Update Yucca Mountain Radiation Standards

In October 2005 the Environmental Protection Agency (EPA) held several public hearingsi in order to collect public comments on its revised Yucca Mountain radiation standard. Both supporters and critics of the radiation standard turned out to voice their concerns at a series of five hearings held in Amargosa Valley (NV), Las Vegas, and Washington, D.C. A court ruling in 2004 overturned EPA’s original rule and sent the agency back to thedrawing board to develop a new radiation safety standard for the proposed repository — (see links below)

In August 2005, EPA unveiled its new rule, which includes a two-part standard. Under the new rule, the surrounding population cannot be exposed to more than 15 millirems of radiation for up to 10,000 years. After 10,000 years and up to the one million year mark, the exposure limit is raised to 350 millirems. EPA must collect and consider public comments before issuing its final versionof the rule.

About 75 people attended the October 4th hearing in Las Vegas, where representatives for Senator Harry Reid (DNev.) and Congressman Jim Gibbons (R-Nev.) delivered statements. According to Shannon Raborn, spokesman for Senator Reid, “EPA’s standard is wholly inadequate, does not meet the law’s requirements and does not protect the public health.” In a written statement, Representative Gibbons stated that “the EPA has an obligation to protect public safety today, tomorrow and in a million years. It should not speculate that a standard which is not deemed safe today could miraculously become a safe standard in the future.”

Several critics testified that EPA should strike down its current proposal and produce a standard that would extend the protections for the first 10,000 years to the one million year mark. Critics also advocated for a more stringent standard for groundwater.

Steven R. Kraft, a representative of the pro-Yucca Nuclear Energy Institute, testified at the hearing in Washington. According to Kraft, extending the radiation standard beyond 10,000 years is not a good idea. “Implementation of the disposal program should not be delayed while scientists, engineers, and regulators speculate about what might happen one million years from now,” he said. Eureka County submitted written comments stating that, “The (EPA) rule should be written to protect public health and safety rather than to accommodate the many flaws in the site, and the site’s inability to contain the radiation.” EPA has not indicated when the final rule will be issued.

   Background — Yucca Mountain Radiation Standards

Update — Existing " EPA Regulatory" Process
In the 1992 Energy Policy Act, the U.S. Congress directed EPA to develop standards for a Yucca Mountain facility, based on the scientific findings and recommendations of the National Academy of Sciences (NAS). EPA first issued these standards in 2001.

In July 2004, the U.S. Court of Appeals ruled that the compliance period of 10,000 years in the 2001 EPA standards was inconsistent with the recommendations of the NAS, which stated that the compliance period should cover the time of peak dose. According to NAS, peak dose might occur several hundred thousand years into the future.

What is EPA proposing?
EPA is keeping all the requirements its original 2001 standards. The revised standards now being proposed include additional requirements. The original standard addressed the first 10,000 years after the facility is closed. The amended standard (see links below) would address the first 1 million years after the facility is closed.

Comments -- EPA Proposed Rule 40 CFR Part 197 Public Health and Environmental Radiation Protection Standards for Yucca Mountain, NV

Nuclear Regulatory Commission (NRC)
Regulations RIN 3150-AH68

The NRC is proposing to amend its regulations governing the disposal of high-level radioactive wastes in a proposed geologic repository at Yucca Mountain, Nevada. The proposed rule would implement the U.S. Environmental Protection Agency's (EPA's) proposed standards for doses that could occur after 10,000 years but within the period of geologic stability.

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