This report examines the current policy, legal, and regulatory framework pertaining to used nuclear fuel and high level waste management in the United States. The goal is to identify potential changes that if made could add flexibility and possibly improve the chances of successfully implementing technical aspects of a nuclear waste policy. Experience suggests that the regulatory framework should be established prior to initiating future repository development.

Presented on September 2010 to the Blue Ribbon Commission on America's Nuclear Future (Disposal Subcommittee)

What are the essential elements of technically credible, workable, and publicly acceptable regulations for disposal (in geologic repositories)?

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.

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.