Nuclear Waste Policy Act of 1982
The Nuclear Waste Policy Act of 1982 (NWPA) is a pivotal piece of legislation in the United States that established a framework for managing high-level radioactive waste and spent nuclear fuel. Enacted to ensure the safe disposal of nuclear waste generated from energy production, the NWPA mandates the creation of government-run repositories funded by the nuclear industry responsible for the waste. This act recognized the significant hazards posed by byproducts of nuclear fission, particularly long-lived isotopes like plutonium, which can remain radioactive for thousands of years.
A key feature of the NWPA is its provision for a dedicated Nuclear Waste Technical Review Board, tasked with evaluating the scientific and technical aspects of waste management efforts. It also required the Department of Energy (DOE) to explore deep geological formations suitable for waste storage, leading to consultations with affected states and Indigenous tribes. The act's search for a repository culminated in the selection of Yucca Mountain, Nevada, which has been the focus of extensive studies to determine its viability for long-term waste containment.
The NWPA marked the beginning of a concerted federal effort to address the challenges associated with nuclear waste, setting the stage for future developments in waste management and regulatory practices. While its implementation has faced various challenges and delays, the act remains a critical component of the U.S. strategy for ensuring public safety and environmental protection in relation to nuclear waste disposal.
Nuclear Waste Policy Act of 1982
Identification America’s first law governing nuclear waste policy
Date Signed on January 7, 1983
Landmark federal legislation was developed to search for a safe location to store high-level nuclear waste generated in the United States.
The Nuclear Waste Policy Act of 1982 (NWPA) was signed into law in January, 1983. It is occasionally referred to as the Nuclear Waste Policy Act of 1983, but 1982 is its official statutory year. Based on the idea that the United States is responsible for safely disposing of the nuclear waste that it creates, the NWPA was designed “to provide for the development of repositories for the disposal of high-level radioactive waste and spent nuclear fuel, to establish a program of research, development, and demonstrations regarding the disposal of high-level radioactive waste and spent nuclear fuel, and for other purposes.”
The Need for a National Policy
High-level radioactive waste is uranium fuel that has been used in a nuclear power plant and is no longer an efficient source of energy. A nuclear power plant typically uses uranium 235, which is not particularly radioactive prior to its use. To create the energy, an atom of uranium is split, creating a nuclear reaction called fission. After the split, two or three neutrons are released, along with some heat. These “free” neutrons bounce around and hit other atoms, causing these atoms to split and setting off a chain reaction. As the process continues, it produces a great deal of heat that is used to generate electricity.
During fission, the uranium atoms become lighter elements as they lose neutrons. These new elements are radioactive isotopes called fission products. These isotopes are the source of almost all of the heat and radiation in high-level waste. Some of the remaining uranium atoms actually gain neutrons, which creates plutonium. Although plutonium is not as hot or radioactive as the lighter elements, it has a much longer decay rate, which makes it dangerous for a longer period of time. The radioactivity of these various elements will eventually decay, and while some of the lighter isotopes decay within hours, others can last for thousands of years. In fact, plutonium 239 has a half-life of twenty-four thousand years, which means that half of the radiation will have decayed in that time. Nuclear power plants sought ways to safely store the massive amounts of the long-lived material.
Key Provisions
Arguably, the most important provision of the NWPA called for a government-run storage facility that would be paid for by the businesses that created the high-level nuclear waste. In short, the government would construct a place to dispose of the waste as long as those who created the waste paid for the construction, upkeep, and daily operating costs of the facility. This was the primary goal of the NWPA. The law also created the Nuclear Waste Technical Review Board, designed to “evaluate the technical and scientific validity of activities” undertaken by the secretary of energy. Congress included this board to perform oversight obligations because it felt that a board of experts would be well suited to carry out this task.
The Search for a Suitable Location
The NWPA required that the Department of Energy (DOE) research the use of deep geological disposal. DOE scientists considered a number of different environments, including salt, volcanic rock, and crystalline rock, that might be appropriate for storing the nuclear waste. In addition to the task of searching for adequate geological conditions, the DOE was required to consult with the states and Indian tribes that would be impacted by the construction of a disposal location. These consultations were to be overseen by the newly created position of the nuclear waste negotiator.
By the end of 1983, the DOE had identified nine sites that contained adequate geological foundations for a storage location. In 1986, the department determined that five of these sites were suitable for detailed study and recommended three of these to President Ronald Reagan for his consideration. In 1987, Congress amended the NWPA and determined, after recommendations from the DOE, to focus on Yucca Mountain, located in south-central Nevada, as the nuclear waste repository.
Impact
The NWPA was the government’s first serious attempt to address the growing nuclear waste deposits across the country and the need for safe disposal. Although its impact was anything but immediate, it set in motion a series of events that many believed would lead to the safest and most secure hazardous waste storage facility that scientists could envision.
Subsequent Events
After years of study, the DOE concluded that the volcanic tuff located under Yucca Mountain ought to be sufficient to contain the nation’s high-level nuclear waste. In 2002, President George W. Bush signed into law legislative approval for the DOE to develop a repository under Yucca Mountain. The DOE anticipated obtaining a license from the U.S. Nuclear Regulatory Commission by the summer of 2008 to begin storage.
Bibliography
Gerrard, Michael B. Whose Backyard, Whose Risk: Fear and Fairness in Toxic and Nuclear Waste Siting. Cambridge, Mass.: MIT Press, 1994. Outlines the complex legalities that encompass the disposal of toxic and nuclear waste in the United States through a balanced political, economic, psychological, and scientific approach.
Herzik, Eric B., and Alvin H. Mushkatel, eds. Problems and Prospects for Nuclear Waste Disposal Policy. Westport, Conn.: Greenwood Press, 1993. Provides a good analysis of the NWPA and its likelihood of success as well as alternative methods for storing nuclear waste.
Sundqvist, Göran. The Bedrock of Opinion: Science, Technology, and Society in the Siting of High-Level Nuclear Waste. Dordrecht, Netherlands: Kluwer Academic, 2002. Examines how Sweden, a country long considered a forerunner in high-level nuclear waste disposal and management, finally decided to dispose of its nuclear waste.
U.S. Department of Energy. Science, Society, and America’s Nuclear Waste. Washington, D.C.: Author, 1990. Designed by the DOE to educate students in grades 8-12 about the NWPA.