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Management of Commercially Generated Radioactive Waste - U.S. ...

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Issue<br />

(3)<br />

Response<br />

LICENSING AND THE DECISION-MAKING PROCESS<br />

One commenter stated that all nuclear waste repositories should be Federally licensed.<br />

DOE agrees with this statement as it applies to commercial high-level (HLW) and trans-<br />

uranic wastes (TRU). According to Federal law, all repositories for disposal <strong>of</strong> commercial<br />

waste and DOE repositories for high-level waste are subject to licensing by the Nuclear<br />

Regulatory Commission. Legislation has been proposed to Congress to extend the requirement<br />

to disposal <strong>of</strong> all transuranic wastes.<br />

Issue<br />

A commenter stated that states which have nuclear waste repositories should have state<br />

laws to govern health and safety at the repository, with the Federal government paying for<br />

state enforcement <strong>of</strong> those laws. (3)<br />

Response<br />

At this time, the most appropriate relationship between state and Federal governments<br />

concerning state jurisdiction and financial responsibilities over nuclear waste repository<br />

siting and monitoring is still being evaluated. Any state in which a repository might be<br />

located will most likely have specific authority for health and safety regulation which will<br />

be recognized by the Department <strong>of</strong> Energy.<br />

Issues<br />

Several commenters suggested that maximum release rates for radionuclides placed in<br />

repositories be established and adequate safety standards be defined, presumably by the<br />

Environmental Protection Agency and the Nuclear Regulatory Commission. (17, 28, 44, 95)<br />

Another commenter requested that this Statement outline EPA's role in waste management.<br />

(202-HEW)<br />

Response<br />

The Environmental Protection Agency is currently formulating standards concerning the<br />

management and disposal <strong>of</strong> radioactive wastes. The standards are expected to include speci-<br />

fications concerning release rates to the accessible environment. The Nuclear Regulatory<br />

Commission regulations with which DOE must comply will reflect the Environmental Protection<br />

Agency standards. A discussion <strong>of</strong> applicable existing standards is presented in final<br />

Section 3.3.

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