Nuclear Agencies and Regulations
The following is an overview of the process of regulating nuclear waste and the
different programs and agencies involved in dealing with this issue according to
United States Nuclear Regulatory Commission.
The United States Nuclear Regulatory Commission
The
US Nuclear Regulatory Commission (NRC) is a Federal agency
that is responsible for maintaining a safe environment. This agency licenses and
regulates the use of radioactive materials such as source material (uranium and
thorium), special nuclear material (enriched uranium and plutonium), and byproduct
material (material made radioactive in a reactor and residue from the milling of
uranium and thorium).
Through
Part 20 of the NRC Regulations - Title 10, Code of Federal Regulations the
agency follows specific requirements for radiation inspection, which includes dose
limits for workers, exposure limits, monitoring and labeling of radioactive materials,
posting informative signs, reporting theft or loss of radioactive material, and
penalties for not complying with these regulations.
Currently, about one quarter of the more than 20,000 active sources, byproduct, and
special nuclear materials licenses that are in place in the US are administered
by the NRC. The other licenses are administered by 35 Agreement States that express
interest in establishing regulatory authority, under the
Atomic Energy Act of 1954.
NRC Interaction with State Regulatory Programs
Through the
National Materials Program
the NRC is able to coordinate with the states to regulate radioactive materials.
The NRC has the ultimate leadership role in the end, providing technical support
and maintaining regulatory information databases. The regional offices of the NRC
have designated staff (Regional State Agreement Officers) who consult with
Agreement
States and the Regional State Liason with the non-Agreement States and all other
states involving matters of reactors or other Federal jurisdiction. The Office of
Federal and State Materials and Environmental Management Programs also provides
backup for the regions.
Conference of Radiation Control Program Directors (CRCPD) and the Organization of
Agreement States (OAS)
The
Conference of Radiation Control
Program Directors (CRCPD) is a professional organization made up of directors
and staffs of regulatory programs from both Agreement and non-Agreement States,
providing another setting for the States to interact with the NRC and coordinate
the regulation of those radioactive materials that are not governed by the Atomic
Energy Act.
The
Organization of Agreement States (OAS) is a professional organization consisting
of the directors and staffs of Agreement State programs. The OAS was originally
established to ease communication between the NRC and the Agreement States when
most states did not have agreements with the agency.
State Governments
The NRC sometimes enters into agreements with State governors under specific conditions
(allowed by the Atomic Energy Act) which enable individual states to regulate the use
of their own specific radioactive materials inside of their borders, including radioisotopes
(used in medicine and industry).
Agreement States are states that meet specific conditions and agree to regulate
materials using the same standards as the NRC. Usually they regulate the sources
of radiation which the NRC does not (generally are all naturally occurring radioactive
materials). Usually do not regulate nuclear power plants, large quantities of nuclear
material, or storage of high-level radioactive waste. There are currently 35 states
in agreements with the NRC.
Government Agencies
Acts
According to the United States Environmental Protection Agency, the following
acts have
been established to help regulated the creation and disposal of nuclear waste in
a safe manner for the environment and its people:
1944 - Public Health Service Act (PHSA)
The PHSA
is responsible for the monitoring of environmental radiation levels and providing
technical assistance to the states and other federal agencies in planning for and
responding to radiological emergencies through the EPA.
1954 - Atomic Energy Act
Under the
Atomic Energy Act, the EPA has authority to establish standards and guidance
in order to regulate radioactive materials from the production of nuclear energy
including the management and disposal of high-level, spent nuclear fuel and transuranic
radioactive waste.
1970 - Clean Air Act (CAA)
The Clean Air Act is the
federal law that regulates air emissions area, stationary, and mobile sources due
to specific hazardous pollutants.
1972 - Marine Protection, Research, and Sanctuaries Act (MPRSA)
The MPRSA
involved the waters of US territories and controls disposal. The EPA is authorized
to issue permits and create regulations through this act. The disposal of high level
waster is specifically prohibited due to this act.
1974 - Safe Drinking Water Act (SDWA)
The SDWA
amends the Public Health Service Act as well as directs the EPA to develop a number
of standards and processes including water in public systems meeting the standards,
mandatory water-testing, a list of ways to treat and schedules for treating contaminated
water.
1976 - Resource Conservation and Recovery Act (RCRA)
The RCRA
gives the EPA the authority to regulate hazardous wastes from the time they are
created until they are disposed of including waste minimization, generation, transportation,
treatment, storage, and disposal.
1977 - Clean Water Act (CWA)
Under the
CWA, rivers, lakes, wetlands, and other bodies of water in the United States are
protected through the EPA from pollution.
1978 - Uranium Mill Tailings Radiation Control Act (UMTRCA)
The
UMTRCA is responsible for directing the EPA to create standards for the
disposal and cleanup of contaminants at closed uranium and thorium mill tailing
sites.
1980 - Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
The
CERCLA provides extensive federal authority to respond directly to releases
or threatened releases of hazardous substances that could possibly endanger public
health or the environment. This act is responsible for assuring permanent cleanup
of contaminated sites listed on the National Priority List.
1980 - Low-Level Radioactive Waste Policy Act (LLRWPA)
The
LLRWPA requires each individual state to provide disposal facilities within
its borders for commercial low-level waste. States are encouraged to cooperate and
develop regional disposal facilities through this act.
1982 - Nuclear Waste Policy Act (NWPA)
The basis for the current national program that regulates the disposal of spent
nuclear fuel and high-level radioactive waste in deep geologic repositories like
Yucca Mountain is the
NWPA.
1987 - Nuclear Waste Policy Amendments Act (NWPAA)
Yucca
Mountain is designated as the only site under consideration for the deep
geologic disposal of spent nuclear fuel and high-level waste. The NWPAA directs
the Department of Energy to eventually phase out activities at other potential sites.
1988 - Indoor Radon Abatement Act (IRAA)
The long-term goal that indoor air be as free from radon as the ambient air outside
buildings was established by the
IRAA.
1993 - Energy Policy Act (EnPA)
The EnPA protects the Yucca Mountain area by directing the EPA to develop
standards inhibit the public from releases of radioactive materials. The National
Academy of Sciences conducted a study sponsored by the EPA through the EnPA that gave
recommendations on necessary standards for protection of the public.
Waste Isolation Pilot Plant Land Withdrawal Act (WIPP LWA) - 1996
The
WIPP LWA is responsible for preserving land for the development and building
of transuranic radioactive waste repository. It also requires the EPA to set disposal
standards, establish compliance criteria and a process to certify that the WIPP
facility capable of meeting the standards. The WIPP LWA must be reevaluated by the
EPA every five years during its 35-year operation to make sure that standards are
still being met.