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.

Comments by John Greeves, Former Director, Division of Waste Management, NRC, presented to BRC Disposal Subcommittee

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.

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.

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).

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.

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).