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Appendix E Existing Legal Structure for Closure of the Weapons Complex Sites
Pages 133-140

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From page 133...
... In eastern states, DOE land was purchased primarily and the nature and extent of the acquired property rights may not often be immediately clear. Similarly, state land laws can be critical to long-term closure decisions.
From page 134...
... Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCAJ The UMTRCA was established to regulate uranium mill tailings and the contamination associated with the mill sites. Although uranium and thorium are naturally occurring radioactive materials, they are covered by federal regulation since they are source material, a source of fuel for the nuclear fission process.
From page 135...
... Low-Level Radioactive Waste Policy Act of 1980 (LLRWPAJ The LLRWPA set the initial framework for state responsibilities in the management and disposal of commercial low-level radioactive waste. Low-level radioactive wastes generated or stored at DOE sites remain the responsibility of DOE.
From page 136...
... As a practical matter DOE is able to determine what it wants to do concerning site closure processes within the framework of the statutes and its own waste management standards. However, the DOE waste classifications and oversight role of several organizations could constrain DOE consideration of waste management alternatives that can impact stewardship decisions.
From page 137...
... The DOE recently released Order 435.1, Radioactive Waste Management, and an accompanying guidance document, Radioactive Waste Management Manual. The Manual clearly defines the closure procedures and requirements applicable to DOE management of radioactive wastes.
From page 138...
... The Public's Role in Closure Members of the public use the existing legal structure to influence DOE cleanup and closure efforts. Environmental laws and guidance documents strongly encourage public involvement in determining future land uses, cleanup levels, and remedies.
From page 139...
... The decision about the impracticability of active response measures requires considering remedy selection factors such as the overall protection of human health and the environment; compliance with applicable or relevant and appropriate requirement (ARAR) ; long-term effectiveness and permanence; reduction of toxicity, mobility, or volume through treatment; short-term effectiveness; implementability; cost; and state and community acceptance (40 CFR 300.430[a]
From page 140...
... 1999. Comments on Proposed Radiation Protection Standards for Yucca Mountain, Nevada, by the Board on Radioactive Waste Management.


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