Year
2006
Abstract
Two years ago a U.S. Federal Court of Appeals (the Court) ruled that EPA had not followed the recommendation of the National Academy of Science (NAS) with regard to the 10,000 year period of regulatory compliance. [4] In response to that ruling EPA went back to the drawing board in 2005 and issued a draft rule that it believed complied with the Court’s ruling and the intent of the NAS recommendation. The result is a recommendation to cause there to be compliance out to 1- million years. This paper discusses the author’s belief that thinking in terms of 1-million years is absurd, not based upon scientific information, and just results in yet another delay for an environmental program sorely needed by this country, especially in light of the nuclear power renaissance emerging at this time around the world. So, the Yucca Mountain Project is at yet another critical juncture. It is facing a decision to either clear the political issues and move ahead; continue to be stalled costing the nation billions of wasted dollars; or be cancelled. If the Project is cancelled, the Nuclear Waste Policy Act (the Act) calls for the U.S. Department of Energy (DOE) to reassess the ultimate disposition of nuclear waste, and recommend an alternative approach to Congress. If instead, it is decided that Yucca Mountain is the correct approach, then policy makers need to take definitive action to clear political and legal issues currently stalling the Project. Only Congress can clear these obstacles so the project can move forward in a safe and efficient manner.