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Yucca Mountain Radiation Protection Standard

S. 1287 requires the Environmental Protection Agency and the Nuclear Regulatory Commission-in consultation with the National Academy of Sciences-to attempt to resolve their differences over the radiation limits at Yucca Mountain to protect public health and safety. If all efforts to cooperatively establish a repository standard are unsuccessful, each agency must submit its views on the standard to Congress, and EPA may publish its final rule, subject to the usual review procedures for rulemaking by Congress.

Reasons to support the provisions for a radiation protection standard in S. 1287:

  • EPA's full jurisdiction and authority for establishing the standard is retained. The agency has the absolute right to issue a radiation protection standard as required under Section 801 of the Energy Policy Act of 1992.

  • Before EPA produces a final rule, S. 1287 requires the most knowledgeable agencies on this issue to attempt to reach consensus on a standard.

  • EPA, NRC and NAS are the scientific authorities on radiation, and are the appropriate agencies to resolve any scientific differences that may exist.

  • If the three agencies cannot agree on a standard, S. 1287 requires each organization to submit their views to Congress for the public record.

  • Then, under current law, Congress can review EPA's proposed standard to determine whether the public record supports it.
 


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