BACKGROUND:

On August 22nd, 2005 the Environmental Protection Agency
(EPA) proposed its revised radiation protection standard for the
Yucca Mountain Project, the proposed high-level nuclear waste
repository in southern Nevada.  This action was in response to a
federal court decision on July 9th, 2004 that vacated the previous
standard due to its inconsistency with federal law and
regulations.  Central to the court's ruling was that the 10,000
year regulatory compliance period in the previous standard was
deemed inconsistent with the recommendation of the National
Academy of Science (NAS).

According to the Energy Policy Act of 1992, the EPA was
authorized to develop a Yucca Mountain site specific radiation
protection standard to be consistent with a recommendation
from the NAS.  In a 1995 report, the NAS recommended, "That
compliance with the standard be measured at the time of peak
risk, whenever it occurs."  Thus, the 10,000 year compliance
period was rejected, and the report goes on to say that " peak
risks might occur tens to hundreds of thousands of years or
even farther into the future."

This new proposed standard again fails to meet the legal
requirements and is an insult to Nevadans, and the public in
general.  Dr. Arjun Makhijani of the Institute for Energy and
Environmental Research (IEER) said, "I consider this the worst
single action that the EPA has taken on radiation issues ever
since I began analyzing them almost 25 years ago."

On September 30th, 1997, Nevada Governor Bob Miller declared
that day and annually thereafter as "Nevada is Not a Wasteland
Day".  This was a historic occasion that emphasized Nevadans
will remain united in its opposition to the Yucca Mountain Project
and was made possible because of the work of Citizen Alert and
many other local and national public interest organizations that
have stressed the threat that the Yucca Mountain Project poses
to not only Nevada but to the entire country. 

TALKING POINTS:

. In defiance of all applicable laws and regulations, the EPA has
proposed a "two-tiered" standard that keeps the original 15
millirem exposure limit for the first 10,000 years but after 10,000
years is replaced with a 350 millirem (a millirem represents a
unit of absorbed radiation where a typical chest x-ray provides a
dose of about 10 millirem ).  This is a blatant disregard to future
generations and an irresponsible policy.  The distinction
between the two limits is completely arbitrary and is a laughable
attempt to accommodate the court's ruling.
 
. This standard sets a horrible precedent because the 350
millirem dose limit is based on natural background radiation
exposure levels.  We must not allow the EPA to establish this
dangerous precedent as it is contrary to internationally accepted
radiation protection standards and could seriously impact
hundreds of locations around the country facing radiation
contamination.  The EPA is taking a significant step backwards
in its stated mission of protecting public health.

. The EPA appears to be pandering to the needs of the
Department of Energy (DOE) and nuclear industry by tailoring
this radiation exposure standard to fit the Yucca Mountain site so
that it could be licensed.  According to the DOE's own estimates,
the maximum dose from the Yucca Mountain site would be
between 200 to 300 millirem per year several hundred thousand
years from now, well within the 350 millirem proposed limit, but
well outside of the 15 millirem limit.  With this rule, the EPA has
shown a total neglect for the welfare of not only current
Nevadans but future generations.   The EPA is dismissing the
need for generational equity and is instead claiming that future
generations should face some of the highest radiations doses
in the world.
 
. Another casualty of this proposed rule is the Safe Drinking
Water standard, which would not extend past 10,000 years,
effectively replaced by the inadequate 350 millirem all pathway
exposure limit. Water is an essential resource, which Citizen
Alert demands particular protection.  All waters should be
subject to the Safe Drinking Water standard at all times.  Again,
dropping the Safe Drinking Water standard after10,000 years
serves the DOE well since water is the most likely path for
radiation to be carried to the environment and people.

. The EPA calculated this standard using what is known as a
Reasonably Maximum Exposed Individual (RMEI).  RMEI is
defined as an adult "standard man."  The EPA is willingly
ignoring the potential impacts to children, women, mothers, the
elderly, and others who may in fact be more vulnerable to
radiation exposure.  In fact, Executive Order 13045 that requires
federal agencies to specifically address the potential impact to
children's health and safety was summarily ignored.  The EPA
believes there exists no disproportionate impact to children.  Tell
the EPA that children are NOT negligible.

. The most egregious claim set forth by the EPA is their
assertion that this standard has no "tribal implications." 
Executive Order 13175 forces the agency to develop a process to
receive input from tribal governments on any potential impact
this standard may have.  The EPA arrogantly ignores this order
by declaring this rule will have no "substantial effects on one or
more tribal governments, or on the relationship between the
Federal Government and Indian tribes."  This is absolutely
absurd.  Yucca Mountain sits on the sacred land of the Western
Shoshone people and WILL adversely affect the indigenous
population in surrounding areas.

TAKE ACTION HERE:
Make your voice heard!  Tell them this is an unacceptable
radiation standard and that you stand united with Nevadans in
opposition to the Yucca Mountain Project and declare that
AMERICA IS NOT A WASTELAND!

To Submit Comments:

Go to http://www.epa.gov/radiation/yucca/comments.htm or
e-mail directly to: a-and-r-docket@...    Attention: Docket ID
No. OAR-2005-0083

Contact Citizen Alert for more information:

702-796-5662 (Las Vegas)
775-827-4200 (Reno)
www.citizenalert.org
tonyg@...
hadder@...