ML20126B481

Forwards W Dircks & G Cunningham 800213 Statements Before Congressional Subcommittee & President Carter'S Program on Radwaste Mgt to Agreement & Nonagreement States Liaison Officers

ML20126B481
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Issue date:	02/14/1980
From:	Kerr G NRC OFFICE OF STATE PROGRAMS (OSP)
To:	NRC OFFICE OF STATE PROGRAMS (OSP)
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UNITED STATES 8 y, n NUCLEAR REGULATORY COMMISSION

{ ,1 WASHINGTON, D. C. 20656

\...../ gre o sw MEMORANDUM FOR: Agreement States Non-Agreement States State Liaison Officers '

FROM: G. Wayne Kerr, Acting Director Office of State Programs SUB3ECT: RADIOACTIVE WASTE MANAGEMENT PROGRAM l

Attached for your information is a White House press relesse as well as a fact sheet on the President's program on radioactive waste management.

In addition, we have attached the prepared statements of William Dircks and George Cunningham which were submitted before the Subcomittee on Energy, Nuclear Proliferation and Federal Services, Committee on Governmental Affairs on February 13, 1980.

$Ik G. Wayn Kerr, Acting Di' rector Office of State Programs I

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, THE 'AfITE HOUSE TO THE CONGRESS OF THE UNIT O STATES:

Today I am establishing this Nation's first comprehensive radioactive waste management program. My paramount objective in managing nuclear wastes is to protect the health and safety of all Americans, both now and in the future. I share this i responsibility with elected officials at all levels of our go vernm en t . Our citisens have a deep concern that the beneficial uses of nuclear technology, including the generation of electricity, not be allowed to imperil public health or safety now or in the future.

For more than 30 years, radioactive wastes have been generated by programs for national def ense, by the commercial nuclear power program, and by a variety of medical, indus trial at.J research activities. Yet past governmental efforts to m?nage radioactive wastes have not been technically adequate.

Moreover, they have failed to involve successfully the States, local governments, and the public in policy or program decisions.

My actions today lay the foundation for both a technically superior program and a full cooperative Federal-State partner-ship to ensure public confidence in a waste management program.

My program is consistent with the broad consensus that

- has evolved from the efforts of the Interagency Review Group on Radioactive Waste Management (IRG) which I established.

i The IRG findings and analysis were comprehensive, thorough and widely reviewed by public, industry and citizen gT*oups, State and local governments, and members of the Congress.

Evaluations of the scientific and technical analyses were  !

obtained through a broad and rigorous peer review by the scientific communi ty. The final recommendations benefited i from and reflect this input.

My objective is to establish a comprehensive program for the management of all types of radioactive wastes. My -r policies and programs establish mechanisms to ensure that elected officials and the public fully participate in waste decisions, and direct Federal departments and agencies to implement a waste management strategy which is safe, technically sound, conservative, and open to continuous, public review.

This approach will help ensure that we will reach our objective -- the safe storage and disposal of all fornas of nuclear waste.

Our primary objective is to isolate existing and future

' radioactive waste from military and civilian activities from j the biosphere and pose no significant threat to public health and safety. The responsibility for resolving military and civilian waste management problems shall not be deferred to future generations. The technical program must meet all i

relevant radiological protection criteria as well as all other L applicable regulatory requirements. This effort must proceed regardless of future developments within the nuclear industry --

its future size, and resolution of specific fuel cycle and reactor design issues. The specific steps outlined below

are each aimed at accomplishing this overall objective.

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2 First, my Administration is committed to providing an effec- ,

tive role for State and local governrents in the development and '

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implementation of our nuclear waste management prograa. I l

am therefore taking the following actions:

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o By Executive Order, I as establishing a State Planning ~l'

• Council which will strengthen our intergovernmental

• relationships and help fulfill our joint responsibility l to protect public health and safety in radioactive 8 waste matters. I have asked Governor Riley of South '

Carolina to serve as Chairman of the Council. The Counell will have a total of 19 members: 15 who  !

are Governors or other elected officials, and 4 from the Executive departments and agencies. It will ,

advise the Executive Branch and work with the Congress to address radioactive waste management issues, such +1 I as planning and siting, construction, and operation of facilities. I will submit legislation during

• this session to make the Council permanent.

.i o In the past, States have not played an adequate part I in the waste management planning process -- for example, '

in the evaluation and location of potential waste <

disposal sites. The States need better access to '

information and expanded opportunity to guide waste management planning. Our relationship with the States ,

will be based on the principle of consultation and i I concurrence in the siting of high level waste repost- ii tories. Under the framework of consultation and  ;'

concurrence, a host State will have a continuing I role in Federal decisionmaking on the siting, desi gn ii and construction of a high level waste repository. l State consultation and concurrence, however, will lead to an acceptable solution to our waste disposal  ;

problem only if all the States participate as partners in the program I am putting forth. The safe disposal i of radioactive waste, defense and commercial, is ll a national, not just a Federal, resnonsibL11ty.

o I am directing the Secretary of Ene. gy to provide i financial and technical assistance to States and l other jurisdiction to facilitate t.se full participation l of State and local government in review and licensing  !

proceedings. y i

• i Second, for disposal of high level radioactive waste. I <

as adopting an interim planning strategy focused on the use fj of mined geologic repositories capable of accepting both waste '

from reprocessing and unreprocessed commercial spent fuel.

An interim strategy is needed since final decisions on many steps which need to be taken should be preceded by a full environmental review under the National Environmental Policy Act. In its search for suitable sites for high level waste 1 repositories, the Department of Energy has mounted an expanded  !

i and diversified program of geologio investigations that reco gnize s i the importance of the interaction among geologic setting, repository host rock, waste form and other engineered barriers on a site-specific basis. Immediate attention will focus on research and development, and on locating and characterizing a number of potential repository sites in a variety of different geologic environments with diverse rock types. When four to five sites have been evaluated and found potentially suitable, one or more will be selected for further development as a licensed full-scale repository.

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y It is important to stress the following two points: Firs t , iplt;l because the suitability of a geolo61c disposal site can be #

verified only through detailed and time-consuming site specific bs evaluations, actual sites and their geologic environments must -

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be carefully examined. Second, the developmentExperience will proceed .in a careful step-by-step aanner.

of a repository  :

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and information gained at each phase will be reviewed and i d; ,

?' evaluated to determine if there is sufficient We knowledge should beto li !

proceed with the next stage of development. )

ready to select the site for the first full-scale repository f(i; by about 1985 and have it operational by the mid-1990's.

For reasona of economy, the first and subsequent repositories y<p should accept both defense and commercial wastes.

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'I h l Consistent with my decision to expand and diversity the j l Department of Energy's program of geologic investigation before I- have 'L l selecting a specific site for repository development, T i decided that the Waste Isolation Pilot Plant project should s be cancelled. This project 'is currently authorized for the {;

unlicensed disposal of transuranic waste from our National i defense program, and for research and development using high level 4} l defense waste. This project is inconsistent with my policy t that all repositories for highly radioactive waste be licensed, 5 and that they accept both def ense and commercial wastes.

The site near Carlsbad, New Mexico, which was being considered gj f,

for this project, will continue to be evaluated along with I other sites in other parts of the country. If qualified, l it will be reserved as one of several candidate sites for possible use as a licensed repository for defense and commercial high level wastes. My fiscal year 1981 budget contains f unds in the commercial nuclear waste program for protection and continued investigation of the Carlsbad site. Finally, it is important that we take the time to compare the New Mexico I site with other sites now under evaluation for the first waste I repository.

6 Over the next five years, the Department of Energy will l carry out an aggressive program of scientific and technical investigations to support waste solidification, packaging and repository design and construction including several experimental, retrievable emplacements in test facilities. -

l This supporting research and development program will call upon the knowledge and experience of the Nation's very best peop)r in science, engineering and other fields of learning i include participation of universities, indus try, and 41) government l and u.e departments, agencies, and national laboratories. ,

Third, during the interim period before a disposal facility l l

1s available, waste must and will continue to be cared for safely. Management of defense waste is a Federal responsibility; the Department of Energy will ensure close and meticulous control over defense waste I am facilities committed to which are vital maintaining safetointerim our national security.

storage of these wastes as long as necessary and to making

, adequate funding available for that purpose. We will the various defalso ense j l

proceed sites that with research and development atwill lead the processing, packaging, an transf er to a permanent repository of the high level and transuranic wastes from def ense programs.

In contrast, storage of commercial spent fuel is primarily l a responsibility of the utilities. I want to stress that an alternative

' interi= spent fuel storage capacity is not to ;ermanent disposal. However, adequate storage is necessary i more (CVER) 4 f . .

4 until repositories are available. I urge the utility industry to continue to take all actions necessary to stcre spent fuel i;

in a manner that will protect the public and ensure efficient and safe operation of power reactors. However, a limited amount of government storage capacity would provide flexibility to our ' national waste disposal program and an alternative for those utilities which are unable to expand their storage capabilities.

I reiterate the need for early enactment of my proposed spent nuclear fuel legislation. This proposal would authorize the Department of Energy to (1) design, acquire or construct, and operate one or more away-from-reactor storage facilities, and (2) accept for storage, until permanent disposal facilities are available, domestic spent fuel, and a limited amount of foreign spent fuel in cases when such action would further i

our non-proliferation policy objectives. All costs of storage, including the cost of locating, constructing and operating permanent geologic repositories, will be recovered through fees paid by utilities and other users of the services and will ultimately be borne by those who benefit from the activities generating the wastes.

Fourth, I have directed the Department of Energy to work jointly with states, other government agencies, industry and other organizations, and the public, in developing national plans to establish regional disposal sites for commercial low level waste. We must work together to resolve the serious near-term problem of low level waste disposal. While this

' task is not inherently difficult from the standpoint of safety, it requires better planning and coordination. I endorse the actions being taken by the Nation's governors to tackle this problem and direct the Secretary of Energy to work with them in support of their effort.

Fifth, the Federal programs fer regulating radioactive 3

waste storage, transportation and disposal are a crucial com-ponent of our efforts to ensure the health and safety of Americans. Although the existing authorities and structures are basically sound, improvements must be made in several areas. The current authority of the Nuclear Regulatory Commission to license the disposal of high level waste and low level waste in co=mercial facilities should be extended -

to include spent fuel storage, and disposal of transuranic waste and non-defense low level waste in any new government facilities. I am directing the Environmental Protection Agency to consult with the Nuclear Regulatory Commission to resolve issues of overlapping jurisdiction and phasing of regulatory actions. They should also seek ways to speed up the promulgation of their safety regulations. I am also directing the Department of Transportation and the Environ-mental Protection Agency to improve both the efficiency of their regulatory activities and their relationships with other Federal agencies and state and local governments.

Sixth, it is essential that all aspects of the waste management program be conducted with the fullest possible disclosure to and participation by the public and the technical community. I am directing the departments and agencies to develop and i=orove mechanisms to ensure such participation and public involvement consistent with the need to proteut national security information. The waste management program will be carried out in full compliance with the National Environmental Policy Act.

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5 Seventh, because nuclear waste management is a problem shared by many other countries and decisions on waste =anage-ment alternatives have nuclear proliferation implications.

I will continue to encourage and su . port bilateral and multi-lateral efforts which advance both our technical capabilities and our understanding of spent fuel and waste management options, which are consistent with our non-proliferation policy.

In its role as lead agency for the management and disposal of radioactive wastes and with cooperation of the other relevant Federal agencies, the Department of Energy is preparing a l

detailed National Plan for Nuclear Waste Management to imple- l ment these policy guidelines and the other recommendations of the IRG. This Plan will provide a clear road map for all )

parties and will give the public an opportunity to review i

the entirety of our program. It will include specific program ]

goals and milestones for all aspects of nuclear waste canage- '

ment. A draf t of the comprehensive National Plan will be  !

distributed by the Secretary of Energy later this year for public and Congressional review. The State Planning Council 4 I

will be directly involved in the development of this plan. l

• The Nuclear Regulatory Commission now has underway an '

important proceeding to provide the Nation with its judgment on whether or not it has confidence that radioactive wastes l produced by nuclear power reactors can and will be disposed of safely. I urge that the Nuclear Regulatory Commission do l so in a thorough and timely manner and that it provide a I full opportunity for public, technical and government agency participation. l' Over the past two years as I have reviewed various aspects of the radioactive waste problem, the complexities and diffi-culties of the issues have become evident -- both from a technical and, more importar.tly, from an ir.stitutional and i l

, political perspective. However, based on the technical con- '

clusions reached by the IRC, I am persuaded that the capability now exists to characterize and evaluate a number of geologic environments for use as repositories built with conventional mining technology. We have already made substantial progress and changes in our programs. With this comprehensive policy

' and its implementation through the FY 1981 budget and other actions, we will complete the task of reorienting our efforts .

in the right direction. Many citizens know and all must under-stand that this problem will be with us for many years. We must proceed steadily and with determination to resolve the 4

remaining technical issues while ensuring full public partici-pation and maintaining the full cooperation of all levels of government. We will act surely and without delay, but we will not co'm promise our technical or scientific standards out of haste. I look forward to working with the Congress and the states to implement this policy and build public confidence in the ability of the government to do what is required in this area to protect the health and safety of our citizens.

JIMMY CARTER THE WHITE HOUSE, oeeec t

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, THE WHITE HOUSE FACT SHEET

, THE PRESIDENT'S PROGRAM ON RADICACTIVE WASTE MANAGEMENT HIGHLIGHTS In a Message sent to Congress today, the President outlined a comprehensive i national radioactive waste management orogram. This program is based on the report of ne Interagency Review Group on Nuclear Waste Management published in March. 1979. .

4 The paramount objective in managing nuclear wastas is to protect the health and safety of all Americans, botn new and in the future. The disposal of nuclear waste should not and will not be deferred to future generations.

The key elements of the President's program are:

o All levels of government share the responsibility for' safe management and disposal of nuclear wastes.

. In order to provide a more effective role for $ tate and local governments the President has created a State Planning Council of elected State, local, and tribal officials and neads of cabinet departments and other federal agencies. Governor RichaN Riley of South Carolina will serve as Chair an. State Representative Paul Hess i of Kansas will serve as Vice Chairman. The Council will aovise the Executive Branch and work with Congress on key radioactive waste management and disposal issues, especially related institutional decisions.

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. The basis of the relationship between States and the '

Federal government in the siting of high level waste I repositories will be the principle of consultation and , )

concurrence, o Pending reviews recuired by the Natfocal Environmental policy l Act, an interim planning strategy for disposal of high level I and transuranic waste has been adopced that relles on nrined l ceologic reoositories, j

. The program directed toward siting and opening rtoositories will be tecnnically conservative, include expanced and technically diversified research and development and site -

investigations, and move carefully, in a step by step  !

manner, toward site selection and operation cf the first  !

. hign level waste recository.

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t Innediate attention will focus on l0CAting and Cnaracteri2ing a number of potential repository. sites in a variety of different geologic environtr.ents with diverse rock types.

This effort will be supported by a comprehensive research and develcoment program. When four to five sites have been e,, valuated and found potentially suitable for a -

repository, one or more will be selected for further develooment as a licensed, full-scale repository. The i.

site for the first full-scale repository should be selected by about 1985 and it should be operational by the mid- .'

1990's.

- The Waste Isolation Pilot Plant (WIPP) project will be cancelled since it is unlicensed and cannot accept comercial  ;

was tes. The site of the proposed project at Carlsbad, '

New Mexico will be investigated further and if found l qualified will be reserved for consideration along with I

other candidate sites in different geologic envirotunents l-,

as a licensed repository for high level wastes, o The safe interim storage of comercial spent fuel from nuclear power reactors will continue to be the responsibility of the utilities operating these plants until a permanent geologic -

recository capability exists. However, the Acministration f will continue to press for legislation to build or acquire limited spent fuel storage capacity at one or more away-from- [

reactor (AFR) facilities for those utilities unable to expand i

their storage capabilities and for limited amounts of foreign spent fuel when the objectives of the U.S. nonproliferation policy would be furthered.

o The Department of Energy will work with the States in their efforts to estabilsh a reliable commercial low leve! radioactive waste disposal system.

o The Administration will submit legislation to extend Nuclear

' Regulatory Commission licensing authority to cover all 00E facilities for transuranic waste disposal amt any new OCE sites for disposal cf corrercial 1cw level weste. Under existing law, NRC has licensing authority over DOE facilities for disposal of hign level radioactive wastes, o Specific actions will be taken to improve and expedite regulatory sctions by the Environmental Protection Agency and the Nuclear *

, l Regulatory Commission.

l o The Nuclear Regulatory Comission is determining whether or

, not it has confidence that radioactive wastes can be disposed of safely. The President is urging the NRC to conduct its proceeding in a timely manner and to provide full opportunity for public, technical and governtrant agency participation.

o The. President's Fiscal Year 1981 budget for the Department of Energy requests $670 million in buoget authority for nuclear

' waste programs. Other Department and agency requests total 549 million.

1 A brief description of the various tyDes of nuclear waste and the cuantities curried. stereo and new teing produced will be found in the background section of this Fact Sheet.

C9JECTIVES i

The primary cojective for waste management clarming and implementation will be that extsting and future radioactive wa.ste frem military and .

civilian activities (including corrmercial scent fuel if and wnen it is

,' to be discarded) Inould be isolated fecm tne biosphere and pose no

, sigrtficant tnesat to suolic nealin and safety.

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The following principles will guide our program:

.. o The technical program must meet all of the relevant radiological

, protection criteria, as well as any other applicable regulatory requiremen ts. Although zero release of radionuclides or zero risk fron any such release cannot be assured. such risks should fall within pre-established standards and, beyond that, 3

be reduced to the lowest level practicable.

o The responsibility for establishing a nuclear waste management

, program will not be deferred to future generations, o The nuclear wasta management program should explicitly include consideration of all aspects of the waste management system including safety,Trivironmental, organizational, and institutional i f actors.

o The basic elements of the program should be independent of the size of the nuclear industry and of the resolution of specific fuel cycle or reactor design issues of the nuclear power i nd astr/.

ELEMENTS OF T'4E PRESIDENT'S PROGRAM

1. Relations with State and Local Goverments o The President has created, by Executive Order, a State plannino Council to advise the Executive Branch and work witn the Congress in making and implementing decisions on waste management and disposal ,

The council will be chaired by Governor Richard Riley. There

- will be 14 members who are designated by the President as follows: eight governors; five state and local government I officials other than governors; and, a tribal goverment rep res en ta tive. The Secretaries of Energy Interior, and Transportation and the Administrator of the Environmental protection Agency are also members.

The Council will provide advice and recommendations to the President and the Secretary of Energy on nuclear waste management

' including interim ssorage of spent fuel. In particular, the Council will:

(a) Recommend procedural mechanisms for reviewing specific nuclear waste management plans and programs, including the consultation and concurrence process designed to achieve Feceral, State, and local agreement wnich acconmodates the interests of all the parties.

(b) Work on cevelopment of detailed nuclear waste managernent plans and provide reconinendations to ensure that they adeouately address the neecs of affected States and local a reas.

(c) Advise en all aspects of siting and licensing of facilities for storage and disposal of nuclear wastes.

(d) Advise en proposed Federal regulations, standarcs, and criteria related to nuclear wasta management programs.

(e) !centify and maka rec:mmendations on other matters related to tne transportation, storage, and disposal of nuclear wastes tnat the Council believes are impor, tant.

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B o The principle of consultaticn and ca.ncurrence will apoly in the siting of nign level waste reposttories. Nor the framework of consultation and concurrence, a host State will have a continuing role with regard to tne Federal government's actions .

on the siting, design and construction of a high level waste

, repository.

, 2. Interim Planning $trategy for High Level and Transuranic Waste Disposal i l l

Pending reviews recuired by the National Environmental Policy Act and in d order to provide interim guidance to the radioactive waste management '

prograc for its near-term actions and following the consideration of I alternative technical approaches, the President has adopted a congrehensive t

interim planning strategy. The main components of the strategy are:

l o Mined geologic repositories will be the primary focus of work. C i for safe disposal of high level radioactive waste, including unreprocessed cormnercial spent fuel.  !.

l o The repository program will proceed in a technically conservative

• step by step manner, from the needed technical evaluations, )

througn site selection . independent licensing review and  ! '

ultimately to opening and operating a r5pository. [1 ,

o (mediate attention will focus on (1) researen and development, '

both in laboratorics and at sites where underground workings =

can be used to study rock and waste form properties and interactions, and (2) locating and characterizing potential repository sites in different geologic environments and relying on diverse rock ,

types. .

o Once four or five sites in a variety of geologic environmencs have been evaluated and found potentially suitable for a

• recository, one or more will be selected for further intensive study or characterization and development as a licensed repository.  ;

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o Ultimately, several high level waste repositories will be opened, sited regionally insofar as technical considerations

. related to public health and safety permit.  ;

Prior to oroceeding with the first full-scale repository, an intermediate '

step might be taken by oisposal of a relatively sasall cuantity of hign  ; <

' level waste in a licensed geologic test facility in order to gain experience acclicable to subsequent actions with respect to full-scale repositories. . [,

.1 Such a facility is not an essential component of a program leading to a f full-scale, hign level waste repository. It would provide an option, J. i however, to test tecnnical readiness and to exercise elements of the ,

licensing process after an adequate site characterization program has been ecmpleted.

Following ccmpletion of environmental reviews required by the National invironmental Policy Act, the President will reexamine this interim fI strategy and decide wnether any changes need to be made. ,

Following this strategy, the cnotce of site for the first full-scale repository should be made about 1985 and coerations snould begin by the mid-1990's. These dates reflect current estima:,es of the mintmum time recutred to do the wort necessary, incluoing time for licensing and to permit full State and local government and puolic participation in .'

decisionmaxing, ,1

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s The President's interim waste disposal strategy offers three important advantages:

(1) it provides maximum redundancy and conservatism so that no single or small numoer of setbacks would undermine the entire ~

program, or even cause great delayt (2) sites can be selected by comparing several locations among themselves thus providing greater confidence that the wastes will be disposed of safely; (3) time will be available to put in place a geoli scientific

• program, to build procedures for licensing, public review and interaction, and to establish decisiosanaking processes with State and local governments.

The Cecartment of Energy is taking the following actions to taplement i this strategy:

o Regional, area and site investigations are being ,:lanned on a national tasis to identify suitable hign level waste repository sites. A variety of geologic environments and potential host rock types are being examined and this prcgram will be expanded j i

to ensure that the necessary sites will be available frces which to select the first repository site, o Research and development in laboratories and at test sites has been increased. Greater attention is now being given to 4 l variety of possible waste fanns, including spent fuel, to I waste packaging and to waste-rock interactions under repository '

conditions. I o Three test facilities are planned: a granite facility in Nevada, a basalt facility in Washington State. and a salt )

facility at a site yet to be chosen. i l

l I The President has decided that the Waste Isolation Pilot Pi:nt (WIP9) project as currently authorized will be cancelled. This project, for wnich construction has not yet comenced, is currently authorized for the unlicensed disposal of transuranic waste from cur National defense program and for R&D using hign level defense waste. Reasons for the cancellation are:

o Proceeding now on the basis of a single site is inconsistant with tne strategy to ecmpare sites with differing geologic cnaracteristes prior to selection, o An u.1 licensed facility is contrary to the President's policy, o A f acility for transuranic waste alone would provide no useful experience relevant either to licensing or to disposal of high level waste.

o It would also be an ineffletent use of funds.

I The site near Carlsbad, New Mexico whien was being considered for this project will continue to be evaluated and, if qualified, will be reserved, along with nner sites, for oossible future use as a licensed repository for nign level wastes. The OCE's eY1981 budget contains funds in the commercial nuclear waste program for protection of tne Carlsbad site and continued cnaracteri:ation activities to cetermine suitaoility as a hign level waste recository. j i

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Althougn mined geologic repositories will te tne focal point of the ccmorenensive national radioactive waste manaqument program the CGE will continue to supoort a limitad program directed tcward other disposal

, a l te rna tives. These include disposition of hign level wastes in 'cery caec borenoles and emplacement in ocean sediments in regions where the

• ocean floor is known to be geologically stable. These alternatives are ,

considered s trategy.

to be longer range options to tne mined geologic repository i 8

3. Interim Storage of Defense and Ccenercial High Level Wastas.

The following actions are being taken to ensure safe and adequate c.are of defense and comercial nuclear waste in the interim period before a {

disposal facility is available: ,

o Adequate technical and financial resources will be made available i

to maintain defense wastes safely, o Research and development at various defense facilities wil" proceed leading to plans for processing, packaging, and ulgimate transfer to pemanent repositories of transuranic and higt, j level wastes from defense programs. ,

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o Although spent fuel storage ca;acity is not an alternrcive to i

'1 a permanent disposal capability, adequate storage must be provided until repositories are available, p imary responsibility for safe storage of comercial spent fuel lies with the utility industry. However, a limited amount of government storage capacity for correercial scent fuel would be desirable to provide flexibility to the national waste disposal program and an alternative for those utilities unable to expand their ,

I storage capabilities. The president continucs to seek early  !

enactment of legislation that would authorize the Department.

of Energy to: (1) design, accuire or construct, and coerate

- one or more away.frem. reactor storage facilities, and (2) accept for storage, until permanent disposal facilities are 3 available, demestic spent fuel, and a limited amount of foreign scent fuel in cases wnen such action would further the cojectives of our nenproliferation policy. Cost of constructing and operating away-from reactor storage facilities will oe borne by the users.

The Administration will continue to pursue both international and regional cooperative efforts to study nuclear fuel managerment options consistant '

with our nuclear nonproliferation policy.

4 Low Level Waste.

Three cocuercial burial grounds -- South Carolina. Washington State and Nevada -- are currently availaole to receive low level wastes originating in non governmental inoustrial, medical and commercial activities.

Tnese have been operating intemittently because of inadequacies in waste packaging and shipment. pressures have been mounting to find additional disocsal sitar to orovide needed capacity for an ever increatinar inventory of commercial low level wastes.

The Geoart.ent of Energy will work with the States to assist in thete activities to estaolisn regional disposal sites for low level wastes fecm the Nation's hospitals, resesren institutions , incustry, and utilities. Until sucn eine as additional discosal facilities can ce siteo and licensed. OCE and NRC will assist States in setting 90 interim  !

j storage facilities witnin tne States. The State Planning Council will i give low level waste management early, priority attention. '

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Otner actions being taken in the area of low level westat include: l o 00E will review by 1981 alternative low level waste disposal techniques and determine whether any changes should be adopted in the future, o DCE will accelerate R&D on improved methods of disposing of

, low level wastes, o 00E will centinue the existing land burial technology program

presently designed to upgrade all 00E low level waste disposal operations' by 1988.

o 00E will take action to ensure tnat adequate attention is given to the hydrologic characteristics of proposed locations for the future siting of low level waste disposal facilities.

5. Uranium Hill Tailings.

Past control of mill sitas has been poor, with little or no attention to the proolem c/ proper disposal of'tallings upon completion of milling operations. The Uranium Mill f ailings Radiation Control Act of 1978 was passed to change this situation. EPA is directed to issue standards and criteria for disposal of mill tailings. NRC has licensing authority l over active sites, and 00E is authorized to take remedial action at inactive sites.

The NRC and EPA are now developing standards, cMteMa. and regulations {

defining acceptable levels of radon emissions *,iting, impacts on groundwater. #

The final Generic Enviromental Impact Statement. (NtJREG 0511. Draf t issued a/79) on uranium cilling by NRC is nearing conpletion.

00E, in cooperation with State governments, is now taking remedial action on abandoned catlings piles. 00E will centinue to cevelop improved means of disposing of or stabilizing mill tallings over the long term.

6. Cecontamination and Decermiissioning.

As a general rule, unrestricted use of land will be the ultimate objective of D&D and institutional controls should not be relied, uoan af ter scme period of time to provice long-term crotection of peccle and the environment, t However, because certain existing sites and/or facilf ttes cannot be decontaminated at a reascnable cost, or pernaps at any r. cst. long-term (

instituticnal control ma/ be required in these exceptional cases. These will require developmenc of sita-specific programs by NRC and 00E.

• The following actions will .e taken:

o 00E will precare a nationwide plan for the decontamination and decormissioning of surplus facilities owned by 00E and other government agencies.

o 00E will work on designs for the construction of new facilities which will facilitate their eventual decommissioning.

c For new Federal facilities, decontamination and d.ecocaissioning specifications will be included in the initial design, and institutional arrangements will be mace to ensure sufficient funding. *he 'anding for 010 of goverment-owned f acilities and sites will se througn Feceral accropriations. Resoonsibility i

and method! fcr financing C&O of licensed faci'.ities will be cetermined by tne regulatory process. i l l i

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, 7. Transporta tion.

Safe and reliable transportation of nuclear wastas is an essential comoonent of the total waste management systes. Wnile ccmslete assurance that release of radioactive material will not occur curing' normal operation or in serious accidents is impossible, it has been demonstrated that it is unlikely that a significant release can occur under most credible

, accident environments.

To improve the existing transportation system and enhance public confidence in it, the following actions are being takan:

o COE is pursuing a progra:n for testing and evaluating the performance of current and future generation wasta packaging sys tems, o The Department of Transportation is being directed to increase i its management attention to nuclear wasta clatters and 'is completing its rulemaking on the role of Federal and local government bodies in routing of nuclear wasta transportation along hignways. '

o 00T and NRC are working closely with the States to strengthen the ' nation's overall capability to respond to any transportation eme gencies involving shipment of radioactive wastes.

o 00T will develop a data bank on shipment statistics and accident experience to be operational by 1982.

8. Financing.

The principle that will be applied to financing the cost of nuclear watte management and disposal is that the cost should be payed by the generator of the waste and borne by the benef fetary of the activity generating the waste. Utilities will pay the cosc of storage and disposal of waste from power plant operations and pass these costs on to their cus tomers. The government will pay tne cost of storage ano disposal of a wastes frem defense and government R&O activities and finatsce it from tax revenues.

9. Regulatory Actions.

The Federal programs for regulating radioactive wast: ster age, trans.

portation, and disposal are a crucial ccmponent of' our ef" orts to ensure the health and safety. The following improvements are neerJed in the

• regulation of radioactive waste disposal:

o The current autnerity of tne fluclear Regulatory Conmission to license the disposal of high level was.e and low level waste in connercial facilities should be extended to also include the storage of spent fuel, as well as cisposal of transuranic waste and non. defense low level wasta in any new governnent facilities that mignt be built.

o The Environmental P-otection Agency is responsible for creating general criteria and numerical standares applicable to nuclear waste m'anagement activitic:. The Antident has directed EPA to accelerate its senedule for the presarstion of these criteria and stancarcs and to repare a ;osition paper that will indicate

!?A's aporoacn to setting standards and accress the relationship

[ oetween EPA's stancares and actions tasen ey LRC and 00E.

o  !?A and NRC vill c:molete a Me9eranous ed Understanding dealing with c:ordinating metnodologies and prccecurts.

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a The Cepartment of Transportation is responsible for regulating the transport of radioactive wastes, in part snering inat responsibility with NRC. The cooroination between the two a

agencies is provided by an existing Memorancum of Understanding

( between them. 00T is c:moleting its rulemaking on the role of Federal and local government bodies in routing of nuclear

, waste transportation along highways.

' o The Nuclear Regulatory Ccmmission is now commencing a formai proceeding to determine whether or not it has confidence that radioactive wastes produced by nuclear power reactors can and will be disposed of safely. The president has urged the f!RC to conduct this proceeding in a timely and thorough manner and to provide full opportunity for public, technical and governmeret agency participation.

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10. Legislation.

Legislation addressing the following areas will be submitted to Congress to implement the President's program. '

o State plannino Council. To provide a permanent basis for the State Planning f.ouncil, which has been created by Executive 1 i

Order. I o Licensino Extension. To implement the extension of NRC licensirag autnority to all new transuranic and new non-defense low level waste disposal facilities and any other facilities decided uoon following the review of NRC's licensing study (NUREG 0527, September 1979).

o Low level Waste. To assist the States in managing commercial low-) eve) was te. The legislation will include authority for the States to enter into regional organitations or compacts for operation of the sites, 6 o Oecomissioned Facilities sereillance. To establish institutioreal responsioitities for long-ter:n surveillance of formerly utilized Federal facilities which nave been decommissioned and sold or otherwise released to unrestricted use.

The President will continue to press for authority to construct one or ,i more fuel. away from-reactor interim storage facilities for commercial spent !l This bill is already under consideration by the Congress. This

• legislation, or additional legislation, will imolement the principle i

that costs of nuclear wastes disposal will be paid by the generator and borne Dy the beneficiary of the activity generating the waste.  !

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11. Implementation and Managernent Structure.

Many Federal departments and agencies are necessarily involved in one or $

5 mort ascects of nuclear waste management. In addition, the President's '

policy calls for full involvement of State, regional and local governments

, and organizations in program planning and execution. The President has designated the Secretary of Energy to be rescensible for overall program

, integration and to establish necessary coordination mecnanisms. The Secretary of Energy will assume the lead role for: (1) cooroinatin Federal nonregulatory ascacts of radioactive waste management; (2) g all worting out effective relationsnios with regulatory bodies such as the invircnmen:al pactaction Agency and tne Nuclear Regulatory Ccmission; i and (3) develcoing strong and effective ties cetween the Federal Government anc tne States on all aspects of radioactive waste storage and disposal. l a

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Within the Deparwent of Energy, day-to day activities are under the otrection of an Assistant Secretary for Nuclear Energy (ASNE) wno reports' .

to the Under Secretary and the Secretary. Under the AStiE tne Office of Nuclear Waste Management (ONWM) is responsible for executing policy and l

,l managing all aspects of the nuclear waste management program.

Regulatory responsibilities are by law assigned to the Envirorvaental Protection Agency, the Nuclear Aegulatory Cannissicn and the Cesartment of Transportation. The Depart =ent of Interior has authority over Federal ,

lands that might be used for weste storage or disposal and has extensive

• l geoscience expertise in the U.S. Geological Survey. An Interagency j Working Comittee has been estaolished by the Department of Energy to cooroinate and integrate associated activities of 00E, 001, EPA, itRC, 007, and State. The President nas also instructed COE and EX)! to prepare a Memorandum of Understanding between them delineating areas of cooperation j and mutual responsibility and creating procedures to ensure they work '

jointly and reinforce each other's activities.

I The primary planning mechanism will be a comprehensive National Plan for Nuclear Waste Management. The President has directed that this be produced by 1981 and te updated biannually thereaf ter. It is to be submitted for public review in draf t and in revised form to the public and the Congress. The plan will include:

o sumaries of the status of knowledge relevant to disposal of l l

high level, transuranic, and low level radioactive wastes and uranium mill tailings; o

multi-year program plans for (1) interim management of high level radioactive waste and spent fuel; (2) site qualification for geologic repositories, and (3) R&D in the earth sciences '

and waste form and containers for high level and transuranic waste disposal; o plans for low level wastes; o a plan for decentamination and decommissioning of surplus e

government facilities; o

a plan for remedial action at inactive mill tailings sites; o

an integrated NEPA plan, cc,ering the *IE7A activities of all ;i relevant agencies; >

o upcated cost estimates for all proposed activities; '

a proposals to imoreve intergovernmental decisionmaking and resolution of environmental, econcmic and social issues associated with radioactive waste storage, transportation, and disposal; o

scecific program goals and milestones for developing necessary regulations.

The President has issued detailed instructiens to all Federal agencias

. to ensure that his program will be implemented.

12. Public Participation.

It is essential tnat all ascects of tne wasta tanagement orogram be concucted uitn tne full cisclesure to and particicatien by tne cuolic ano tne tecnnical c:nnunt ty. Tne 3resicent nas directed the decarments l  !

- and agencies to develco and imoreve meenanisms to ensure sucn Darticipation and Ouolic involvement consistant witn any netd to pretect national security information anc to comely fully witn the National Environmental Policy Act. This incluces crevicing tecnnical and financial assistance

• to :e mit informed d

Outlic input to Oregrams and decisiens and to suoport l ncngovernment e f:rts to increase sccial and eachnical uncerstanding and '

' agreement on nuclear =asta issues. Formal meenanisms for receiving :ne best scientific and tecnnical acvice available and regular inout from

ne interested puolic will also ce strengtnened.

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13. Intsrnational C: operation.

Because nuclear waste management is a problem str.ared by ma :y other countries and because se'ection of este management alternatives has

.) nuclear proliferation imolications, the presiderst will continue to encourage and suppcet cooperative bilateral and :aultilateral efforts wnien advance botn our tecnnical capabilities anut our understart31ng of

. spent fuel and waste management and whicn are costsistent with U.S.

nonproliferation policy.

14 Funding Current funding Ievels (5 millions) for the respective agencies and programs are as follows:

1979 1980 1981 l 13A B0 Ha' 80 BA 50 Deoartment of Energy Defense Nuclear Wasta -

050 1 1 2 2 6 6 Interim Waste Management 147 187 163 213 219 222 l Long-Term Waste Mgmt. 69 57 83 79 116 128 TerminalStoragel/ 36 49 23 25 0 11 Transportation 3 2 5 4 7 7 Program Direction 1 1 2 2 2 2 Subtotal W " TIT ~2Ki ~IflI ~ 7!II T Comercial Nuclear Waste Comercial Waste Management 129 159 184 187 2 44 240 8emedial Actions 22 20 25 29 53 54 Program Of rection 1 1 1 1 2 2 Subtotal T ~[TJ "Zry yg7 yggy 2To' i Spent Fuel Comestic 7 3 14 17 16 17 Inte rnational 3 2 3 1 4 4 orogram Direction i 1 1  : 1 1 Subtotal 11 6 7 4;L 21 7

. To tal 480 483 521 564 570 694 Other Federal Nuclear Waste programs fluclear Regulatory Cemission 20 13 26 23 38 34 Cest, of inergy (Environ.)I/ 3 3 3 3 4 4 Dept. of Interior 6 6 6 6 6 6 Oept. of Transportation 2/ 1 1 1 1 1 1 Subtotal "'TJ '~17 7 ~~37 49 ~~T!I GPAND TOTAL 510 511 557 597 719 739

-U Includes all expenditures related to the Wasa Isolation Pfict Plant (WIpp) prooosal.

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[/ This supports the remedial actions work condiacted in ene OCE Ccnnercial fluclear Waste program.

I 1/ The funcing level for all years is under 11 arillien.

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!' s A00!TIONAL BACKGROUND (MFORNATION 1

1. The Interagency Review Group Process.

As part of his initial National Energy Plan, the President ordered a review of the DOE nuclear waste management program. A Department of Energy task force carried out the review and puolished a " Draft Report of Task Force for Review of Nuclear Weste Management February 1978."

With that report as a starting point, the President established the

• Interagency Review Group cn Radioactive Waste Management (IRG) on March 13,1978, to formulate recemendattor.s leading to the establishment of a National policy for managing the Nation's nuclear waste with support programs.

Th- as chaired b/ the Secretary of Energy and composed of representatives f r* 1epartaents of State, Interior, Transportation and Ccs:anerce, g

Na . -onautics and Space Administration, Anr.s Control and Disarmament Ao* ' enmental Protection Agency. Office of Nanagement and Budget.

Co. iironmental Ovality, Office of Science and "echnology Pol' . -

nestic Policy Staff, and National Security Council. The Nuclea tory Comission was represented by a nonvoting member.

The 6AG :ed to obtain a broad range of views frtzn Congress State l and la, ' ents, Indian Nations, industry, the scientific and techni *w, L Jblic interest and envircrmental groups and the publ* hed for public review and comrnent a draf t report of tnei tecer 1978 and over 15,000 copies were distributed.

Se- ' representing v'arious special interests) and three r

15 were conducted to elicit public c:nnents. Over 3.x its were received from State gcVernments, industry, acacea groups, and the general public. These c:rnments were r iarized in the final IRG report which was revised based ( .... The final report was issued in March 1979 and fenned t2 ar the rec:mmencations made to the presidtn ultimately ., .e basis of the President's policy statement.j and

2. Cefinition of Types of Wastes.

Nuclear wastes are pr0duced in many different forms by a variety of activities including research investigations, medical diagnostics and treatment, mining and processing of uranium cre, defense-related nuclear .

activities and operation of commercial nuclear power plants. These wastes exist as gases, liquids and solids. The potenti&1 nazard of -

these wastes results fecm the f act that exposure to and/or uptake of the material can cause biological damage.

The major types of nuclear wastes are:

1 o

Hien Level Wastes - These wastes are either fuel assemblies l cnat are oiscarted af ter having served their useful life in a nuclear reactor (spent fuel) or the portien of the wastes generated in the reprecessing that contain virtually all of the fission procucts and most of the actinides not separated

' out during reprecessing. These wastes are being consicered for dispasal in geologic repositories er by other technical l optiens designed to provide Icng-tenn isolation of the wastes from the biosphere.

! The final reocrt "Recort to the President by the Intersgency Review Grou: on Nuclear Waste Management", March 1979 (TIO-29u2), and the tecnnical recort "Suogroup Report on Alternative Tecnnolcqy Strategies for the Isolation of Nuclear Waste". Oct:cer 1979 (TID 2E818) are .

- availaole fr m tne National Tecnnical Infonra. tion Service, U.S. .

Cesartment of C:merce.

2 It is unclear wnether the United States will recrecess c:mercial s:ent fuel. Hign level wasta ciscosal facilities are tnerefore being designed to ac:ept :etn spent fuel and waste frem reprocessing.

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13 8) o Transuranic Vastes - These wastes arie or cuced orfmarily frcm tne reprocesstag of cafense spent' reactor fuels. the fabricatica of plutonium to produce nuclear weapons and. if it should

, occur plutonium fuel fabrication for use in nuclear cower reac.ars. Transuranic wastes contain low levels of radioactivity but varying amounts of long-lived elements above uranium in

'. the Periodic Table of Elements, mainly plutonium. This waste

- is currently defined as material containing more than 10 nano Curies of transu'ranic activity per gram of material.

o Low Level Wastes - These wastes contain less than ten nano Curtes of transuranic contaminants per gram of material, or they may be free of transuranic contaminants. Althou wastes recuire little or no shielding. they have low,ghbut these ,

potentially hazardous, concentration of quantities of radionuclides and do recuire management. Lcw level wastes are generated in i almost all activities involving radioactive materials and are presently being disposed of by shallow land burial.

o Uranium Mine and Mill Tailines - These wastes are the residues f rom uranium mining ano milling operations. They are hazardous '

because they contain low concentrations of radioactive materials whf en, although naturally occurring, contain long-lived radio- ,

nuclides. The tallings, with a consistency similar to sand.,

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are generated in large volumes--about 10 to 15 million tens I annually--and are presently stored in waste piles at the site j of mining and milling operations. A program is undermay to either imobilize or bury these wastes to prevent them from l t

being dispersed by wind or water erosion.  !

o Cecentamination and Cecemissionino Wastes - As defense and civilian reactors ano otner nuclear fac111 ties reach the end of their proouctive lifetimes. parts of them will have to be handled as eitner high or low level wastes, and disposed of accordingly. Decontamination and decommissioning activities will generate significant quantities of wastes in the future.

i o Gaseous Effluents These wastes are produced in many defense ano commercial nuclear activities, such as reactors, fuel f abrication f acilities, uranium enrichment plans and weaoons 1 t

manu fac tu rina facilities. They are released into the biosphere I in a control $ed manner, af ter passing througn successive stages of filtration, and mixed with the atmospnere where they are diluted and disperseo. '

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3. U.S. Nuclear Waste Inventory and Forecast.

Current (Aeril 1979)_ Annual Addition Yeaa 2000 i 00E Cornnere t a l _ 00ii ccmana rci a l 00E Conmercial l Discesed of

' (By volume--thousand cubic meters):

Low Level Waste 1,470 515M 53 100 2500-68002300-1800M Transuranic Waste 256 y 0 0 uncertain y i Stored l

(By volume--thousand cucic metars):

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Hign Level Waste 1 (Includingspent I fuel) 233 4.3 3 .6 320 40 i Transuranic Waste .3 3 55 0 6 250-3350./ 6 l Uranium Mill l Tailings: l Inactig sites (25)- 25 0 0 0 25 6 Active sites 0 125 0 15 0 425 Stored (By radioactivity level--curies)

High Level Waste l (Including spent 5/ g 9 7 g6 9 fuel) 10 4x10 -5x10 ] 10 '10

" Transuranic Waste Lew N/A Low 5/ N/A low ft/A Uranium fiill

' Tailings:

Inactive sites 15.000 0 0 0 15,000 0 I Active sites 0 " !6,000 0 6.300 0 191.000 y As of 1/1/78.

y Volume not available. Contains '125 kg TRU ma%f-f al at commercial disposal sites.

y Range results fr m possible o;tions on D&D of surplus facilities with waste Quantity dependent upon mode d D&D for each facility.

4j Millions of Tons-Stacilization sregrams for inactive sites required by Uranium Mill Tailings Act of 1978.

i/ E;uilibr of '2x10}um

, Ct. exists. Annual additions equivalent to annual decay rate

-6/ Primarily spent fuel. Activity varies with age of material. Ass umes average age of 10 years for acc Activity 310 years = 1.05 x 10{tions anc cumulative inventory.

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• 4 Sumary of Tecnnical Findings of the IRG.

I o Present scientific and technological knowleoge is adecutte to s identify potential repository sites for fur *.her investigation. l No scientific or technical reason is known that would prevent l identifying a site that is suitable for a repository provided I that the systems view is utilized rigorously to evaluate the

' suitability of sites and designs, and in minimizing the influence of future human activities.

o A systems approach should be used to select the geologic environment, repository site, and wasta fom. A systems approach recognizes that, over thousands of years, the fate of radionuclides in a repository will be detamined by the natural geologic environment, by the pnysical and chemical properties of the medium enosen for waste emplacement, by the toaste form itself and other engineered barriers. -

o The feasibility of safely disposing of high level waste in mined repositories can only be assessed on the basis of specific investigations at and ceterminations of suitability of particular sites. l o Some uncertainty abcut repository performance will always 1 exist. Thus, in addition to tecnnical evaluation, a societal '

judgment that considers the level of risk and the associated uncertainty will be necessary.

o Detailed studies of specific, potential repository sites in different geologic environments should begin imediately.

Generic studies of geologic media or risk assessment analyses of hypothe'1 cal sites, wnile useful for site selection, are not sufficient for some aspects of repository design or for site suitability detemination. Althougn most is known about

. the engineering aspects of a repository in salt, on purely  !

tecnnical grounds no particular geologic environment is an '

cevious preferred choice at this time.

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The actinida activity in transuranic wastes arnd high level wastes suggest tnat both waste types present techlens of comparable magnitude for the very long term ('.i.e., greater than a thousand years).

o The degree of long-tem isolation provided by a repository, viewed as a system, and the effects of changes in repository design, geology, climate, and human activities on the puolic health and safety can only be astessed tnrougn analytical modeling, o Because it is not possible to predict or to restrict the activities of future generations, site selection guidelines, site suitability criteria, and repository design criteria must be developed in such a way as to minimize pote:ntial deleterious effects of human activities.

o Reprocessing is not etsufied to ensure safe disposal in approcriately enosen geologic environments. Repositories can be designed to receive eitner solidifiec reprocessed easte or discarded spent fuel.

Attaenment: Executive Orcer MORE s

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EXECUTIVE CROER THE STATE PLANNING COUNCIL CH RADICACTIVE WASTE F.A.M ENT t

' By the authcrity vested in ce as President by the Constitu- 1

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tion and laws of the United States of Arnerica, and in order s to create, in accordance with the provisions of the Federal Advisory Coe.ittee Act, as amended (5 U.S.C. App. I), an 1 1

1 advisory com..tittee on radioactive waste management, le is

, hereby ordered as follows:

1-1. Establishment.

1-101. There is establish'e d the State Planning Council on Radioactive Maste !!anagemone..

1-102. The Council shall be composed of eighteen members as follows:

1 (a) Fourteen members designated by the President as fo11cws:

6 (1) Eight Governors of the various states. l

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Five State and local elected government officials other than governors.

(3) One tribal government rep re s enta tive .

(b) The heads of the 'ollowing Executive agencies (1) Oopartment of the Interior.  !

(2) Ospartment of Transportation. '

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i (3) Department of nergy, l (4) E:Wir:n= ental Protection Agen=y.

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r (c) The Chair: nan of the Nuclear Regulatory Cc=ctission is I 4

invited to participate in the activities of the Council representatives of othe: departments and of United Statas i t territories and the Trust Territory of the Pacific Islands j t

are invited to take part in the activities of the Council

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when matters af f ecting them are considered. 1 e

'.' i 1-103. The President shall designate a Chairman from among ,

i the members of the Council. '

l-2. runctiens. -  !

l 1-2D1. il The Council shall provide advice and recomraendations

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to the President and the Secretary of Energy on nuclear l

waste :.anagement (including interim management of spent l l

fuel). In particular, the Council shall: 1 ri (a) Recommend procedural mechanis. s for reviewing nuclear  !

1 waste management plans and programs in such a way to ensure timely and ef fective State and local involvement. Such ,

mechanisms should include a consultation and cencurrence process designed to achieve Tederal, State, and local agreement ,

which accommodates the interests of all the parties. (

(b) i.

Revieu the develcpment of cceprehensive nuclear waste l

management plans including planning activities for trans-dI portation, storage, and disposal of all categories of nuclear  :

i waste. P cvide sccmmendatiens to ensure that these plans adequately address the needs of the State and local areas af f ec tet..

(c) ,%dvise en all aspects of siting facilities fer storage and disposal cf nuelsa ' tastes, including the review of l

Is reccemended criteria fer site selection and site suitability,  ;

guidelines fer regicnal siting, and procedures for site I characterization and selectien.

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1 (d) Advise on an appropriate role for State- and local

, governments in the licensing process for nuclear waste I repositories.

• l (e) Advise on proposed Tederal regulations, standards, and criteria related te nuclear waste management programs.

(f) Identify and make recommendations on other matters related to the transportation, storage, and disposal of s

nuclear waste that the Council believes are important. l 1-202. Within one year af ter the Council's first organiza-tional meeting, but in any event not later than seventeen months af ter the issuance of this ceder, the Council shall prepare and submit to the President a public report on its functions set forth in Section 1-201.

1-3. Administrative Provisions. '

l-301. Subecmmittees of the Council =a/ be established in 8

accc: dance with the p;cvisions of the rederal. Advisory Ce mittee Act, as amended.

1-302. The members of the Council, inclu: ding the ::aer.bers of 1 l

l its subec=mittees, who are not othe: wise paid' a salary by the Federal Govern =ent, shall receive no -compensation f:cm the United States by virtue of their serv.ics on the Council,  !

but all members may receive the transport:stiott and travel er.penses, including per diem in lieu of subsistence, authorized by law (5 U.S.C. 5701 and 5703) .

1-303. To the extent permitted by law, arid su.bdect to the availability of funds, tne secre ar/ cf r.nergy shall provide i

the Council, including any subcc==ittees, with necessary facilities, support, and services, inclMLing staf f and an executive director.

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1-401. Notwithstanding the provisions of any other F.xecutive order, the functions of the President under the rederal Advisory Committee Act, as amended (5 U. S.C. App. I) , except that of reporting annually to the Congress, that are appli-cable to the Council, shall be perfor:ned by the Secretary et Energy in accordance with guidelines and procedures ,estab-i lished by the Administrator of General Services.

1-402. The Council shall terminate thirty days af ter it transmies its final report to the President, but in no event shall it terminate later than eighteen months 'atter the ef f ective date of this Order.

3 THE WHITE HOUSE

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