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(27,509 posts)
Mon Sep 30, 2013, 10:11 AM Sep 2013

New York Wonders Where Nuclear Cleanup Funds Would Come From

Neither Price-Anderson nor Superfund would pay to clean up a nuclear accident in the US.

http://www.nextgov.com/defense/2013/09/new-york-wonders-where-nuclear-cleanup-funds-would-come/70800/

New York Wonders Where Nuclear Cleanup Funds Would Come From

By Douglas P. Guarino Global Security Newswire September 25, 2013

Who -- and what pot of money -- would drive cleanup after a severe nuclear-power-plant incident is a question still left unanswered by the federal government, New York state officials say in a recent legal filing with the Nuclear Regulatory Commission.

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In 2009, NRC officials informed their counterparts at the Homeland Security Department and the Environmental Protection Agency that the Price-Anderson money likely would not be available to pay for offsite cleanup -- a revelation made public a year later when internal EPA documents were released under the Freedom of Information Act.

Another three years have gone by and the federal government has yet to provide a clear answer, the New York AG office says. Last year, NRC Commissioner William Magwood acknowledged in a presentation to the Health Physics Society that “there is no regulatory framework for environmental restoration following a major radiological release.”

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NRC officials have argued the Superfund law was not intended for this purpose, a position Magwood reiterated in his presentation. Industry, meanwhile, backs suggestions in a new EPA nuclear-response guide that it might not be feasible to clean up to Superfund standards.

Then-Representative Edward Markey (D-Mass.), now a U.S. senator, pressed President Obama on the issue following the onset of the Fukushima crisis in Japan in 2011. Steven Chu, then the Energy secretary, responded on behalf of the president, saying that Superfund law contained an exemption for certain radioactive materials covered by the Price-Anderson Act that could prevent the Environmental Protection Agency from responding to such an incident in its usual way.

“If such a release were determined to consist of only these specified radioactive materials (i.e., no commingling with other Superfund-regulated hazardous substances), than the [Superfund] exclusion could limit EPA’s response authority,” Chu said in a July 2011 letter to Markey. Normally, the agency can sue companies responsible for pollution under the Superfund law.

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