of aspects of the rule. The Court ruled in EPA’s favor in all aspects of the case but one, and returned the standards to the Agency in 2004. In 2005, EPA proposed amendments to the standards. Following public hearings and a public review period, the final amendments were issued in September 2008.