The first proposed rule change includes sweeping changes to radiation safety standards and oversight with serious impacts on state programs and worker and public safety.
Source: N.M. Department of Justice
Albuquerque, NM – Attorney General Raúl Torrez today took action to oppose U.S. Nuclear Regulatory Commission (NRC) proposals, which are part of a wholesale, rapid revision of its long-standing regulations. In comments submitted to the NRC, Attorney General Torrez and a coalition of attorneys general oppose the rushed, monumental changes the NRC has proposed that threaten to put public health and safety at risk.
“The NRC’s sweeping proposed rule changes would raise allowable radiation exposure levels, weaken monitoring and reporting requirements, and roll back a long‑standing standard, which is one of the most important science‑based safeguards we have to minimize radiation risks,” said Attorney General Raúl Torrez. “Equally troubling, the NRC proposals would fast‑track segments of nuclear power plant construction without environmental review or meaningful public involvement. Strong, transparent oversight and rigorous safety standards are essential to ensure that nuclear development is responsible, accountable, and that it protects New Mexico working families and environment.”
The first proposed rule change includes sweeping changes to radiation safety standards and oversight with serious impacts on state programs and worker and public safety. The proposal would increase the levels of radiation to which workers and the public could legally be exposed. It would also reduce monitoring and reporting requirements and revise air emission standards to allow higher levels of radioactive pollution. Further, this proposal would eliminate the science backed “As Low As Reasonably Achievable” (ALARA) standard for radiation protection. The NRC has not provided a scientific basis for abandoning this internationally recognized, longstanding protection.
In their comment letter, the attorneys general argue that the NRC failed to support its proposals with evidence, failed to propose or consider alternative approaches to achieve its stated goals, and failed to allow the public or the states adequate time to comprehend and meaningfully review this deluge of proposed regulatory changes.
Attorney General Torrez also joined the coalition in submitting comments opposing a second NRC proposal that would allow large parts of nuclear power plants to be built without environmental review, without community engagement in the decision-making process and without considering alternatives. The proposal would also limit the public’s opportunity for continued engagement after nuclear power plants are built.
The attorneys general argue that several other provisions in the proposed rule create unwarranted risks to public safety and amount to the NRC abdicating its oversight role and safety mandate. The NRC has conceded in its Regulatory Analysis for the Proposed Rule that the changes will likely reduce public confidence in the safety and security of nuclear power, contrary to its statutory obligations.
The coalition notes that the proposed changes have the potential to most significantly and negatively impact communities with environmental justice concerns. The attorneys general assert that, if finalized, this proposed rule would violate the Administrative Procedure Act and fail to comply with the Atomic Energy Act and the National Environmental Policy Act (NEPA).
Last month, Attorney General Torrez joined a coalition of attorneys general in submitting a comment letter opposing an NRC proposal to revise its NEPA regulations. That proposal would unlawfully fast-track nuclear power projects by ignoring foreseeable environmental impacts and making it harder for the public to engage.
Joining Attorney General Torrez in submitting the comment letters today are the attorneys general of California, Colorado, Delaware, Illinois, Massachusetts, Maryland, Minnesota, Oregon, Vermont, and Washington.
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