The regulation of radioactive materials and wastes by federal agencies

Perhaps no area of environmental law is less understood than the law that regulates radioactive materials and wastes. Radiation experts such as health physicists who talk in terms of “curies,” “Sierverts,” and “critical mass” have a language and methodology that seem alien to most environmental practitioners used to dealing with the intricacies of the Resource Conservation and Recovery Act, the Clean Air Act, or the Clean Water Act. When I think of how most environmental engineers and attorneys view the rules that regulate radioactive materials, I am reminded of a Churchill quote that Russia was “a riddle wrapped in a mystery inside an enigma.”

Many people assume that virtually all rules pertaining to radioactive materials and waste are governed by the Nuclear Regulatory Commission (NRC) regulations. While the NRC obviously is a major “player,” it is not the only one. Depending on the quantity and type of substance involved, the activity involved, that is, possession, use, transportation, disposal, or cleanup of contamination, other agencies may be “players” as well. Those agencies include the Environmental Protection Agency (EPA), the Department of Energy (DOE), the Department of Transportation (DOT), the Occupational Safety and Health Administration (OSHA), other federal agencies such as the Department of Defense (DOD), and even state radiation protection agencies.