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1. In 1982, the Congress enacted the Nuclear Waste Policy Act (NWPA) and on January 7, 1983, the President signed it into law.

· This legislation defined the Federal Government’s responsibility to provide permanent disposal in a deep geologic repository for spent fuel and high-level radioactive waste from commercial and defence activities.

· Under amended provisions (1987) of this Act, the Department of Energy (DOE)has the responsibility to locate, build, and operate a repository for such wastes.

· The NRC has the responsibility toestablish regulations governing the construction, operation, and closure of the repository, consistent with environmental standards established by the U.S. Environmental Protection Agency.

2. 2. The 1987 amendments required DOE to evaluate only the suitability of the site at Yucca Mountain, Nevada, for a geologic disposalfacility.

· The amendments outlined a detailed approach for the disposal of high-level radioactive waste involving review by the President, Congress, State and Tribal governments, NRC and other Federal agencies.

3. In February 2002, after many years of studying the suitability of the site, DOE recommended to the President that theYucca Mountain site be developed as a long-term geologic repository for high-level waste.

4. In April 2002, the Governor of Nevada notified Congress of his State’s objection to the proposed repository. Subsequently, Congress voted to override the objection of the state.

5. DOE is preparing a license application to submit to the NRC for construction authorization for a repository at Yucca Mountain. Although DOE’s earlier plans were to submit the license application to the NRC in December 2004, it has been delayed. The Act specifies that the NRC will issue a decision on the license application within three years after receiving the DOE application. The NRC will issue a license only if DOE can demonstrate that it can construct and operate the repository safely and comply with NRC regulations.

6. The NRC is responsible for licensing and regulating the receipt and possession of high-level waste, including spent fuel as well as reprocessing waste, at privately-owned facilities and at certain facilities of the DOE. The DOE facilities which are or will be subject to NRC regulation are defined by law to include: (1) facilities used primarily for the receipt and storage of high-level waste resulting from activities licensed under the Atomic Energy Actand (2) facilities other than Research and Development facilities authorized for the express purpose of subsequent long-term storage of DOE-generated waste. Facilities for permanent disposal will require a license from NRC under these provisions.

7. Currently, facilities at reactor sites and at Morris, Illinois, and Idaho National Engineering and Environmental Laboratory are licensed by NRC for temporary storage of spent fuel. Private Fuel Storage (PFS) has submitted an application to the NRC for a license to store spent fuel on the reservation of the Skull Valley Band of Goshute Indians about 60 miles from Salt Lake City.

8. By law, the Commission is not authorized to license:

· Receipt or possession of high-level waste (HLW) used for or part of DOE activities in a DOE research and development facility;

· DOE facilities for the short-term storage of high-level waste from DOE activities (e.g., existing DOE HLW storage tanks);

· Operating DOE facilities for the storage or disposal of transuranic contaminated waste, foreign HLW not resulting from a licensed activity, and low-level wastes;

· Decommissioned DOE facilities, except those covered under Section 202 of the Energy Reorganization Act. (Section 202 authorizes NRC to license certain DOE facilities, including not only the HLW storage facilities noted above, but also certain demonstration reactors);

• · DOE HLW waste processing facilities, such as those for solidification, strontium and cesium extraction, and waste crystallization.
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• Responsibilities of Other Government Agencies
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• · The responsibilities of other government agencies in the management of HLW include the following.
• · The Department of Energy (DOE) plans and carries out programs for safe handling of DOE-generated radioactive wastes, develops waste disposal technologies, and will design, construct and operate disposal facilities for DOE-generated and commercial high-level wastes. DOE has completed solidifying the liquid wastes that are currently in storage at West Valley. The Nuclear Waste Policy Act of 1982 sets specific roles and schedules for the DOE to follow in developing HLW repositories. (The repositories will be licensed by the NRC.)
• · The Environmental Protection Agency (EPA) develops environmental standards and Federal radiation protection guidance for offsite radiation due to the disposal of spent nuclear fuel and high-level and transuranic radioactive wastes. The standards limit the amount of radioactivity entering the biosphere outside the boundaries of the facility and also limit the radiation exposure to the public from management of spent fuel and waste prior to disposal. The guidance establishes criteria to be followed when these wastes are disposed of. Under Section 121(a) of the Nuclear Waste Policy Act, the EPA is required to promulgate generally applicable standards for protection of the general environment from offsite releases from radioactive materials in repositories.
• · The Department of Transportation (DOT)regulates both the packaging and carriage of all hazardous materials including high-level nuclear waste. Packaging must meet NRC regulations, which are compatible with and generally derived from internationally developed standards, and the package design must be reviewed and certified by NRC. DOT prescribes limits for external radiation levels and contamination, and controls the mechanical condition of carrier equipment and qualifications of carrier personnel.
• · The Department of the Interior (DOI), through the U.S. Geological Survey, conducts laboratory and field geologic investigations in support of DOE’s waste disposal programs, and collaborates with DOE on the earth science technical activities. The Bureau of Land Management, within DOI, manages certain public lands. DOI may withdraw such public lands for the limited exclusive use of DOE in support of radioactive waste disposal actions.

9. Section 134 of the Atomic Energy Act of 1954(42 U.S.C. 2160d(b)) is amended by striking subsections b. and c. and inserting in lieu thereof the following: ‘‘b. Effective 7 years after the date of enactment of the American Medical Isotopes Production Act of 2009, the Commission may not issue a license for the export of highly enriched uranium from the United States. ‘‘c. The period referred to in subsection (b) may be extended for no more than three years if, no earlier than 6 years after the date of enactment of the Act, the Secretary of Energy certifies to the appropriate Congressional committees that— ‘‘

I. there is insufficient global supply of molybdenum-99 produced without the use of highly enriched uranium available to satisfy the domestic United States market,

II. the export of United States-origin highly enriched uranium for the purposes of medical isotope production is the most effective temporary means to increase the supply of molybdenum-99 to the domestic United States market.

10. Not later than 1 year after the date of the enactment of this Act, the Chairman of the Nuclear Regulatory Commission, after consulting with other relevant agencies, shall submit to the Congress a report detailing the current disposition of previous United States exports of highly enriched uranium, including—

I. their location

II. whether they are irradiated;

III. whether they have been used for the purpose stated in their export license;

IV. whether they have been used for an alternative purpose and, if so, whether such alternative purpose has been explicitly approved by the Commission

V. the year of export, and reimportation, if applicable;

VI. their current physical and chemical forms; and

VII. whether they are being stored in a manner which adequately protects against theft and unauthorized access.

11. Act of 1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end the following new section: ‘‘SEC. 112. DOMESTIC MEDICAL ISOTOPE PRODUCTION.

a. The Commission may issue a license, or grant an amendment to an existing license, for the use in the United States of highly enriched uranium as a target for medical isotope production in a nuclear reactor, only if, in addition to any other requirement of this Act— ‘‘

I. the Commission determines that— ‘‘

- there is no alternative medical isotope production target, enriched in the isotope U- 235 to less than 20 percent, that can be used in that reactor;

- the proposed recipient of the medical isotope production target has provided assurances that, whenever an alternative medical isotope production target can be used in that reactor, it will use that alternative in lieu of highly enriched uranium; and

II. the Secretary of Energy has certified that the United States Government is actively supporting the development of an alternative medical isotope production target that can be used in that reactor.

b. As used in this section—

I. the term ‘alternative medical isotope production target’ means a nuclear reactor target which is enriched to less than 20 percent of the isotope U- 235; and

II. a target ‘can be used’ in a nuclear research or test reactor if—

- the target has been qualified by the Reduced Enrichment Research and Test Reactor Program of the Department of Energy; and ‘

- use of the target will permit the large majority of ongoing and planned experiments and isotope production to be conducted in the reactor without a large percentage increase in the total cost of operating the reactor.

The Radioactive Substances Act 1993

This requires registration under the following sections;

Sections 6 and 7 - The maximum quantities of individual isotopes to be kept, or used, on the premises (the whole University) at any one time is limited. Thus the University Radiological Protection Officer (URPO) must keep an accurate log of isotopes ordered for users in the University.

Sections 13 and 14 - The accumulation and disposal of radioactive waste. There are disposal limits (based on monthly figures) above which the University will have committed a criminal offence.This is why the URPO requires registered workers to be responsible for individual consignments of radioactive materials and to keep accurate disposal records (track records) which must be returned to him every month until the individual consignment is used up. The University has a limited authorisation to accumulate radioactive waste, thus disposal should be completed as soon as possible after use.

Thus there are legal requirements which mean the University must impose a rigid management upon the use of radioisotopes across the campus.

The Ionising Radiations Regulations 1999

These require the University and Department to control the use of ionising radiation (unsealed isotopes, or radiochemicals, and X-ray producing equipment). A principle aim of the Regulations is to ensure that radiation exposure is kept as low as reasonably achievable (ALARA).

Regulation 7 requires the assessment of risk for any new work performed. Our generic assessment on radiation use and the local rules supplied to registered workers are likely to cover the lab-scale use of radioisotopes encountered in biological applications.

Regulation 8 requires us to take all necessary steps to restrict, so far as is reasonably practicable, the extent to which any person is exposed to ionising radiation. For using unsealed sources this includes the provision and use of containment systems (e.g. trays), remote handling devices (e.g. pipettors), shielding (e.g. perspex) and the design of work areas to make them easy to decontaminate in the event of spillage. For X-ray sources this includes restricting access, ensuring interlocks function and locking-off arrangements are in place and warning devices are functional and fail-safe.

Regulation 10 requires that any engineering facility (e.g. fume cupboard or electromechanical interlock) or specific item of personal protective equipment is examined and maintained at suitable intervals.

regulation 11 requires us to ensure that people are not exposed to an extent that any specified dose limit is exceeded in any calendar year. The University supplies dose-monitoring equipment (such as film badges and finger monitors) to workers using X-rays and ³²P.

Regulation 14. We must provide appropriate training in the field of radiation protection and give such information and instruction as is suitable and sufficient for workers to know

(i) the risks to health created by exposure to ionising radiation
(ii) the precautions which should be taken; and
(iii) the importance of complying with the medical, technical and administrative requirements of these Regulations.

Apart from the information contained in the generic assessment, individual supervisors must ensure that those they supervise are adequately trained, informed and instructed (refer also to Regulation 17).

Regulation 16 addresses the designation of 'controlled' or 'supervised' areas. The University Radiation Protection Officer (URPO) will decree such areas. In the Department any laboratory using unsealed radioactive sources or X-rays is deemed to be a 'designated' area. Lab SB 0.56 is a 'controlled' area.

Regulation 17. In respect of any 'controlled' or 'supervised' area, the University must make appropriate local rules in that area. The URPO authors such rules. These identify the key working instructions intended to restrict any exposure in that area. The details are appropriate to the nature and degree of risk of exposure to ionising radiation. The Department must ensure the rules are brought to the attention of our workers and are observed by them. To help ensure this we appoint a suitably experienced radiation protection supervisor (RPS).

Regulation 18. In any supervised area we must provide suitable and sufficient signs giving warning of the status of the supervised area, indicating the nature of the radiation sources and the risks arising from such sources. The arrangements in labs must include the provision of suitable and sufficient washing facilities for persons who enter or leave the area.

Regulation 19. We must ensure that supervised areas are adequately monitored, having regard to the nature and extent of the risks resulting from exposure to ionising radiation, and that working conditions in those areas are kept under review. We must ensure that the monitoring equipment is properly maintained and tested at appropriate intervals. Suitable records of the results of monitoring and of the tests must be made and kept for at least 2 years from the respective dates on which they were made.

Regulation 25. Where we suspect, or have been informed, that someone is likely to have received an overexposure as a result of work carried out here we must make an immediate investigation to determine whether there are circumstances which show beyond reasonable doubt that no overexposure has occurred. If we cannot determine this then we must notify the Health and Safety Executive and the Medical Centre. We must then take reasonable steps to notify the suspected overexposure to the person affected.

Regulation 28. For the purpose of controlling our use of radioactive substances we must take appropriate steps to account for, and keep records of, the quantity and location of those substances. We must keep those records for at least 2 years from the date on which they were made and, in addition, for at least 2 years from the date of disposal of that radioactive substance.The 'track records' issued (by the URPO) with every delivery of radiochemical make individual workers responsible for the isotope, and provide a means for recording usage and disposal. These 'track records' are returned monthly.

Regulation 30. In the event of;

1. significant contamination resulting from a spillage or a release into the atmosphere of a gas, aerosol or dust or

2. a significant quantity being lost or stolen

we must notify the Health and Safety Executive and make an immediate investigation.

Regulation 33. No person shall intentionally or recklessly misuse or without reasonable excuse interfere with any radioactive substance or any electrical equipment to which these Regulations apply.