The cleanup of releases of radioactive materials from commercial low-level radioactive waste disposal sites: Whose jurisdiction?
- Foxboro Co., MA (United States)
There exists an overlap between the Comprehensive Environmental Response, Compensation and Recovery Act ({open_quotes}CERCLA{close_quotes}) and the Atomic Energy Act ({open_quotes}AEA{close_quotes}) regarding the cleanup of releases of radioactive materials from commercial low-level radioactive waste sites. The Nuclear Regulatory Commission ({open_quotes}NRC{close_quotes}) and Agreement States have jurisdiction under the AEA, and the Environmental Protection Agency ({open_quotes}EPA{close_quotes}) has jurisdiction pursuant to CERCLA. This overlapping jurisdiction has the effect of imposing CERCLA liability on parties who have complied with AEA regulations. However, CERCLA was not intended to preempt existing legislation. This is evidenced by the federally permitted release exemption, which explicitly exempts releases from CERCLA liability pursuant to an AEA license. With little guidance as to the applicability of this exemption, it is uncertain whether CERCLA`s liability is broad enough to supersede the Atomic Energy Act. It is the purpose of this paper to discuss the overlapping jurisdiction for the cleanup of releases of radioactive materials from commercial low-level radioactive waste disposal sites with particular emphasis on the cleanup at the Maxey Flats, West Valley and Sheffield sites.
- OSTI ID:
- 45246
- Journal Information:
- Natural Resources Journal, Vol. 34, Issue 2; Other Information: PBD: Spr 1994
- Country of Publication:
- United States
- Language:
- English
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