Radioactive "Recycling" Update

DOT sneaks in codification of "BRC" or radioactive "release and recycling" levels, denying importance…

The US Department of Transportation published on February 1, 2001, its final rule on international radioactive transport, which exempts quantities and concentrations of hundreds of radionuclides from DOT regulatory control. The upshot is that DOT will no longer regulate international shipments into, out of or through the U.S. (if any leg of the journey is via waterway), if the shipper claims that the radioactive materials are less concentrated or in amounts less than those listed in the new rule. The exempt concentrations are the same as those that the International Atomic Energy Agency (IAEA) wants to use to "clear" or "release" radioactive wastes and materials into general commerce and recycling. Existing uniform international nuclear transport regulations that require labeling and regulation of radioactive materials are being changed around the world (with the US leading the way), to allow deregulated radioactive waste to move through commerce unimpeded and without public knowledge. The new regulations introduce the concept of exempt amounts of radioactivity per ‘consignment’ and increase exempt concentrations for most of the hundreds of radionuclides. In a few months the US DOT and US NRC plan to adopt the same or similar regulations for all domestic nuclear materials transportation and for international air transport. Internationally, the IAEA, through its affiliation with the United Nations and its transport organizations (International Maritime Organization and International Civil Aeronautics Organization), is working to get all UN member nations to adopt the standard (referred to as TS-R-1 or ST-1), which will open the doors between nations for international commerce in contaminated materials and consumer goods. If the exemption tables in the IAEA recommendations are adopted internationally, preventing the spread of contaminated household items and raw materials will be more difficult than it is now.

DOE still releasing contaminated materials but keeps moratorium on metals; begins EIS scoping

Although the Department of Energy (DOE) quietly continues to release and recycle some radioactive materials into general commerce, there has been a temporary halt, since 2000, on the release of potentially contaminated radioactive metal. An Environmental Impact Statement (EIS) is reportedly being developed by DOE’s Environmental Management Office to review some aspects of the DOE radioactive "release" and "recycling" policy. The scope of the EIS has not been announced yet. The DOE’s internal orders allow radioactive materials, including metals, to be released into regular garbage or recycled into commerce without public knowledge and/or meaningful record-keeping. Draft proposed changes to those orders would further codify the release of radioactive materials. DOE has a "Center for Excellence" in radioactive recycling based in and funded through the DOE at Oak Ridge, Tennessee, which has been facilitating the recycling into unrestricted commerce of "slightly contaminated" radioactive materials from throughout the DOE complex.

NRC hires National Academy of Sciences to provide "credibility" for radioactive materials release

The Nuclear Regulatory Commission (NRC) has hired the National Academy of Sciences to provide credibility and recommendations on streamlining the release of radioactive materials from regulatory control. The NRC currently allows radioactively contaminated materials to be released, reused, recycled, or otherwise treated as if they were not radioactive through provisions in licenses and case-by-case evaluations. States, like Tennessee, have given over a dozen permits to companies to "process" and release radioactive materials into regular commerce. So, as with DOE sites, commercial nuclear licensees can do either or both: 1) directly release some contaminated materials to commerce, recycling or unlicensed landfills; 2) send radioactive materials to processors to treat and then release into the marketplace. The NAS contract essentially has the NRC provide and summarize all documents and meet wice monthly to help NAS staff to put out the report. Since the public and environmental groups generally boycotted the NRC’s skewed process to set legal contamination levels, the National Academy of Sciences may need to hear directly from those parties over the next few months.

Contacts:

Secretary Mineta Secretary Abraham Bruce Alberts, President

US Dept of Transportation US Dept of Energy National Academy of Sciences

400 Seventh St. SW 1000 Independence Ave. 2101 Constitution Avenue, NW

Washington, DC 20590 Washington, DC 20585 Washington, DC 20418

The.Secretary@hq.doe.gov BAlberts@nas.edu