Nuclear power meets the 101st Congress, a {open_quotes}one-act{close_quotes} comedy: Regulation of Nuclear Regulatory Commission licensees under the Clean Air Act

Journal Article · Thu Dec 31 04:00:00 EST 1992 · Virginia Environmental Law Journal

OSTI ID:241221

Goldsmith, R

In the Clean Air Act Amendments of 1977, Congress directed the Environmental Protection Agency (EPA) to regulate all radioactive pollutants, including those emitted from facilities licensed and regulated under the Atomic Energy Act (AEA) by the Nuclear Regulatory Commission (NRC). Thus began the era of so-called {open_quotes}dual regulation.{close_quotes} Thirteen years later, that era ended with the passage of section 112(d)(9) of the Clean Air Act Amendments of 1990, which authorized the EPA to refrain from regulating any category of NRC-licensed facility if it found that NRC regulation was adequate to protect public health. This story of how Congress reversed regulatory policy is actually a story more about nuclear power than air pollution. Dual regulation was authorized in 1977 because of two concerns: fears about the public health risks associated with the nation`s growing commitment to nuclear power and doubts about the integrity of nuclear regulation by the NRC. Although neither of these concerns had abated by 1990, the legislative process was so adroitly manipulated by the proponents of nuclear power that Congress, unwittingly, restored the NRC`s regulatory monopoly.

• OSTI ID: 241221
• Journal Information: Virginia Environmental Law Journal, Journal Name: Virginia Environmental Law Journal Journal Issue: 1 Vol. 12; ISSN XZ490W
• Country of Publication: United States
• Language: English

Related Subjects

21 SPECIFIC NUCLEAR REACTORS AND ASSOCIATED PLANTS
29 ENERGY PLANNING, POLICY, AND ECONOMY
CLEAN AIR ACTS
COMPLIANCE
ENFORCEMENT
ENVIRONMENTAL POLICY
NUCLEAR POWER
US EPA
US NRC