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OCR for page 135
APPENDIX B
CONGRESSIONAL MANDATE FOR THIS
REPORT
Letter of J. Bennett Johnston to Robert W. Fri. May 20' ~ 993
Energy Policy Act of ~ 992 (P.~. 102-486)
Section 801
Excerpts from the Conference Report (Cong. Rec. H-12056)
135
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136
DALE 9'JMPERS Arkansas
YvENDELL H FORD. KeniuCkY
BILL BRADLEY New J.r..Y
JEFF BINGAMAN. New Leo
DANIEL K. AKAKA, Hawaii
RICHARD C. SHELeY Alabama
PAUL WEllSTONE. blinr~ceota
BEN NIGHTHORSE CAhlPIIELL Colorado
BARON ?~AT14EWS, Tennessee
BOB KRUEGER Tex"
J BENNETT JOHNST0~4, Lou,s,ar~a C^`,rman
MALCOLM WALLOP Wyoming
MARK O. ~AtFIELD, Oregon
PETE V DOMENICI, New 84an~eo
FRANK H. MUflKOWSKI, Accede
DON SICKLES, Oklahoma
LARRY E. CRAIG. Idaho
ROBERT F BENNEtT Utah
ARLEN SffCtER. Pennov~anb
tRENT LOtt Mh~ipp.
BENJAMIN S. COOPED STAFF DIRECTOR
D. 84ICI/^EL HARVEY CHIEF COUNSEL
G. ROBERT WALLACE, STAFf DIRECTOR FOR THE MINOIUTY
GARY G. ELLSWORTH. CHIEF COUNSEL FOPS THE 141NORJTY
Robert W. Fri
Chairman
Committee on Technical Bases
for Yucca Mountain Standards
National Research Council
2101 Constitution Avenue, N.~.
Washington, D.C. 20418
Dear Dr. Fri:
YUCCA MOUNTAIN STANDARDS
United State' Anne
COMMI11EE ON
ENERGY AND NATURAL RESOURCES
We, DC 2051~6150
May 20, 1993
Thank you for the invitation to participate in the initial
meeting of the National Academy of Sciences' Committee on the
Technical Bases for Yucca Mountain Standards to share my views
with the committee about its charge. I regret that I am unable
to attend, but I would like to offer the following comments to
the committee for its consideration.
~ am concerned that the past efforts to set standards to
protect the public health and safety at Yucca Mountain have
strayed beyond what can be Justified based on scientific
understanding and principles. The release limits for carbon-14
contained in the 1985 standards are the most obvious example of
this problem. It.is extremely important that the standards
developed for nuclear waste disposal be reasonable, Justifiable,
and understandable. These standards must be developed based up
on a scientific evaluation of the risk involved and must be
grounded in the best available scientific data.
Your report will be most helpful if in clearly delineates
the technical assumptions, principles, and data that underlie
alternative approaches to regulation in as straightforward
language as possible.
Your guidance on how to apply known
scientific principles and how to make judgments where there are
technical and scientific uncertainties will be extremely
important.
I believe that your committee has a vitally important role
to play in bringing the best scientists together to consider
these issues and in assuring that reasonable and rational advice
is provided to the Environmental Protection Agency. In
developing the nuclear waste provisions of the Energy Policy Act
of 1992 as we did, the Congress felt that the National Academy of
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APPENDIXB - CONGRESSIONAL MANDATE
Sciences was the most qualified to provide this advice and
guidance.
137
Thank you again for the invitation to participate in the
committee's meeting next week in Las Vegas.
.~ v
it.?
4. Bennett hnston
Chairman
2
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138
Text of the Energy Policy Act of ~ 992
YUCCA MOUNTAIN STANDARDS
TITLE VIII--HIGH-LEVEL RADIOACTIVE WASTE
SEC. 801. NUCLEAR WASTE DISPOSAL.
(a) Environmental Protection Agency Standards.-
(~) Promulgation.--Notwithstanding the provisions of section
121(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10141(a)), section 161 b. of the Atomic Energy Act of 1954
(42 U.S.C. 2201(b)), and any other authority of the
Administrator ofthe Environmental Protection Agency to set
generally applicable standards for the Yucca Mountain site,
the Administrator shall, based upon ant! consistent with the
finclings ant! recommendations of the National Academy of
Sciences, promulgate, by rule, public health and safety
standards for protection of the public from releases from
radioactive materials stored or disposed of in the repository
at the Yucca Mountain site. Such standards shall prescribe
the maximum annual effective close equivalent to individual
members of the public from releases to the accessible
environment from radioactive materials stored or disposed
of in the repository. The standarcis shall be promulgated not
later than ~ year after the Administrator receives the findings
and recommendations of the National Academy of Sciences
under paragraph (2) and shall be the only such standards
applicable to the Yucca Mountain site.
Study by National Academy of Sciences.--Within 90 days
after the ciate of the enactment of this Act, the Administrator
shall contract with the National Academy of Sciences to
conduct a study to provide, by not later than December 31,
1993, finclings and recommendations on reasonable
standards for protection of the public health ant} safety,
including-
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APPENDIXB - CONGRESSIONAL MANDATE
139
(A) whether a health-based standar~i baser] upon closes to
inclividual members of the public from releases to the
accessible environment (as that term is clefined in the
regulations container] in subpart B of part 191 of title 40,
Cocle of Federal Regulations, as in effect on November ~ 8,
1985) will provide a reasonable standard for protection of
the health and safety of the general public;
whether it is reasonable to assume that a system for
post-closure oversight of the repository can be developed,
baser} upon active institutional controls, that will prevent an
unreasonable risk of breaching the repository's engineered or
geologic barriers or increasing the exposure of individual
members of the public to radiation beyond allowable limits;
and
(C) whether it is possible to make scientifically supportable
predictions of the probability that the repository's engineered
or geologic barriers will be breaches] as a result of human
intrusion over a period of 10,000 years.
Applicability.--The provisions of this section shall apply to
the Yucca Mountain site, rather than any other authority of
the Administrator to set generally applicable stanciarcis for
radiation protection.
(b) Nuclear Regulatory Commission Requirements ant!
Criteria.-
( 1 ) Moclifications.--Not later than 1 year after the Administrator
promulgates standards under subsection (a), the Nuclear
Regulatory Commission shall, by rule, modify its technical
requirements and criteria under section 121(b) ofthe Nuclear
Waste Policy Act of 1982 (42 U.S.C. 1014 l (b)), as
necessary, to be consistent with the Aciministrator's
standards promulgated under subsection (a).
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140
YUCCA MOUNTAIN STANDARDS
Required assumptions.--The Commission's requirements and
criteria shall assume, to the extent consistent with the
findings and recommendations of the National Academy of
Sciences, that, following repository closure, the inclusion of
engineered! barriers ant! the Secretary's post-closure
oversight of the Yucca Mountain site, in accordance with
subsection (c), shall be sufficient to-
(A) prevent any activity at the site that poses an unreasonable
risk of breaching the repository's engineered or geologic
barriers; and
(B) prevent any increase in the exposure of individual members
of the public to radiation beyonci allowable limits.
Post-Closure Oversight.--Following repository closure, the
Secretary of Energy shall continue to oversee the Yucca
Mountain site to prevent any activity at the site that poses an
unreasonable risk of-
( 1 ) breaching the repository's engineered! or geologic barriers; or
(2) increasing the exposure of inclivitiual members of the public
to radiation beyond allowable limits.
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APPENDIX B - CONGRESSIONAL MANDATE
Text of Conference Report
[CRpageH-120561
TITLE VIII--HIGH-LEVEL RADIOACTIVE WASTE
141
Section 801 acidresses the Environmental Protection Agency's
(EPA) generally applicable standards for protection of members of the
public from release of radioactive materials into the accessible
environment as a result of the disposal of spent nuclear fuel or high-level
or transuranic radioactive waste. Administrator's authority to establish
these standards is embodies! in section Nib. of the Atomic Energy Act of
1954, Reorganization Plan No. 3 of 1970, and section 121(a) of the Nuclear
Waste Policy Act of 1982.
Section 801 builds upon this existing authority of the
Administrator to set generally applicable standards and directs the
Administrator to establish health-basec! standards for protection of the
public from release or radioactive materials that may be stored or disposed
of in a repository at the Yucca Mountain site. The provisions of section 801
make clear that the standards established by the authority in this section
would be the only such standards for protection of the public from releases
of radioactive materials as a result of the clisposal of spent nuclear fuel or
high-level radioactive waste in a repository at the Yucca Mountain site.
Any other generally applicable standarcis established pursuant to the
Administrator's authority uncler section 161b. of the Atomic Energy Act of
1954, Reorganization Plan No. 3 of 1970, and section 121(a) of the Nuclear
Waste Policy Act of 1982 would not apply to the Yucca Mountain site.
The provisions acloptec} by the Conferees in section 80 ~ require the
Administrator to promulgate health-based stanriards for protection of the
public from releases of radioactive materials from a repository at Yucca
Mountain, based upon and consistent with the findings and
recommendations of the National Academy of Sciences. These standards
shall prescribe the maximum annual dose equivalent to individual members
of the public from releases to the accessible environment from radioactive
materials stored or disposed of in the repository. The provisions of section
801 do not mandate specific stanciards but rather direct the Administrator
to set the standards based upon and consistent with the findings and
recommendations of the National Academy of Sciences.
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142
YUCCA MOUNTAIN STANDARDS
The Administrator is clirectec! to contract with the National
Academy of Sciences to conduct a study to provide finclings anti
recommendations on reasonable standards for protection of the public
health and safety by not later than December 3 1, 1993. In carrying out the
study, the National Academy of Sciences is asked to address three
questions: whether a health-basec] standard based upon doses to individual
members of the public from releases to the accessible environment will
provicle a reasonable standard for protection of the health and safety of the
general public; whether it is reasonable to assume that a system for
post-closure oversight of the repository can be developeci, based upon
active institutional controls, that will prevent an unreasonable risk to
breaching the repository barriers or increasing the exposure of individual
members of the public to radiation beyond allowable limits; and whether
it is possible to make scientifically supportable predictions of the
probability that the repository's engineered} or geologic barriers will be
breached as a result of human intrusion over a period of 10,000 years. In
looking at the question of human intrusion, the Conferees believe that it is
also appropriate to look at issues relater! to predications of the probability
of natural events.
In carrying out the study, the National Academy of Sciences would
not be precluded from addressing adclitional questions or issues related to
the appropriate standards for radiation protection at Yucca Mountain
beyond those that are specified. For example, the study could inclucle an
estimate of the collective dose of the general population that could result
from the adoption of a health-based standard baser! upon doses to
individual members of the public. The purpose of the listing of specific
issues is not to limit the issues considered by the National Academy of
Sciences but rather to attempt to focus the study on concerns that have been
raiser) by the scientific community.
Under the provisions of section 801, the Administrator is directed
to promulgate standards within one year of receipt of the findings and
recommendations of the National Academy of Sciences, based upon and
consistent with those recommendations. The Conferees do not intend for
the National Academy of Sciences, in making its recommendations, to
establish specific standarcls for protection of the public but rather to
provide expert scientific guidance on the issues involved in establishing
those standards. Under the provisions of section 801, the authority and
responsibility to establish the standards, pursuant to a rulemaking, would
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APPENDIX B - CONGRESSIONAL MANDATE
143
remain with the Administrator, as is the case under existing law. The
provisions of section 801 are not intended! to limit the Aciministrator's
discretion in the exercise of his authority related to public health anti safety
Issues.
The provisions to modify its technical requirements and criteria for
licensing of a repository to be consistent with the standards promulgated
by the Administrator within one year of the promulgation of those
standards. In modifying its technical requirements and criteria, the Nuclear
Regulatory Commission (NRC) is directed to assume, to the extent
consistent with the findings and recommendations of the National
Academy of Sciences, that civilization will continue to exist and that
post-closure oversight of the repository will continue, and to include in its
technical requirements and criteria, engineered barriers to prevent human
intrusion. As with the Administrator, the provisions of section 801 are not
intencled to limit the Commission's discretion in the exercise of its
authority relateci to public health and safety.
The provisions of section 801 address only the stanciards of
theEnvironmental Protection Agency, ant] comparable regulations of the
Nuclear Regulatory Commission, relater] to protection of the public from
releases of radioactive materials storer! or disposed of at the Yucca
Mountain site pursuant to authority under the Atomic Energy Act,
Reorganization Plan No. 3 of 1970, the Nuclear Waste Policy Act of 19X2,
and this Act. The provisions of section 801 are not intended to affect in any
way the application of any other existing laws to activities at the Yucca
Mountain site.
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Representative terms from entire chapter:
mountain site
