The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations governing the disposal of high-level radioactive wastes in a proposed geologic repository at Yucca Mountain, Nevada. The final rule implements the U.S. Environmental Protection Agency’s (EPA’s) revised standards for doses that could occur after 10,000 years, but within the period of geologic stability.
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 September 30, 2008, the Environmental Protection Agency (EPA) issued the long-awaited revision to its 2001 Public Health and Safety Standard for the proposed Yucca Mountain deep geologic repository for high-level radioactive waste and spent nuclear fuel. While the issuance of the standard allows the Nuclear<br/>Regulatory Commission (NRC) to issue its final conforming standards and move forward toward a final license decision for the facility, EPA’s standard raises several unprecedented regulatory issues and is likely to be further challenged in court.
The Environmental Protection Agency (EPA) has promulgated amendments to its public health and safety standards for radioactive material stored or disposed of in the potential repository at Yucca Mountain, Nevada (40 CFR Part 197). Section 801 of the Energy Policy Act of 1992 [(EnPA, Public Law 102-486, 42 U.S.C. § 10141 n. (1994)] directed EPA to develop these standards.
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.
We, the Environmental Protection Agency (EPA), are proposing to revise certain of our public health and safety standards for radioactive material stored or disposed of in the potential repository at Yucca Mountain, Nevada. Section 801(a) of the Energy Policy Act of 1992 (EnPA, Pub. L. 102Ð 486) directed us to develop these standards. These standards (the 2001 standards) were originally promulgated on June 13, 2001 (66 FR 32074).
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> "based upon and consistent with " 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.
Isolation in a geologic setting has been the generally favored solution to the high-level radioactive waste (HLW) problem since a scientific basis for nuclear waste management began to be formulated over half a century ago. Although general features of suitable settings have been enumerated, quantitative measures of the safety of geologic isolation of HLW are challenging to devise and to implement.
Nuclear waste disposal in the USA is a difficult policy issue infused with science, technology, and politics. This issue provides an example of the co-production of scientific knowledge and politics through public policy. The proponents of a repository site at Yucca Mountain, Nevada, argue that their decision to go ahead with the site is based on ‘sound science’, but the science they use to uphold their decision is influenced by politics. In turn, the politics of site selection has been altered by the scientific knowledge produced.
