With Congress Limiting What Can Be Dumped at Nuke Sites, the Energy Department May Just Redefine What It’s Dumping

The U.S. Department of Energy wants to redefine what constitutes high-level radioactive waste, cutting corners on the disposal of some of the most dangerous and long-lasting waste byproduct on earth—reprocessed spent fuel from the nuclear defense program.

The agency announced in October 2018 plans for its reinterpretation of high-level radioactive waste (HLW), as defined in the Nuclear Waste Policy Act (NWPA) of 1982, with plans to classify waste by its hazard level and not its origin.  By using the idea of a reinterpretation of a definition, the DOE may be able to circumvent Congressional oversight. And in its regulatory filing, the DOE, citing the NWPA and Atomic Energy Act of 1954, said it has the authority to “interpret” what materials are classified as high-level waste based on their radiological characteristics. That is not quite true, as Congress specifically defined high-level radioactive waste in the Nuclear Waste Policy Act, and any reinterpretation of that definition should […]

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