APPENDIX E
Laws Governing Radioactive Waste of the United States and Russia

THE UNITED STATES OF AMERICA

Laws1,2

Nuclear materials, power, and wastes

Atomic Energy Act (As Amended) Atomic Energy Act of 1954, P.L. 83–703; U.S.C. 2011–2282

Energy Reorganization Act of 1974, P.L. 93–438

Low-Level Radioactive Waste Policy Act as amended in 1985 (42 USC 2021b et. seq.)

Nuclear Waste Policy Act of 1982, Public Law 97–425

Nuclear Waste Policy Amendments Act of 1987, Title Iv, Subtitle A of Public Law 100–203, The Omnibus Budget Reconciliation Act of 1987

Waste Isolation Pilot Plant Land Withdrawal Act as amended in 1996 (PL 102–579)

The 1996 WIPP LWA Amendments (PL104–201)

Energy Policy Act of 1992, Public Law 102–486; 33 U.S.C. 1251– 1387

Hazardous Materials Transportation Uniform Safety Act of 1990, As Amended, Public Law 101–615

1  

See, e.g., U.S. Nuclear Regulatory Commission. 2002. Nuclear Regulatory Legislation, 107th Congress; 1st Session. Office of the General Counsel, NUREG-0980 Vol. 1, No.6. and Congressional Research Service. 2002. Summaries of Environmental Laws Administered by the EPA. Report RL30022.

2  

P.L. means Public Law, and U.S.C. means U.S. Code.



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APPENDIX E Laws Governing Radioactive Waste of the United States and Russia THE UNITED STATES OF AMERICA Laws1, 2 Nuclear materials, power, and wastes Atomic Energy Act (As Amended) Atomic Energy Act of 1954, P.L. 83–703; U.S.C. 2011–2282 Energy Reorganization Act of 1974, P.L. 93–438 Low-Level Radioactive Waste Policy Act as amended in 1985 (42 USC 2021b et. seq.) Nuclear Waste Policy Act of 1982, Public Law 97–425 Nuclear Waste Policy Amendments Act of 1987, Title Iv, Subtitle A of Public Law 100–203, The Omnibus Budget Reconciliation Act of 1987 Waste Isolation Pilot Plant Land Withdrawal Act as amended in 1996 (PL 102–579) The 1996 WIPP LWA Amendments (PL104–201) Energy Policy Act of 1992, Public Law 102–486; 33 U.S.C. 1251– 1387 Hazardous Materials Transportation Uniform Safety Act of 1990, As Amended, Public Law 101–615 1   See, e.g., U.S. Nuclear Regulatory Commission. 2002. Nuclear Regulatory Legislation, 107th Congress; 1st Session. Office of the General Counsel, NUREG-0980 Vol. 1, No.6. and Congressional Research Service. 2002. Summaries of Environmental Laws Administered by the EPA. Report RL30022. 2   P.L. means Public Law, and U.S.C. means U.S. Code.

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Uniting And Strengthening America By Providing Appropriate Tools Required To Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001, Public Law 107–56 National Defense Authorization Act For Fiscal Year 2002 Public Law 107–107 Section 3154. Annual Assessment And Report On Vulnerability of Department of Energy Facilities To Terrorist Attack National Defense Authorization Act For Fiscal Year 2000, Public Law 106–65 Sec. 3134. Procedures For Meeting Tritium Production Strom Thurmond National Defense Authorization Act For Fiscal Year 1999, Public Law 105–261 Sec. 3134. Licensing Of Certain Mixed Oxide Fuel Fabrication And Irradiation Facilities And Sec. 3155. Disposition Of Surplus Defense Plutonium At Savannah River Site, Aiken, South Carolina Environmental Protection Public Health Service Act as amended in ‘57, ’58, ’60, ‘76 (42 USC 201 et seq.) Federal Water Pollution Control Act (P.L. 92–500, enacted in 1972), commonly known as the Clean Water Act (amended by P.L. 95–217 in 1977, P.L. 97–117 in 1981, and P.L. 100–4 in 1987) Safe Drinking Water Act of 1974 P.L. 93–523 (42 U.S.C. 300f–300j; amended by P.L. 95–190, P.L. 96–63, P.L. 96–502, P.L. 99.339, P.L. 100–572, P.L. 104–182 Clean Air Act (42 USC 7401–7661; P.L. 88–206, as amended) Clean Air Amendments of 1977 (P.L. 95–95; 91 Stat. 685). Clean Air Amendments of 1990 (P.L. 101–549) National Environmental Policy Act (42 U.S.C. 4321–4347; P.L. 91– 190 as amended by P.L. 94–52, P.L. 94–8) Marine Protection, Research, and Sanctuaries Act of 1972 referred to as the Ocean Dumping Act and Amendments (33 U.S.C. 1401–1445, 16 U.S.C. 1431–1447f, 33 U.S.C. 2801–2805; P.L. 92–532, P.L. 93–254; P.L. 95–153; P.L. 96–381; P.L. 96–572, P.L. 97–424, P.L. 99–272, §§6061–6065, P.L. 99–662, §§211, 728, 1172, P.L. 100–4, §508, P.L. 100–627, title I, P.L. 100–688, title I; P.L. 100–688, title III; P.L. 101–593, title III; P.L. 102–567, title V; P.L. 102–580, §§504–510

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Solid Waste Disposal/Resource Conservation and Recovery Act and Major Amendments(42 U.S.C. 6901–6991k) Resource Conservation and Recovery Act of 1976 P.L. 94–580 Solid Waste Disposal Act Amendments of 1980 P.L. 96–482 Hazardous and Solid Waste Amendments of 1984 P.L. 98–616 Federal Facility Compliance Act of 1992 P.L. 102–386 Comprehensive Environmental Restoration, Compensation, and Liability Act Superfund and Amendments(codified generally as 42 U.S.C. 9601– 9675) Comprehensive Environmental Response, Compensation, and Liability Act of 1980 P.L. 96–510 (commonly known as Superfund) Superfund Amendments and Reauthorization Act of 1986 P.L. 99– 499 Superfund extension P.L. 101–508, § 6301, 11231 Defense Authorization Act of Fiscal Year 1997 P.L. 104–201, §334 Regulations Concerning Radiation And Radioactive Waste3 General 10CFR20 Part 20 Standards For Protection Against Radiation 10CFR835 Part 835 Occupational Radiation Protection 29CFR1910 Part 1910 Occupational Safety And Health Standards 40CFR141 Part 141 National Primary Drinking Water Regulations Storage and Disposal 40CFR191 Environmental Radiation Protection Standards For Management And Disposal Of Spent Nuclear Fuel, High-level And Transuranic Radioactive Wastes 10CFR60 Disposal Of High-Level Radioactive Wastes In Geologic Repositories 10CFR61 Licensing Requirements For Land Disposal Of Radioactive Waste 40CFR197 Public Health And Environmental Radiation Protection Standards For Yucca Mountain, Nevada 10CFR63 Disposal Of High-Level Radioactive Wastes In A Geologic Repository At Yucca Mountain, Nevada 3   10CFR20 means Title 10 of the Code of Federal Regulations, Part 20. Note that these are only the federal regulations; many states, by agreement with federal agencies, have authority to pass their own regulations.

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10CFR72 Licensing Requirements For The Independent Storage Of Spent Nuclear Fuel, High-Level Radioactive Waste, And Reactor-Related Greater Than Class C Waste 10CFR960 General Guidelines For The Preliminary Screening Of Potential Sites For A Nuclear Waste Repository 10CFR961 Standard Contract For Disposal Of Spent Nuclear Fuel And/Or High-Level Radioactive Waste 10CFR963 Yucca Mountain Site Suitability Guidelines 40CFR194 Criteria For The Certification And Re-Certification Of The Waste Isolation Pilot Plant’s Compliance With The 40 Cfr Part 191 Disposal Regulations 44CFR351 Radiological Emergency Planning and Preparedness Regulation Transportation 10CFR71 Packaging And Transportation Of Radioactive Material 49CFR173 Shippers General Requirements For Shipments And Packagings 49CFR397 Transportation Of Hazardous Materials Executive Orders Establishing the Federal Radiation Council, EO 10831 Federal Emergency Management, EO 12148 Assignment of Emergency Preparedness Responsibilities, EO 12656 Presidential Decision Directives U.S. Policy on Counter-Terrorism, PDD 39 Protection Against Unconventional Threats to the Homeland and Americans Overseas, PDD 62 Critical Infrastructure Protection, PDD 63 Federal Plans Federal Radiological Emergency Response Plan

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Federal Response Plan National Oil & Hazardous Substances Pollution Contingency Plan, 40 CFR Part 300 THE RUSSIAN FEDERATION Laws The Law of the RSFSR on “Environmental Protection” # 2060–1 of 19.12.1991 (rev. 10.07.2001) The Federal Law “On the Use of Atomic Energy”, # 170-FZ of 21.11.1995 (rev. 10.07.2001) The Federal Law “On Radiation Safety of General Public”, # 3-FZ of 09.01.1996 The Federal Law “On Sanitary and Epidemiological Welfare of General Public”, # 52-FZ of 30.03.1999 The Federal Law “On Environmental Review”, # 174-FZ of 23.11.1995 The Federal Law “On Atmospheric Air Protection”, # 96-FZ of 04.05.1999 The Russian Federation Law “On Mineral Resources”, # 2395–1 of 21.02.1992 (rev. 14.05.2001) “Water Code of the Russian Federation” of 16.11.1995, # 167-FZ The Federal Law “On Special Environmental Programs for Rehabilitation of Areas Contaminated by Radiation”, # 68-FZ of 10.07.2001 The Federal Law “On Protection of General Public and Territories from Natural and Technogenic Emergencies”, # 68-FZ of 21.12.1994 The Federal Law “On Accedence of the Russian Federation to the International Convention on Liability and Indemnity Related to Marine Transportation of Hazardous and Noxious Substances of 1996”, # 17-FZ of 02.12.2000 The Federal Law “On Industrial Safety of Hazardous Process Facilities”, #116-FZ of 21.07.1997 The Federal Law “On Safety of Hydraulic Structures”, # 117-FZ of 21.07.1997 The Federal Law “On the Specifically Protected Environmental Territories”, # 33-FZ of 14.03.1995 The Federal Law “On Fire Safety”, # 69-FZ of 21.12.1994

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The Federal Law “On Governmental Control over International Automobile Transportation and Liability for Violations of the Relevant Procedures”, # 127-FZ of 24.07.1998 The Federal Law “On Governmental Regulation of External Trade Activities”, # 157-FZ of 13.10.1995 The Federal Law “On Production and Consumption Wastes”, # 89-FZ of 24.06.1998 The Federal Law “On Differentiation of the Governmental Land Ownership”, # 101-FZ of 17.07.2001 The Federal Law “On Payments for Use of Water Reservoirs”, # 71-FZ of 06.05.1998 Orders and Directives of the President of the Russian Federation “Additional Measures to Enforce Compliance with Environmental Safety Requirements Related to Reprocessing of Spent Nuclear Fuel”, # 389 of 20.04.95 “On Executive Bodies Authorized to Regulate Safety of Uses of Atomic Energy”, # 26 of 21.01.97 Orders by the Government of the Russian Federation “On Decision-Making Procedures Concerning Siting and Construction of Nuclear Facilities, Radiation Sources and Storage Facilities”, # 306 of 14.03.97 “On Approval of Procedures for Acceptance of Spent Nuclear Fuel from Foreign Nuclear Power Plants for its Further Reprocessing at the Russian Enterprises and Return of the Radioactive Waste and Materials Generated in the Course of its Reprocessing”, # 773 of 29.07.95 “Modifications and Additions Introduced to the Procedures for Acceptance of Spent Nuclear Fuel from Foreign Nuclear Power Plants for its Further Reprocessing at the Russian Enterprises and Return of the Radioactive Waste and Materials Generated in the Course of its Reprocessing”, # 745 of 10.07.98 “Rules for Physical Protection of Nuclear Materials, Nuclear Facilities and Storage Facilities for Nuclear Materials”, # 264 of 07.03.97

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“On Approval of the Provisions for Licensing Activities in the Field of Use of Atomic Energy”, # 865 of 14.07.97 “On Export and Import of Nuclear Materials, Equipment and Special Non-Nuclear Materials and Relevant Technologies”, # 973 of 15.12.2000 “On Approval of the List of Employee Positions at Atomic Energy Facilities who are subject to permits by the Federal Nuclear and Radiation Safety Authority for Conduct of Operations in the Field of Use of Atomic Energy”, # 240 of 03.03.97 “On Approval of the Provisions for Procedure and Terms and Conditions of Levying the Use of Natural Resources, Water Areas, and Areas of the Sea Bed”, # 828 of 28.10.92 Federal Standards and Rules in the Field of Use of Atomic Energy General Provisions for Nuclear Fuel Cycle Facility Safety (OPB OYaTTs). NP-016–2000. Gosatomnadzor of Russia, 2000 Accounting of Natural and Technogenic External Impacts to Nuclear and Radiation Hazardous Facilities. PNAE G-05–035–94. Gosatomnadzor of Russia, 1995 Safety Rules for Storage and Transportation of Nuclear Fuel at Nuclear Power Facilities. PNAE G-14–029–91, Gosatomnadzor of the USSR, 1991 Collection, Reprocessing, Storage and Conditioning of Liquid Radioactive Waste. Safety Requirements. NP-019–2000, Gosatomnadzor of Russia, 2000 Collection, Reprocessing, Storage and Conditioning of Solid Radioactive Waste. Safety Requirements. NP-020–2000, Gosatomnadzor of Russia, 2000 Management of Gaseous Radioactive Waste. Safety Requirements. Gosatomnadzor of Russia, 2000 Basic Safety and Physical Protection Rules for Transportation of Nuclear Materials. OPBZ-83. GKAE of the USSR, Ministry of Internal of the USSR, Ministry of Public Health of the USSR, 1983. Concurred upon with Gosatomenergonadzor of the USSR

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Federal Sanitation Rules Basic Sanitation Rules for Operations with Radioactive Substances and Other Sources of Ionizing Radiation. OSP-72/87. Ministry of Public Health of the USSR Basic Sanitation Rules for Radiation Safety Ensurance (BSR-SRE-99). SP2.6.1.799–99. Ministry of Public Health of Russia, 2000 Radiation Safety Standards (NRB-99). SP 2.6.1 758–99 Sanitation Rules for Management of Radioactive Waste. SPORO-85. Ministry of Public Health of the USSR, 1985 Guiding Documents of Gosatomnadzor of Russia “The Procedures for Review by Gosatomnadzor of Russia Headquarters of Application and Documents Submitted for (Getting License for Activities in the Field of Use of Atomic Energy”, RD-03–08–98 “The Provisions for Review of Documents Supporting Nuclear and Radiation Safety of a Nuclear Facility, Radiation Source, Storage Facility or Quality of a Declared Activity”, RD-03–13–99 “The Provisions for Qualification of Software to be Used for Justification or Ensurance of Safety at Atomic Energy Facilities”, RD-03–17–94 “Basic Provisions for Preparation, Review and Making Decisions on Modifications to Design, Technological and Operating Documentation which Influence Nuclear and Radiation Safety”, RD-03–019–94 “The Provisions for Development of Federal Standards and Rules in the Field of Use of Atomic Energy to be Approved by Gosatomnadzor of Russia”, RD-03–23–98 “Requirements to Content and Composition of a Verification Report on Software to be Used for Justification or Ensurance of Safety at Atomic Energy Facilities”, RD-03–34–2000 “Guide on Certification of Equipment, Products and Technologies for Nuclear Facilities, Radiation Sources and Storage Facilities”, RD-03–35–96 “Terms and Conditions of Supply of Foreign-Made Equipment, Products and Components for Nuclear Facilities, Ra-

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diation Sources and Storage Facilities of the Russian Federation”, RD-03–36–97 “Requirements to Composition of Package and Contents of Documents to Support Nuclear and Radiation Safety of Activities Subject to Licensing with Regard to Fuel Cycle Enterprises and Organization Rendering Services to Fuel Cycle Enterprises”, RD-05–15–97 “The Provisions for Granting Permits by Gosatomnadzor of Russia to Employee of Fuel Cycle Facilities to Conduct Operations in the Field of Use of Atomic Energy”, RD-05–17–2001 Regulatory Documents Approved by Other Federal Executive Authorities Sanitation Rules for Design of Enterprises and Facilities for Nuclear Industry. SNP-77. Minsredmash of the USSR, 1978 Basic Internal Industrial Nuclear Safety Rules for Use, Reprocessing, Storage and Transportation of Nuclear Hazardous Fissile Materials. PBYa-06–00–99. Minatom of Russia, 1996 Internal Industrial Rules for Design and Operation of Self-Sustained Chain Reaction Initiation Alarm Systems and Measures to Contain its Consequences. PBYa-06–10–99 Nuclear Safety Rules for Storage and Transportation of Nuclear Hazardous Fissile Materials. PBYa-06–09–90. Minatomenergoprom of the USSR, 1991 Safety Rules for Transportation of Radioactive Substances. PBTRV-73. Ministry of Public Health of the USSR, GKAE of the USSR, Ministry of Interior of the USSR, 1973 Radiation Safety Rules for Transportation by Rail of Spent Nuclear Fuel from Nuclear Power Plants. PRB-88. Ministry of Public Health, Minsredmash of the USSR, Ministry of Rail Transport of the USSR, 1988 Certification System for Equipment, Products and Technologies for Nuclear Facilities, Radiation Sources and Storage Facilities. Basic Provisions. Minatom of Russia, Gosstandart of Russia, Gosatomnadzor of Russia

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State Standards (SS) and Internal Industrial Standards (IIS) SS 22901–78. Packaging and Transportation Sets for Spent Fuel Assemblies of Nuclear Reactors. Types and Basic Parameters SS 26013–83. Packaging and Transportation Sets for Spent Fuel Assemblies of Nuclear Reactors. General Technical Requirements SS 25688–83. Spent Nuclear Fuel Transshipment Bays. General Requirements SS 15484–81. Ionizing Radiation and Relevant Measurements. Terms and Definitions SS 28461–82. Packaging and Transportation Sets for Spent Fuel Assemblies of Nuclear Reactors. Requirements to Nuclear Safety Calculation Methods SS 28506–90. Fuel Assemblies of VVER Nuclear Reactors. Fuel Element Integrity Inspection Methods IIS 95 745–95. Spent Fuel Assemblies of VVER Nuclear Power Reactors. General Requirements to Shipment to Recovery Plants IIS 95 957–93. General Requirements to Delivery of Spent Fuel Assemblies of Propulsion Nuclear Reactors IIS 95 10340–88. NPP Power Reactor SNFA Casing. General Requirements IIS 95 957–93. Spent Fuel Assemblies of Ship and Marine Vehicle Nuclear Reactors. General Delivery Requirements RD 95 10501–94. Packaging and Transportation Sets for SNF. Content and Scope of Calculation Substantiation of Radiation and Nuclear Safety