Low-level radioactive waste policy of the United States
LLW contains materials such as irradiated tools, lab clothing, ion exchanger resins, animal carcasses, and trash from defense, commercial nuclear power, medical, and research activities.
[1] These materials usually have radioactivity that have short half lives—from ranges of multiple days to several hundred years.
[2] Classes B and C contain greater concentrations of radionuclides with longer half-lives, fading to background levels in less than 500 years.
In 1979 there were only three commercial disposal facilities remaining in operation, with only one of them, the site in South Carolina, located east of the Rocky Mountains.
Due to the concentration of nuclear technology and waste products in the East, South Carolina was receiving 80-90 percent of monthly volume of LLW generated commercially in the United States.
The governors proposed that Congress establish a national policy governing the disposal of LLW based on two principles: (1) that each state was to be responsible for ensuring burial capacity for the LLW generated within its borders, and (2) that the several states would be encouraged to carry out this responsibility on a regional basis using interstate compacts.
In giving their endorsement, these groups expanded the initial proposal to incorporate three principles: (1) state responsibility for providing LLW disposal capacity; (2) encouragement of interstate compacts for the exercise of this responsibility; and (3) the right of regional compacts to prohibit disposal at their regional facilities of LLW generated in non-compact states.
[1] In response to the complex disposal issue, Congress passed the Low Level Radioactive Waste Policy Act of 1980 (P.L.
Negotiations among states to form compacts and start developing disposal sites took longer than expected, making it impossible to meet the 1986 deadline.
Nevada, Washington, and South Carolina threatened to close their sites unless Congress acted to give them greater control.
[5] To relieve this problem and at the same time to accelerate action, Congress passed the Low Level Radioactive Waste Policy Amendments Act of 1985 (P.L.
The Low Level Radioactive Waste Policy Amendments Act (LLRWPAA) extended the operation of the three existing disposal sites to December 31, 1992.
[7] Milestones included deadlines on ratifying compacts, selecting host states, developing plans, submitting license applications, and providing disposal.
The state of New York and two counties (Allegany and Cortland) filed a lawsuit against the LLW Policy Act in result of its inconsistency with the Tenth Amendment and the guarantee clause.
The petitioners engaged three sets of incentives made to persuade states in following the LLW Policy Act Amendments.
[1] After many reviews of the provisions, the third “take title” incentive was found to present states with two unconstitutional alternatives: accepting the “responsibility and ownership of the waste, or regulate according to Congress' instruction”.
After the Low Level Radioactive Waste Policy Act of 1980 was passed, a number of interstate compacts were formed to collectively dispose of LLRW.
When this part was initially developed, there were not facilities generating a large amount of depleted uranium waste streams.
Part 62 involves the criteria and procedures for emergency access to non-federal and regional low-level waste disposal facilities.
In September 2014, Michigan drafted a bill that would regulate the amount of low-level radioactive material from often more fracking-intensive states.
[13] These inspectors make sure that each incoming shipment is properly document and analyzed for their radioactive material content.
3113) provides a legislative basis under which the NRC gives up portions of its regulatory authority to license and regulate certain quantities on LLRW to the States.
[16] The USDOT has regulations for: container safety, labeling, routing, and emergency response for the transportation of radioactive waste, including LLW.
[16] Any material with a very low radiation level may be transported in a “strong, tight container such as a plywood box secured with steel bands”.
[16] The testing of these containers is completed by the NRC and simulate normal, rough, and severe accident conditions.
Some of the testing procedures that are completed are a water spray to simulate a severe rainstorm and also dropping the container from different heights.
Those responsible of the actual transport of the material must also train employees on how to respond if a spill or accident were to occur.
[3] Requirements for LLW disposal sites have been established by the NRC and use a series of natural and engineered barriers to prevent any radioactive waste from escaping into the environment.
