	Background

Radioactive waste is a byproduct of nuclear weapons production, commercial nuclear power generation, and the naval reactor program. Waste byproducts also result from radioisotopes used for scientific, medical, and industrial purposes. Waste classification policies have tended to link the processes that generate the waste to uniquely tailored disposal solutions. Consequently, the origin of the waste, rather than its radiologic characteristics, often determines its fate. 79-585) defined fissionable materials to include plutonium, uranium-235, and other materials that the Atomic Energy Commission (AEC) determined to be capable of releasing substantial quantities of energy through nuclear fission. Spent nuclear fuel is the highly radioactive fuel rods withdrawn from nuclear reactors. The radiation protection standards for NRC activities licensed under 10 C.F.R. Uranium mill tailings (referred to as 11e. Most of the United States' high-level waste inventory was generated by DOE (and former AEC) nuclear weapons programs at the Hanford, INL, and Savannah River Sites. Weapons-production reactor fuel, and naval reactor spent fuel were processed to remove special nuclear material (plutonium and enriched uranium). A salt-stone byproduct will be permanently disposed of on site. 108-375 ) specified that the definition of the term "high-level radioactive waste" excludes radioactive waste from reprocessed spent fuel if (1) the Energy Secretary in consultation with the NRC determines the waste has had highly radioactive radionuclides removed to the maximum extent practical, and (2) the waste does not exceed concentration limits for Class C low-level waste. Spent mixed oxide fuel would be disposed of in the same manner as conventional commercial spent fuel in an NRC-licensed deep geologic repository. Energy Policy Act Provisions for NORM

The Energy Policy Act of 2005 contains a provision in Section 651 that amends the Atomic Energy Act's section 11(e) definition of "byproduct material" to exclude "any discrete source of naturally occurring radioactive material [NORM], other than source material" that the NRC, in consultation with the EPA, Department of Energy, and Department of Homeland Security, determines would pose a threat similar to the threat posed by a discrete source of radium-226. The Rocky Mountain Compact defines low-level waste as specifically excluding radioactive waste generated by defense activities, high-level waste (from spent nuclear fuel reprocessing), transuranic waste (produced from nuclear weapons fabrication), 11e(2) byproduct material, and mining process-related wastes. Waste Disposal Policy Issues

The AEC first acknowledged the problem of waste disposal in 1955. The national problem created by accumulating spent nuclear fuel and radioactive waste prompted Congress to pass the Nuclear Waste Policy Act of 1982 (NWPA). The controversy over DOE waste incidental to reprocessing appears to have been resolved by redefining high-level radioactive wastes as excluding the residue in high-level waste storage-tanks. Radioactive waste classification continues to raises issues for policymakers.
Radioactive waste is a byproduct of nuclear weapons production, commercial nuclear power generation, and the naval reactor program. Waste byproducts also result from radioisotopes used for scientific, medical, and industrial purposes. The legislative definitions adopted for radioactive wastes, for the most part, refer to the processes that generated the wastes. Thus, waste disposal policies have tended to link the processes to uniquely tailored disposal solutions. Consequently, the origin of the waste, rather than its radiologic characteristics, often determines its fate.
Plutonium and enriched uranium-235 were first produced by the Manhattan Project during World War II. These materials were later defined by the Atomic Energy Act of 1954 as special nuclear materials, along with other materials that the former Atomic Energy Commission (AEC) determined were capable of releasing energy through nuclear fission. Reprocessing of irradiated nuclear fuel to extract special nuclear material generated highly radioactive liquid and solid byproducts. The Nuclear Waste Policy Act of 1982 (NWPA) defined irradiated fuel as spent nuclear fuel, and the byproducts as high-level waste. Uranium ore processing technologically enhanced naturally occurring radioactive material and left behind uranium mill tailings. The fabrication of nuclear weapons generated transuranic waste. Both commercial and naval reactors continue to generate spent fuel. High-level waste generation has ceased in the United States, as irradiated fuel is no longer reprocessed. The routine operation and maintenance of nuclear reactors, however, continues to generate low-level radioactive waste, as do medical procedures using radioactive isotopes.
The NWPA provides for the permanent disposal of spent nuclear fuel and high-level radioactive waste in a deep geologic repository. The repository is to be constructed and operated by the Department of Energy (DOE) under the Nuclear Regulatory Commission's (NRC) licensing authority. Yucca Mountain, in Nevada, is the candidate site for the nation's first repository.
The NRC and the Environmental Protection Agency (EPA) share regulatory authority for radioactive waste disposal. However, these regulatory agencies have yet to adopt uniform radiation protection standards for disposal sites. The NRC's jurisdiction, however, does not extend to DOE's management of defense-related waste at DOE facilities other than Yucca Mountain.
Radioactive waste classification continues to raise issues for policymakers. Most recently, DOE policy on managing the residue in high-level waste storage tanks proved controversial enough that Congress amended the definition of high-level waste. The disposition of waste with characteristics left undefined by statute can be decided by an NRC administrative ruling. The case for low-activity waste promises to provoke similar controversy. This report will be updated as new radioactive waste classification issues arise.