ML20154N027
| ML20154N027 | |
| Person / Time | |
|---|---|
| Issue date: | 08/29/1980 |
| From: | Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Ahearne J, Bradford P, Gilinsky V, Hendrie J NRC COMMISSION (OCM) |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9810210125 | |
| Download: ML20154N027 (100) | |
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UNITED STATES,
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p, NUCLEAR REGULATORY COMMISSl6 5
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Commissioner Gilinsky
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MEMORANDUM FOR:
Chairman Ahearne Commissioner Hendrie f
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Commissioner Bradford Nd FROM:
CarltonKammerer,Direck
' Office of Congressional Affairs
SUBJECT:
UPDATE ON NUCLEAR WASTE LEGISLATION (d3 You will find attached copies of Report No. 96-1156 (Part II) to accompany H.R. 7418 " Nuclear Waste Disposal Act." This report i
originated in the House Committee on Interior ard Insular Affairs.
The Interior Committee rejected the original ver sion of H.R. 7418,
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as reported by the House Committee on Science ar d Technology in Palt I of Report No. 96-1156, and accepted a substitt te provision offered by Congressman Udall (D-ARIZ).
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Enclosure:
As stated
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Sheldon Trubatch, OGC
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Lee V
John Davis, NMSS Guy Cunningham, ELD ED0 OPE
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3 96tn CoNCRESS HOUSE OF REPRESENTATIVES C " p" Rr.Pr.96-
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NUCLEAR WASTE DISPOSAL ACI'
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g Aucust 27,1980.--Ordered to be printed
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Mr. UDAu, from the Committee on Interior and Insular Affairs, N
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submitted the following
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REPORT
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[To accompany H.R. 7418]
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[ Including cost estimate of the Congressional Budget Office)
The Committee on Interior and Insular Affairs, to whom was re-
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.,;;f ferred the bill (H.R. 7418 to establish a research, development, and demonstration program )for the disposal of radioactive wastes,
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--":;5 having considered the same, report favorably thereon with amend-ments and recommend that the bill as amended do pass.
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The amendments are as follows:
Strike out all after the enacting clause and insert in lieu thereof
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the following:
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=4 Section 1. This Act may be cited as the " Nuclear Waste Disposal Act".
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[sb; FINDINGS AND PURPOSr.s
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- Sec. 2. (a) FINDINos.-The Congress finds that-4 (1) Federal efforts made during the past 30 years to devise a permanent solu.
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tion to the problems of nuclear waste disposal have not been adequate.
(2) The accumulation of nuclear waste from military activities commercial re actors, and activ.
a related to medical research, diagnosis, and treatment, as.
well as nuclear waste from other sources, has created a national problem which
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States.
(3) The construction and operation of repositories for the disposal of high-level
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waste and spent fuel is a Federal responsibility and is in the national interest.
(4) The disposal of nuclear waste is a potentially hazardous operation which
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should be subject to appropriate oversight by affected State and local govein.
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ments.
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(5) Public participation in planning and development of re itories for the disposal of nuclear waste is essential in order to promote con nee among the
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ance with this Act would provide reasonable assurance that methods of safe permanent disposal of high-level waste can be available when such methods are needed.
- 17) By order issued December 23, 1977, the Nuclear Regulatory Commission terminated the proceedings related to the Generic Environmental Statement on Mixed Oxide Fuel (GESMO) in response to concerns that the continuation of
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i such proceedings would negatively affect the nonproliferation initiatives of the Federal Government. As a consequence, the option to reprocess spent nuclear r
fuel is presently foreclosed to the nuclear industry. In recognition of the need to p_
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move forward with a waste management plan,it is necessary at this time to do preliminary planning on the basis of geologic disposal of spent fuel. The Con-nnn
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wrr gress recognizes, however, that this policy with regard to reprocessing may
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change, and the Congress hereby encourages the Secrcary to take this possibil.
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ity into account in subsequent planning with regard to the disposal of nuclear wastes.
(b) Puaeoss.-It is the purpose of this Act to--
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r (1) set forth the responsibilities of the Seen tary of Energy, the Nuclear Regu.
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A latory Commission, the Congress, and the President with respect to the develop-ment and construction of licensed repositories for the permanent disposal of nu-clear high-level waste and spent fuel, including the dates by which certain ac-a ---
tivities must be carried out; and 4
(2) provide for State participation in decisionmaking on waste repository site development and for Federal assistance for States impacted by repository con-
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struction or operation.
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Szc. 3. For purposes of this Act:
(1) The term " disposal" means the emplacement of radioactive waste with no
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foreseeable intent of recovery, whether or not such emplacement permits the
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recovery of such materials.
(2) The term "high-level waste" means (A) liquid viastes resulting from the
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operation of the first cycle solvent extraction system, or equivalent, and the
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concentrated wastes from subsequent extraction cycles, or equivalent, in a fa-y cility for reprocessing irradiated reactor fuel, and (B) solids into which such
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liquid wastes have been converted.
(3) The term " Indian tribe" means any Indian tribe, band nation, or other
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organized group or community of Indians recognized as eligible for the services
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Alaska Native Claims Settlement Act (85 Stat. 688).
(4) The term "Indiaa reservation" means-(A) the Indian reservations and dependent Indian communities referred O
to in clauses (a) and (b) of section 1151 of title 18, United States Code; and (B) lands selected by Alaska Native villages or regional corporations
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under the provisions of the Alaska Native Claims Settlement Act.
(5) The term " Secretary" means the Secretary of Energy.
(6) The term " site characterization" means the program of exploration and research, both in the laboratory and in the field, undertaken to establish the geologic conditions and the ranges of those parameters of a particular site rele-
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the suitability of the site for a geologic repository, but does not include prelimi-
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nary borings and geophysical testing needed to decide whether site character.
ization should be undertaken.
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- -.. +Esa (7) The term " spent fuel" means that fuel that has been withdrawn from a nuclear reactor following irradiation and the constituent elements of which have not been separated by reprocessing.
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(8) The term " State" means any State of the United States, the District of g
Columbia, the Commonwealth of Puerto Rico, the Virgin blands, Guam, the
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.._....._...=r.=W Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any
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other territory or possession of the United States.
(9) The term ' State Review Board" means any Nuclear Waste Repository
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Impact Review Board that meets the requirements under section Gal.
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Sec. 4. (a) Set.tcTroN or Rzeostrony Srres.-(1) The Secretary shall carry out a WiE:~
program to construct and operate licensed repositories for the permanent disposal of
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high. level waste and spent fuel. Under the program, the Secretary shall identify
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~r and recommend to the Congress at least four potential repository sites which the OE J Secretary considers suitable for development as licensed repositories. Such sites 1.E
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media. Recommendations for the four sites shall be submitted to Ine Ungress by
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Ai:_==r-23.=={Ei aisting of the following geologic media: basalt, tuff, granite, bedded salt, domed salt, h '
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(2) Sites w ic shall be examined under this subsection shall include those con-O. ~. <. ' " ~ ~ ~
and such other media as the Secretary may consider suitable. No site shall be ree-
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site potentially suitable for future use as a licensed repository for the disposal of
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high-level waste ano spent fuel.
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'1 (3) After identification of the four initial potential repository sites under para-
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I termine the availability of additional potential rapository sites in the geologie media
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described iri paragraph (2).
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(4) The recammandation of a repository site under this subsection shall not be
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considered'to be a major Federal action under section 102(2xC) of the National Envi
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ronmental Policy Act of 1969.
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(b) Srrz Sct.scrioN CRITERIA.-Not later than February 15. 1981. the Secretary
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shall, in consultation with the Council on Environmental Quality, he United States
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the Environmen-
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tal Protection Agency, the Nuclear Regulatory Commission, and t Geological Survey, issue ruidelina fnr =ita mWification. Such guidelines shall in-m u
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ment, including criteria with respect to such factors as association of the sites with m
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valuable natural resources, proximity to popolations, hydrogeophysics, seismic activ-
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ity, defense nuclear activities, and such other factors as the Secretary considers ap-d-
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I propriate. The Secretary shall use these cuidelines in screenine sites for selection f
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-r under subsection (a) for charactFrization for possible development into iicensed re-decision-making activity and shall not be con =idared en ha a maint Federal action D. -- 'fD -
positories. The development of these guidelines shall be considered a preliminary "T-rt under 10212xC) of the bationaI Environmental Policy Act of 1969.
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I (c) Raposricar Srre CHARAC'rERIZAT1oN.-(1) Before proceeding to sink shafts at any repository site selected under subsection (a), the Secretary shall submit to the 11 4-i Nuclear Regulatory Commission for such site-(A) an environmental assessment of nonradiological imosets. of planned site
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characternat on activities anc a discussion ot alternative procedures and any mitigating measures relating to such impacts; and (B) a characterimtion plan which includa= e ht A * " "-
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-(ii) a description of the planned site characterization program, including the extent of planned excavations, plans for any on. site testing of radioae.
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tive or non-radioactive material, investigation activities which may affect the ability of the site to isolate wastes and spent fuel, and provisions to con-trol any adverse, safety related impacts from site characterization includmg d
appropriate quality assurance programs; tili) plans for decommissionmg of the site if it is determined unsuitable for application for licensing as a permanent repository; date areas; and T
(iv) criteria and associated data used to arrive at candi (v) any other information required by the Nuclear Regulatory Commis-sion prior to the sinking of shafts at potential repository sites: and (C) proposals describing the onWble form or oackaging for the waste material and spent luel which would be emplaced in the repository.
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(2) In carrying out activities at each proposed repository site, the Secretary shall E
consult on a continual basis with the Nuclear Regulatory Commission. Opportuni.
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ties shall be provided for participation by the public and the affected States with respect to such consultatiort (3) At proposed repository sites for which environmental assessments and site i
characterization plans have been submitted under this subsection, the Secretary shall conduct such tests as may be necessary to provide data sufncient to validate a
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license application and to comply with the National Environmental Policy Act of 1%9. except that-(A) the Secretary shall not use radioactive wastes for site characterization unless the Nuclear Regwawry Commission and the becretary concur that such '
r use la necessary to provide data for geologic repository licensing activities
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smallest quantity necessary to determine the suitability of the site for a re-fi2ii CEE "r6=.
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(4) The Secretary shall not continue characterization activities at any site if the Secretary determines that site to be unsuitable for eventual development as a li-
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censed repository, unless the Secretary determines that continued activity would E"~2
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provide information which could requalify the site for possible licensing. If the Sec-
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retary makes any such determinations, the Secretary shall submit a report contain-ing the reasons therefor to the Congress. If characterization activities are terminat-
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ed at a site for any reason, the Secretary shall remove any nuclear waste or other radioactive materials at or in the site as promptly as practicable.
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(d) RecoWENDATtoN OF PraAANENT REPosnCRY SrTes.-41)(Al Not later than March 30,1988, the Secretary shall submit to the President for his review under
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and which conforms to the criteria developed pursuant to subsection (b). After such E
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date, the Secretary may submit to the President recommendations for other sites f
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p ommendation of a site under this paragraph, the Secretary shall submit to the E:55.":-fi. -- " " "-" -= ====_E"ii; "" "
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v (i) A description of the proposed repository, including engineering plans for p; :s;g;;.=--._._ _,._.,.,..;;;;
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(ii) A description of the waste form or packaging proposed for use at the re-
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(iii) A discussion of data, obtained in site characterization activities, relating 2
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- .adEr repository as required under the National Environmental Policy Act of 1969 to.
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i gether with comments made concerning the environmental impact statement by the Department of the Interior, the Council on Environmental Quality, the En-Er ?? =.._
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Ezii vironmental Protection Agency, and the Nuclear Regulatory Commission.
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(v) Prelimimrv comments of the Nuclear Regulatory Commission concerning E " "Ei- ' ".=. J. !=
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the extent to which tne atsepta site cnaracterization analysis and the waste E. 75ET
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form proposal for the site seem to be sufucient for inclusion in any application to be submitted by the Department of Energy for licensing of the site as a per.
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manent repository for high-level waste and spent fuel.
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(vi) The views of any State Review Board, and any governing body of an E
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gether with the Secretary's response to such views.
(vii) Such other information as the Secretary considers appropriate to provide E-.-= : _ 9iric_ul"ir.E.. EEE!! _.. 32 7 77==
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a complete statement of the basis for the recommendation of the site for licens-E_. - ~
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section &b) or Sc), the Secretary shall resubmit to the President under sect,ation of
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j required under subparagraph (A) does not take effect as a result of the oper
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another site for an initial repository, together with a report as described under sub-E -. - = ~
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(2) The Secretary shall submit an application for an authorization under the
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license under paragraph (1) as soon as possible after the date on which the recom-l mendation of the designation of such site is effective in accordance with section 8.
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j RESPONSIBILITIES OF THE NtlCLEAR REGtfLATORY COMMISSloN AND THE ENVIRONMENTAL i-2 PROTECTION AGENCY
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SEc. 5. (a) PRoMt1GATION OF STANDARDS.-(l) Not later than June 30.19R.3, the
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ments for the licensing and regulation o'lWdisposal of high level waste and spent
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Agency under paragraph (2L (2) As soon as practicable, but not later 'than January 31,198Lthe Administrator
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of the Environmental Protection Agency shall, t>y rule, promulgate standards and g m.m w_:Ess: gag.ggg,g,y
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(b) STATUS RaronT ron CoNsraucTioN Praurt AttTuoarZATIoN-No later than 2
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years after the date on which an application for a construction authorization is sOtr "2
1Tifttea unoer section +cm tne nuaear 13gmawry commiswon shall submit a '
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reoort to the Congress describing"The proceedings unMtaken through such date n.nq r::.
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with regard to the autnorization application submitted, including a description of-
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(1) major unresolved safety issues, and the Secretary s explanation of design and operation plans for resolving such issues; y
(2) matters of contention regarding the application; (3) any Nuclear Regulatory Commission actions regarding the granting or q
denial of the authorization.
(c) DzcisioN RtcARDING CONsTitpCT1oM Aviuon ZATIoM ArrLicAT!oN.-Not latwr
=r than 4 vears after the date the initial construction authorization application is sub.
mitt 3tMmder section 4(dll2), the Nuclear Regulatory Commission shall iesue a final decision granting or denying such authorization, subject to such terms anc condi.
Tddi"ITmay be required or permitted by law.
cr.u-":
=;
STATE PAaTICIPATION
{
.3 Sec. 6. (a) STATE Revirw BOARDS.--(l) The provisions of this section shall be appli-cable only in tne case on any nuclear Waste Repository impact Review Board that-E""
~~- ---"
"c.ed (A) has the composition and authorities described in this subsection:
r-J.r (B) is established under State law by any State in which there is located a site s'
recommended to the Congress by the Secretary under section 4tal as a potential repository site for which a characterization study should be done, or recom-mended under section 4(d) as the site for a repository; and
~7":7..
(C)is determined by the Secretary to be established in accordance with this section.
(2) Each State Review Board referred to in paragraph (1) of tiis subsection shall t
be composed as determined by the State under State law, except that the follcwing shall be provided for by such law:
(A) The general public, any affected Indian tribe, and affected local govern.
C.....~
...'."..b..
~
~
ments shall be represented by members on the Board.
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(B) The State Review Board shall have the authority to-(i) study and determine for purposes of carrying out the Board's functions r; :- :- -
==
under this Act the possible economic, environmental, and social impacts, and possible impacts on public health and safety, of a repository for the dis.
~
. 32.... s -
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posal of high-level waste and spent fuel; 8: ' =*
. LEE" E
.s (ii) draft proposals suggesting assistance which would be resuired to be
- 29#
provided by the Federal Government to remedy or lessen the impacts iden.
unnnu tified under clause (i); and (iii) review the activities undertaken by Federal agencies with respect to
~~~-+
possible repository sites within the State and, as appropriate, submit rele-
"~ "-"
vant suggestions with regard to such activities to the Congress or appropri.
O>
ate Federal agencies.
" " " " ~ " " '
(C) The State Review Board shall hold meetings open to the public not less than once every 2 months, at which meetings the Board shall receive and to the extent practicable place on its agenda matters submitted by any Board mem.
bers.
(b) PARTic PATION IN REPOStrORY LICENstNo Decisions.-Upon the submission to EZ
""5 i
the President of the recommendation of a site for a repository for the disposal of high-level waste and spent fuel, the State Review Board of the State in which the site is located may, by majority vote of the membership of the Board, submit a peti-
~" """"""""".~_.. _ -
""J.:-
tion to the Congress requesting that the Congress disapprove the site designation. A State Review Board may suoma mn a peuucn w tne Longress not later than the 30th day after the date that the President approves the site recommendation under
- - - - - - - - - - --~ ---"
section 8(b) and submits the recommendation and report of the Secretary to the
~"
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.._.u.-
Congress. A petition shall be considered to be submitted to the Congress on the date a
of the transmittal of the_ petition to the Speaker of the House and the President Pro
"" upore of the Senate. The petition shall be accompanied by a statement of reasons
._f. _ :
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explaining why the petition should be granted.
._.......===n....
(c)IMPACr AssisTANcz.HI) After the effective date of the approval of a permit for
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the construction of a repository for the disposal of high level waste and spent fuel.
~~"" ~r :=== "F the State Review Board of the affected State may submit to the Congress and to the
--. err ::- "-" "-".._.17 Secretary, the Secretary of Transportation, or the head of any other appropriate
.. _ _ _ =... _ _ _. _......
Federal agency a detailed request for technical or economic assistance, in such form
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TN5 or manner as the Board considers necessary, to mitigate the adverse impacts which will likely result from the construction or operation of the repository and to protect
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the health and safety of the public, together with such requests for legislative 9er.
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changes as the Board may consider necessary to mitigate such impacts. The Board
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=n shall submit with any such request a report which contains a detailed explanation "2
.E2-of the anticipated adverse impacts from the repository and the reasons that the
.i=i"""""
"=.:.9 Board has requested the assistance or legislative changes specified in the report.
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=n (2) T_he head of any Federal agency which has received, within the 90<iay period F"2*"-
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beginmng on me Wiwe cate on tne construction permit for the repository, a re.
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- :-- :... ".. - :~.MininEEri" quest for assistance under paragraph (1) from a State Re dew Board, or from the vn.
governing body of an Indian tribe as provided under section 7, shall submit to the
=it_ """- """"
..__"J" Congress an evaluation of such recuest, including evaluations swung to tne cod EE==
"9==-
of the proposals and their feasibility,logether with such recommeiMns for alter.
I" native or suocleantev==*=nce or legislative chanres as the agency involved
~
~ ~""..rs inay consider to be appropriate. Such evaluataon and recom~mendations shall be sub.
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" " " " " " ~
......3 mitted to the Congress within 90 days after the date of the receipt of such a request.
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(d) FUNotNo.-(1) Subject to paragraph (2) and to the availabihty of funds to carry out this section, the Secretary shall provide to each State Review Board such funds as may be necessary to provide technical assistance to the Board and to permit the uur rr=u-- --
=" *"
Board to carry out its duties, except that at least 10 reent of the total budget of
-. 5=
the hard shall be provided by the State from non-F eral funds as its State share.
===. = =.
Salaries and travel expenses which would ordinarily be incurred by any State or
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local government shall not be considered part of the budget of the Board and shall
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not be eligible for payment under this section.
~ ~ -.
(2) At the end of the one-year period beginning on the effective date of any operat.
/N ing license for a repository in a State, no Federal funds shall be made available
('j under this subsection for the State Review Board of the State in which the reposi.
~ ~ - " -
m._..._...._
tory is located, except for-(A) such funds as may be necessary to support Board activities related to any h==
other re itory located in, or proposed to be located in, such State, and which has not n operating under license for more than one year; and
_ _... " ~:
(B) such funds as may be necessary to support Board activities pursuant to agreements or contracts for assistance entered into under subsection (c) by the r.i
.c.r.-
Board with the Federal Government before the end of such one-year period.
c..
(e) PARTICIPATION IN LICENSING.-A State Rekiew Board may participate in any
~ ".. " - -.. _ _
n=
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licensing proceedings related to repositories for the uisposal of high level weste and spent fuel which are to be located in or adjacent to the State in which the Board is inr constituted.
" n =i,I"= n 7 ;;...;
(f) CoNSUI. TAT!oN.-0) The Secretary, the Nuclear Regulatory Commission, and C,.
n-~'"""
other agencies involved in the construction or operation of a waste repository in a
..;_: =
.,:=====
State shall provide to the State Review Board of such State, and to the governing i - En-"
"E "" 3EEE body of any Indian tribe on or adjacent to whose reservation the repository site is located, timely and complete information regarding determinations or plans made E._ ".
_ ":I-i #"E F
with respect to tne samg, cevelopinent, design, construction, operation, or regula.
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tion of the repository.
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(2)In performing any study of an area within a State for the purpose of determin.
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==cc ing the suitability of the area for a repository and in subsequently developing and
. _ _ _.."'J.....Z""""'
loading any repository within a State, the secretary shall consult and cooperate with the State Review Board of the State in an effort to resolve the State's concerns
-- =" 2=""#
2 regarding the public health and safety, environmental, economic, and social impacts
= = -
- " =7:
~
yT of any such repository. In carrying out his duties under this Act, the Secretary shall V
take such concerns into account to the maximum extent feasible.
_.==....:==u.....
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@ As soon as possible after notifying a State of his decision to study an area r"
=;"""Ef.E 2=-
within such State as a possible repository site, the Secretary shall seek to enter into
=~"
a written agreement with the State Review Board of the State setting forth the pro.
1..
.
cedures under which the requirements of paragraphs (1) and W shall be carried out.
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The written agreement shall provide for-p ggg;,]._~" :c.-".g '"*"'r *'."=h (A) the right of the State to study, determm, e, comment on, and make recom.
- = r =....c:= "
==
mendations with regard to the possible health and safety, environmental, eco-111=..Er:5E!!.........
... _.....:TJ"~........
nomic, and social impacts of any such repository;
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(B) procedures, including specific time periods, for the Secretary to receive, 27= E = := = =
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consider, resolve, and act upon comments and recommendations made by the
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. g9,i"=.,:Z:,:,:y:.Mif.?=.".=.y State Review Board; and
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=a (C) procedures by which the Secretary and the State Review Board of such
" = " = = = = " "
o State may review or modify the agreement periodically.
(g) STUDY TO PaoviDE IMPAC r ASSISTANCE 7014 CAL CoMMUNrrIES.-The Secretary E--- -
- =n" =...E99 =!="""#
shall conduct a study to determine the desireability of and possible methods of im.
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posing fees on users of the repositories to make sums available for assistance to
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those communities impacted by licensed repositories for the disposal of high. level ZZ.":"._"E" :"TE:r"9EE..
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waste and spent fuel. The study shall be designed to determine (1) the amount of
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any fee to be levied and the manner in which it would be assessed. (2) the procese
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for determining which communities should be eligible to receive assistance with
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"T.".Q" amounts generated by the fees, and (3) appropriate conditions which should be re-
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quired with respect to the expenditure of assistance grants.
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PARTICIPATION oF INDIAN TRISEs
........m...
SEC. 7. (a) AttrNoRrTIEs or TaraAL GoVERNINo Boo:Es.-The governing body of any "4
Indian tribe on whose reservation is located a site recommended to the Congress by m======
the Secretary under section 4(a) as a potential repository site for which a character.
m isation study should be done, or recommended under section 4(d) as the site for a permanent repository, shall-a
" - ~ ~ - - " " ~ - "
'A (1) have the same authorities provided to State Review Boards under section 6(ax2xB) and section 6(b); and
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um (2) be eligible for impact ass un:
manner as State Review Boara,istance as described in section 6(cXI) in the same
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a.
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-m,-- e (b) ASSISTANCE to TR:sEs.-Subject to the availability of funds to carry out this
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section, the Secretary shall provide to the governing body of each Indian tribe re-ferred to in subsection (a) such funds as may be necessary to provide technical as-sistance to the tribe and to conduct the activities described under sections 6(ax2XB)
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and (C) and other similar activities related to the repository. At the end of the one.
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--T l
vear period beginning on the effective date of any operating license for a repository L
__,_.._...__-3 located on a reservation, no Federal funds shall be made available under this sub-t V( 1 section to the governing body of the Indian tribe on whose reservation the reposi-F
_. 7
- --.1 tory is located, except for-(1) such funds as may be necessary to support activities related to any other t....
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repository located in, or proposed to be located in, such reservation, and which
- " ~
t has not been operating under license for more than one year; and (2) such funds as may be necessary to support activities pursuant to agree.
E:-
7!s ments or contracts for assistance entered into by the governing body of the E-
"3"t Indian tribe with the Federal Government before the end of such one-year
~~ '
_.-.. a period.
.4 (c) PARTICIPATION IN IICENsING.-The governing body of any Indian tribe shall be E
eligible to participate in any licensing proceedings related to repositeries for the dis-r c
_=n"E.-
posal of high-level waste and spent fuel which are to be located in or adjacent to the E..
- - - - =. -. REJ reservation of such tribe..
REVIEW or REPOSITORY s!TE SELECTION
"""..._.;=...;
== ~ - -- -
h 3.g.gvar.c SsC. 8. (a) POTENTIA 1. REPostroRY SrrEs.-The designation by the Secretary, pursu-C_..
If.
ant to a recommendation submitted to the Congress under section 4(al, of a site for
.:.TJ"."-ll_ _..
~====.
characterization for possible disposal of high-level waste and spent fuel shall be ef-r"
""""--""'"1---"'
fective unless, during the first period of 90 calendar days of continuous session of E - "-
" " " " ~
the Congress after the date of transmittal of the recommendation io the Congress, the Congress passes a concurrent resolution the matter after the resolving clause of u_
which reads as follows: "The Congress disapproves the designation of the site at t
~1 for characterization for possible disposal of high-level waste and a nt
(
fuel";(the blank space being filled with the gwgraphic location of the pro re-pository site).
(b) PRESIDENTIAL Review or StrEs.--(l) The President shall review each recom-mendation for the location of a repository submitted by the Secretary under section L
4(d), together with the accompanying report. Within 60 davs after the submission of h-.-.. - "
the recommendation and report, the President shall either approve the site and transmit such recommendation and report to the Congress, together with a state-
"x=
ment recommending approval of the site for the repository, or shall disapprove the
- ==~---" "#i" "l" ~".. "" ~.
rrr-site and submit notice of the disapproval to the Secretary and to the Congress.
(2) The President may delay for not more than 6 months his decision under para-
"~""
graph (1) for recommending approval or disapproval of a site upon determining that
.. 'J E.="".........
the information provided under the environmental impact statement or the charac-
~~~J....l""---------
"Z"-fr"~""
terization plan for the site is not sufficient to permit a decision within the 30 days
= = = = " " - ~ ~ "
""""' -=2; referred to in paragraph (1).
4 (3) The designation of a site for a repository for high-level waste and spent fuel shall be effective at the end of the 30 day period beginning on the date that the President approves the site designation under paragraph (1) unless a State Review
"-~~- ~~"-"
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-"=r=n-rr"r=5. ::=
Board has submitted to the Congress a petition for disapproval under section 6tb) or
_ = = = = = =
the governing body of an Indian tribe has submitted such a petition under section 7.
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If any such petition has been submitted, the approval of the designation shall not be F=---
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effective except as provided under subsection (et
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under subsection (b) a recommendation for approval of a site as a repository and
{"""..".
Ici ConcRESslONAL Review or Srros -(l) If the President submits to the Congress E=-
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. g.g either a State Review Board submits to the Congress a petition for disapproval m.._,,,
under section (gb1 or the governing body of an Indian tribe submits to the Congress h"."
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d.".rs r;_
b
""" m such a petition under section 7, the designation of such site for a repository for high-C level waste and spent fuel shall be effective at the end of the first period of 90 calen-dar days of continuous session of the Congress after the date of transmittal of the k._.
==
"+.YE55=i=.:==rn ut
~5 recommendation of approval by the President to the Congress, unless, during such E-
"~"
. _ __.d period, either House of the Congress passes a resolution the matter after the resolv-E-
E mg clause of which reads as follows: "The approves the petition submit-ted by regarding the disapproval of the site at for a reposi-
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tory for the disposal of high-level waste and spent fuel.";(the first blank space being
~
"""'==r filled with the desiptation of the appropriate House of the Congress; the second
- =.
"hiEi-blank space being nlled with the name of the State Review Board or Indian tribe
.....i*".
governing body the petition of which is approved; the third blank space being filled 2 ##
- with the geographic location of the proposed repository site). For purposes of para-ar.=" === "
- p E s= """
graphs (3) through (7) of this subsection, the term " resolution" means a resolution
~. _ _ _ _.
described by this paragraph.
(2) Paragraphs (3) through (7) of this subsection are enacted by Congress-
[_.T (A) as an exercise of the rulemaking power of the Senate and the House of
...?
Representatives, respectively, and as such are deemed a part of the rules of
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each House, respectively, but applicable only with respect to the procedure to be
- ""_~.
r followed in that House in the case of resolutions described by paragraph (1) of
--g this subsection; and the provisions of such paragraphs supersede other rules
rd
=
only to the extent that they are inconsistent therewith; and
~ """ ~~"~~:""" ~ ~ " " - " - "
(B) with full recognition of the constitutional right of either House to change r;..__
m-the rules (so far as relating to the procedure of that House) at any time, in the
' = = "
same manner and to the same extent as in the case of any other rule of the
=
.. -. _. -===
(3) A resolution once introduced with respect to any site designation shall immedi-ately be referred to a committee (and all resolutions with respect to the same site Er"_ -
designation shall be referred to the same committee) by the President of the Senate
' " ' " ~ "
. ~ ~ ~ ~ -~
~,_
===. """.__ ~~".. _.
or the Speaker of the House of Representatives, as the case may be.
(OA)If the committee to which a resolution with respect to a site designation has
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been referred has not reported it at the end of 20 calendar days after its referral, it shall be in order to move either to discharge the committee from further considera-tion of such resolution or to discharge the committee from further consideration of "n! b E E """-
=== 24
~ ~.. = = =
any other resolution with respect to such site designation which has been referred u..n~ - -
to the committee.
~
(B) A motion of discharge may be made only by an individual favoring the resolu-tion, shall be highly privileged (except that it may not be made after the committee
~~
==== ~
..._s has reported a resolution with spect to the same site designation) and debate
.. _::"-~"-
thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion g
shall not be in order, and it shall not be in order to move to reconsider the vote by
- - - ~
= = =.......
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which the motion was agreed to or disagreed to.
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(C)If the motion to discharge is agreed to or disagreed to. the motion may not be
=z2 renewed, nor may another motion to discharge the committee be made with respect
"-~~-
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~~
to any other resolution with respect to the same site designation.
(SMA) When the committee has reported, or has been discharged from further con-E"
=
sideration of, a resolution it shall be at any time thereafter in order (even though a E"
_:==s: :mr previous motion to the same effect has been disagreed tot to move to proceed to the f"
...:::::"" li:--"::: ;;;;;;.
consideration of the resolution. The motion shall be highly privileged and shall not
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be debatable. An amendment to the motion shall not be in order, and it shall not be
- r2527,
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r-in order to move to reconsider the vote by which the motion was agreed to or disa-1555Sud. nnET-2-5 "E"
bate on the resolution referred to in sub ara h (A) of this haragraph
~ " - - ~ ~ " " = = - " " - ~ "
divided equalt between shall be limited to not more than 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br />, which shal
..)
those favoring and those opposing such resolution. A motion further to limit debate
_.a shall not be debatable. An amendment to, or motion to recommit, the resolution 2 """ ~ "" --
"" 9E E=._.f::-"'
shall not be in order, and it shall not be in order to move to reconsider the vote by E====-
--.E =i.===uE. E" which such resolution was agreed to or disagreed to.
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(6xA) Motions to postpone, made with respect to the discharge from committee, or
.._._._ :::.J. _ :::. :: :
the consideration of, a resolution, and motions to proceed to the consideration of
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other business, shall be decided without debate.
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w iB) Appeals from the decision of the Chair relating to the application of the rules
- "*";;""' " 5Einr 9 of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate.
a" n.
(7) botwithstanding any of the provisions of this subsection, if a House has ap-
=il-""""-
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proved a resolution with respect to a site designation, then it shall not be in order e.ns=;;..
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to consider in that House any other resolution with respect to the same such site designation.
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(d) CourtrrATION OF DAYS.-For purposes of subsections (a) and (b) of this sec.
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" 'h (1) continuity of session of Congress is broken only by an adjournment sine die; and (2) the days on which either House is not in session because of an adjourn-i ment of more than 3 days to a day certain are excluded in the computation of x=
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the 90<!ay period.
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JUDICtAL REVIEW oF AGENCY ACr10NS
._,,,_,,,a"O"!
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SEC. 9. Notwithstanding any other provision of law, the actions taken by the De-
~=E n rp.=
o partment of Energy in designating any site for characterization, in designating an
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anitial site as a repository for the disposal of high-level waste and spent fuel, or in characterizing a site, any actions taken by the Nuclear Regulatory Commission in granting or denying any construction permit application submitted to such a facility
/
under section 4(dx2) or any operating permit for such a facility, and any actions de.
(3) scribed under section 10 shall not be subject to judicial review except as provided in this section as follows:
e (1) Claims regarding an such action may be brought not later than the 60th
$=""'
day following the date of such action, except that if a party shows that the 5"--~'"~"--
party did not know of the action complained of, and a reasonable person acting E.
in the circumstances woul:1 not have known, he may bring a claim alleging the
- ~;._ _..
invalidity of such action on the grounds stated above not later than the 60th day following the date of his acquiring actual or constructive knowledge of sbch action.
f;..
(2) A claim under paragraph (1) of this subsection shall be barred unless a
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complaint is filed before the expiration of such time limits in the United States
"-""-" ~
Court of Appeals for the District of Columbia, acting as a special court. Such E:
nur = 3:n ::
court shall have exclusive jurisdiction to determine such proceeding in accord-
......:shru.uu ance with the procedures hereinafter provided, and no other court of the United States or of any State shall have jurisdiction of any such claim.
=-
(3) Any proceeding under paragraph (2) shall be assigned for hearing and
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completed at the earliest possible date, shall, to the greatest extent practicable,
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take precedence over all other matters pending on the docket of the court at c..
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that time, and shall be expedited in every way by such court, and such court
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shall render its decision relative to any claim withm 90 days from the date such
""""i claim is brought unless such court determines that a longer period of time is
- -"_s required to satisfy requirements of the United States Constitution.
g EXPEDITED AttrHORIZATioNs
~~
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SEc.10. (a) IS$t'ANCE or ALTTHoRIZAT!oNs.-(1) Subject to paragraph (2),' to the extent that the taking of any action related to the characterization, construction, or initial operation of any site recommended under this Act and not disapproved under
""- 2' this Act for the disposal of high-level waste and spent fuel requires a certificate, right of way, permit, lease, or other authorization from a Federal omeer or agency,
[gx ="-.. _....
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'"=====" ="N such omeer or agency shall issue or grant any such authorization at the earliest
.. = =..
- = n practicable date, to the extent permitted by the applicable provisions of law admin-istered by such omeer or agency. All actions of a Federal omeer or agency with re-
- - """""""..._iiiEEriE=iiE.:
- = "~"" T spect to consideration of applications or requests for the issuance or grant of any
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tak,e precedence over any similar applications or requests not related to such reposi-
- _
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=2 tories.
(2) The requirements of paragraph (1) shall not be applicable in the case of any
"--C action related to any permit or other authorization issued or granted by, or request.
_ _ _ _ _. _...._ _._ _._.;.=JG"Eirs=-
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ar5 ed from, the Nuclear Regulatory Commission.
(bi TEaus or At:THORIZAT!oNS.-(1) Any authorization issued or granted under
- - - - - - - = ". " - ::= -
subsection tal shall include such terms and conditions as may be required by law, BEi= "-"
= = = "ii.EEn-and may include terms and conditions permitted by law.
....._.=:n=====x==-..
, (28 Ex' cept as provided in the second sentence of this paragraph, nothing contained
_._ = _. _ _.._. = = E: lie !"i in this section shall be construed to impair the authority of any Federal omeer or
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'!.E4:4 agency to add to, amend, or abrogate any term or condition included in any authori.
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- r.ation issued or granted under subsection tal if such action is otherwise permitted under applicable laws administered by such officer or agency. In the case of any 7---"~""""
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such action which is permitted but not required by law, the Federal officer or E E :=i.....:
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agency shall have no authcrity to take such action if the terms and conditions to be h:.d:J.E^r.._. :-:;6". gly
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so added, or as so amended, would have the effect of terminating the characterir.s.
tion, construction, or initial operation of the potential or permanent repository which the authorization affects, g
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W AsTE DISPOSAL FEES
---4 Sze. II. Cou.renow or FErs.--(aX1) The Secretary shall collect fees sufficient, as is"
.. _ _ H determined by rule promulgated by the Secretary, to offset all reasonable construc-rrr tion, operation, administrative, and other costs incurred by the Secretary in provid-E:.!!=
ing for the disposal, interim stor&ge, and management of nuclear wastes and spent
if
fuel. The fee shall be sufficient to offset all reasonable costs of waste treatment and firi!
=4 :-,
encapsulation, repository development programs (including research and develop-
=
ment costs), decor.tamination and decommissioning of repository facilities, any rea-
.......:,..:;i.
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sonable costs incurred by the Secretary in transporting nuclear wastes,or spent fuel gr. _
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to storage or disposal sites, and the costs of providmg adequate secunty protection for nuclear wastes or spent fuel (as determined by the Nuclear Regulatory Co.nmis-
-a.._.
sion) during the period such nuclear wastes and spent fuel are transported to stor-
___~_
-5, age or disposal sites and during the period such wastes are stored at such sites. The o
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research and development costs for which the fees shall be assessed shall include T -.-";- ---
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__ g those incurred during all site specific investigations directly related to storage or disposal sites, and such other costs as the Secretary by rule determines to be direct-
- =r ly related to management, storage, and disposal of nuclear wastes and spent fuel.
- - -:n=-=-..T"""-"~"""~~"
From fees collected under this section, the Secretary shall reimburse State and local governments for any reasonable costs incurred by them in connection with, and during the period of, the transportation of nuclear wastes or spent fuel to disposal g..
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sites.
(2) The Secretary shall collect such fees from the persons or entities, whether public or private, who hold title to the nuclear wastes or spent fuel which is subject
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to disposal by the Secretary. The Secretary may require such fees to be paid in a
^-"-""__
lump sum or in such installments as the Secretary determines to be appropriate,
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and the fees levied under this subsection shall be subject to reassessment by the Secretary to the extent necessary to ensure that the total amount of the fees re-say -- -----
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quired to be paid reflects the actual reasonable costs incurred by the Secretary, as
- " ",*z
..====q determined pursuant to paragraph (1) of this subsection.
material tother than spent fuel) for which interim storage or disposal is provided by E.==
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(3) As used in this subsection, the term " nuclear wastes" means any radioactive
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the Secretary.
(b) Use Or Frzs.-Section 111(h) of the Energy Reorganization Act of 1974 is amended-(1) in paragraph (1), by striking out "and" after the semicolon;
~~~"~._..::: ff..
(2) in paragraph (2), by striking out the period and inserting in lieu thereof ",
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and"; and
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(3) by adding at the end the following:
"(3) revenues received by the Secretary of Energy under section 11(a) of the
_... ^
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V Nuclear Waste Disposal Act shall, when so specified in appropriation Acts, be
.....r"~
retained and used for the specific purpose of offsetting costs incurred by the
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Secretary in providing for the disposal, mterim storage, and management of nu-
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clear wastes and spent fuel."
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Arrrer ON OTHEa LAWS r"-- - zEi=i"
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Soc.12. Nothing contained in this Act shall be construed to affect in any way the E.;;
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provisions of section 605 of Public Law 96-205 (94 Stat. 84; 48 U.S.C.1491).
===u.
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Ed'
~~*~~2~1: :::=::--::.: :NS ~
DISFOsAL Of SPENT TVEL Sr.c.13. Notwithstanding any other provision of this Act, any repository for the disposal of high-level waste and spent fuel which is designed and constructed under
- ..=
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this, Act shall be so designed and constructed that the spent fuel may be retrieved,
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during an appropriate period of operation of the facility, for any reasons pertainmg
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of the economical-
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to the public safety or for the purpose of permitting the recove ispose of spent fuel ly valuable contents of the spent fuel. The Secretary shall not
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'in a manner which would not allow for its recovery in accordance with the preced.
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ing sentence unless specifically authorized to do so by the President.
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TERMINATION OF AUTHoRrrY
"~"1.__.... -
Szc.14. ta) The provisions of sections 9 and 10 shall cease to have effect at such
=a time as the Secretary commences licensed operation of at least one repository for
.... = = = - -
E=-
the permanent disposal of high-level waste and spent fuel.
(b) The provisions of this subtitle, other than sections 9 throu h 13, shall not have
.._.-s-Amend the title so as to read: *gA bill to provide for
--""'~:..-........
Effect after December 31,1999.
repositori,es for the disposal of nuclear high-level waste and spent fuel, and for other
. _".""".Z,;[.'".". " ~.. ~"
__g purpo.,
H.R. 7418 provides for planning and programming for the devel-
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opment of facilities for the permanent disposal of radioactive
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..... = =.. _........
i.
BACKGROUND 1
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H.R. 7418 was introduced by Rep. Mike McCormack and referred
' =E lJ exclusively to the Committee on Science and Technology, which re-
[
" " ~ "
J ported the bill on July 2,1980. (Rept. 96-1156, Part I). Most of the
=- - --
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programmatic content of the bill had been reported by that Com-f-
~" "-~~~.
1 j
mittee in actions on Department of Energy authorizing legislation E
._. :; d for fiscal year 1981 (H.R. 6627 and H.R. 7449). The Interior Com-
~
mittee and the Committee on Interstate and Foreig,n Coinmerce E:.._.
-a i
sought sequential referral of H.R. 7418. A referral was made to
~ ' " - "
-a
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both Committees.
i The state of art in nuclear waste facility technology and the L ---
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l nature of this has resulted in a mixed jurisdiction regarding this legislation. With regard to facilities for permanent technology.
l-
=="
.<i With regard to facilities for permanent high level waste disposal m
. E"E=iE Ej particular, certain activities have been recommended by the Sci-
~"7.. 1 ence Committee to be conducted at sites and in deep geologic struc-
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?;3 tures which are at the same time sites and structures which would be developed for use as operating permanent waste repositories.
~~- " "" " "-- "" ~ =.... _
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Conflicts artse between the exemption from licensing accorded to i
primarily research and development actitivies by Sec. 202 of the T
t Energy Reorganization Act, and the important procedures and reg-l
~ ~ ' " - "
ulations for protection, data collection and construction activities
-l i
at sites being developed for full-scale operation being promulgated
""Ei by the Nuclear Regulatory Commission.
"Z_ :""."1
. Such conflicts between licensing requirements and research and f& ~~"""~~-e "EEr f""
.iid l
development exemptions do not arise when research activities are conducted at sites which are not part of a national bank of geologic F=~
. ----.. -...- Es
== M locations being studied and preserved due to their apparent suit-
ie
- 4 ability for use as full-scale repositories. The Department of Energy
.-.=j
- j is now conducting purely R. & D., unlicensed geologic repository re-
...:]
search activities at the Near Surface Test Facility at Hanford,
_==.. ej Washington and at the Nevada Nuclear Waste Storage Investiga-l 3
~ ions Climax site. It would be possible to conduct tests such as l~
t
-..=s those required by H.R. 7418 as reported by the Committee on Sci-
._.._:.:E@)E" _..._..
ence and Technology also in a manner primarily oriented toward Z.Sa
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research and development. To do_ so, however, would result in either the threat of compromising or damaging the integrity of a
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candidate full-scale site and therefore its potential use for licensed
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sg-operation, or an unnecessary waste of Federal funds and a loss of
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- mm some of the most useful data collection objectives, through at-depth gE=-
activities at sites which were devoted to research and eliminated 9=rc:===~~~"=Y from candidacy for licensing.
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The geologic site itself is one of the two most important barriers
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affording protection from the hazards of nuclear high level waste E.=====
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material after its disposal. The materials will be deposited from
- = = W = = ="
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1,500 to 2,000 feet underground in rock formations which have L
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characteristics highly likely to prohibit the movement of the haz-E"" --
-"r ardous elements back into the biosphere. The form of the waste itself and engineered barriers will provide the first level of defense against release of radionilclides. But locating appropriate rock for-
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provide protection over very long periods of time, are crucial ele-
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ments of the repository development program.
The Department of Energy and its predecessors, the Atomic Energy Commission and the Energy Research and Dewlopment
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o Administration, have been investigating sites for this use since at
:.1._.2 Q
least the late 1950's. Attention was then focused for about 25 years on bedded salt deposits as the most likely rock formation type to
- " """ _. _. _.." - ~ ~
serve as a host for high level wastes. Site investigation activities
-" ~. _...
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were accelerated in 1975, and in 1979 the President mandated that
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at least four rock types be fully investigated before one was select-E=l:=""
ed for repository use. During these years, three sites have been rec-r..:-
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ommended for development into repositories, and each has been eleminated due to technical or political problems. The state of site investigations is such that by 1983, if current predictions are not F"
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overl optimistic, three or possibly four site locations may be ade-eE ""~
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understood to sup E=
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r thorough testing. port a commitment to invest resources inAbout 6 sites may be available for J.Z "":
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quate them iD~" iE W nation for testing by 1985.
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In order for four of these sites to be set aside for work primarily
= =r. _ r ~==
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or purely devoted to research and development, therefore, would
.. _. _ _ :""' s:
mean a substantial period of delay before four additional sites r==
==
could be located which would be suitable for development primarily w
-- -==-
for licensing and construction of operating full-scale respositories.
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In addition to time delay, devoting sites to primarily research ac-
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/""s tivities would result in the commitment of substantial work and
==
(I the collection of data which would have to be duplicated at sites
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being developed for use as licensed facilities. Such activities would
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include the construction of large shafts for equipment access and
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ventilation, construction of buildings and other facilities on the E==E EE:"= =.. _..
surface of the site, construction of facilities at repository depth, S::.
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and the conduct of tests on the rock and related hydrologic sys-
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E tem,s, most of which would be chiefly of site-specific rather than ge-nerically applicable value. The potential loss of these resources and 2:y::r: ":
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duplication of effort argue against setting aside a number of valua-
==.E==E ble sites for primarily research purposes.,tes ultimately to be devel-
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oped for full-scale operations, however, could involve significant
- =- : y"=sE.J" =:rg; gfE" risks if such activities were conducted outside the procedures pro-mulgated for site development by the Nuclear Regulatory Commis-
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3 sion. The Commission has promulgated guidelines for the initial
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phase of excavation and data collection for the repository licensing E="
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process which are intended to protect the site from being adversely E"lEs_u= u_, r==in...........
impacted by the activities, to assure that appropriate tests are con-
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ducted and that all necessary data is collected, and to guard
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against the construction of facilities in a manner which would not
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versely prejudice the site once formal licensing proceedings ar,e ini-
.= r.;)].g. g g;;- _ _g.._=..=.:; g; g tiated. Formal license application is required by the Commission
.......====,...m=
prior to major construction of facilities at repository depth. Shaft
= = =... =_ =..c.u_,;;;;;,;,;g.,m3.:=m.
m cxcavation, testing and other preliminary work is expected to be
_m conducted in a " site characterization" process in which the Com-
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=
mission provides guidelines and oversight for site development ac-
==
tivities.
The necessity for developing licensed full-scale repositories is evi-
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dent, and the desirability of accomplishing this feat, and resolvink g
the attendant technical, political and institutional problems, shoul
==
clso be apparent. There are also certain objectives which could be
=
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=5 cecomplished by the construction of small-scale research and dem-p____
" =.. _._ f " _ _ :;"3 H;,
onstration facilities. Mason Willrich, Director of International Re-
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lations for the Rockefeller Foundation, a noted national authority EY= --
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on waste management and adviser to national waste policy groups, EE.===."==
noted these benefits and their limitations in " Radioactive Waste
!=...._...._..._:
Management and Regulation :
!=.====~
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=
What are the technical benefits from operation of a EE="~Z""22"ZT 272Z EZ- -- Z ~
pilot-scale plant before it is converted into a permanent re-hf.t..
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pository? Experience will be gained in the handling of
!T EEE packaged solid waste;in the construction and operation of
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=
surface and underground facilities for receiving waste; in
- =
the emplacement of waste in the geologic formation; and
!=:
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in the measurement of the physical effects of waste em-i =:.===- -
- ==".: ~
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placement caused by heat and radiation fields and mining
- iE'==-
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stresses. It will, of course, be impossible to " demonstrate,
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with high assurance of validity, the capability of the re-es=
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pository to contain HL [high level) waste over the period for wh'ich it constitutes a potential radiological hazard.
E:.:.i.d.
ME What can be demonstrated is the ability to receive and em-
!"=-.
___:--.====
=
place solid waste in the repository * * *. It is possible that a demonstration will satisfy the public that the task of ra-
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dioactive waste management can be dealt with safely. But
" = "" ZZ "".:
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O if this occurs, the demonstration will have created the "il-
- is..._.
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'J lusion of certainty" (to quote Kenneth Boulding's phrase).
Even those who have great confidence in,the ability of our
_.;75lgg;;;;;.;ss-society to dispose of radioactive, waste in a safe manner
_=-=:-.......-
-"u would not claim that the operation of a waste repository c~
=..!!==~
to support a conclusion that the waste is very unlikely to
.ff.T.=? Esa:: """~ ~. ?.".2" for a few years will, in itself, provide substantial evidence harm man or the environment thousands of years in the
=,3=EEE=
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future.
7.s;=iEs. 7==;. s=g q Willrich further notes that a demonstration phase may have
"!E. n M 94 ^E ErziE =.L
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highly undesirable consequences:
~~""~~
A third possibility is that there will be a public reaction
. ::r :.._.. :.G:ZOiEE against what is seen as an attempt to manipulate opinion y._-_
._.__._,._. J;E:_.;.f J; ""~-
with the, demonstration. In this event, the obstacle which z;:..,.l;"gy E g.p
.;.=..
the readioactive waste problem poses to public acceptance
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of nuclear power will become even greater. Should we pro-
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ceed on the basis of such an illusion of certainty in the
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public mind, even if the illusion is not shared by those in ty= 2-2
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! = =".27 authority? Finally, it may be concluded from this discus-i:=-
6.=== = = =
..,:q sion that it would be unwise to rely too heavily on the suc-
[=_...--_.
g cessful demonstration of pilot permanent waste repositor-E.""
f".l1
..= xd ies to obtain public acceptance of the waste management program.
g_,,..
- E Given the limited generic applicability of much of the data which f.=E""
HE" would be collected at a repository site, the possibility of conducting lies
~~
most of such work at sites which would not be candidates for li-E: -
._....==
censing, the perils of conducting demonstrations-both technical F:' =A.=
EE
- --=." " " EE -- - - -
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.
and non-technical-and the limited availability of adequate sites, it
-""-~~
would seem inadvisable at this time for the Federal program for permanent isolation of high-level wastes to focus its resources on a
~....
===;;G_..."~-l..;
primarily research and demo,nstration program involving construc-tion at candidate full-scale sites. As they become available poten-
_ _. -. ;-._;;j tial repository sites must be protected and managed primarily as
"- ~" TJ.T....y.. _.......]
such.
i=== r.:r -
It is, however, necessary to proceed with research and testing as
~ ~ ~ " ~ ~
- ="
early licensing activities proceed. This complex interplay of re-
.......~~"~ _
search and commercialization goals, alongside a sensitive situation r =-
"==
- ""l"...
related to the credibility of the waste program, argue for a careful-2 ly structured cooperative approach in waste pohey and manage-
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==
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ment of all resources.
The Committee addressed H.R. 7418 with these considerations
==
- {"..Eilg.
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foremost in its priorities.
""=
i COMMrrrEE AcrION
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- == =....
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=ii=1.=! = E H DEVELOPMENT OF PERMANENT REPOSITORIES r azd== n,
As reported by the Committee on Science and Technology, H.R.
~ ~ ~ ~ ~ ~ ~ " ~ ~ ~
~~~ ""
7418 required the Secretary of Energy to nominate two geologic
._ll..._ _..._. ~~ _
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sites by 1981 and two more by 1983 for development into demon-pl stration high-level waste disposal, facilities. The sites were required T".;_.,,..;."?
y to be selected on the basis of their regional location as well as on
-:===E r :.a geologic criteria. Demonstration facilities were required to be
"=~===!"""
==
mined at depths and constructed with m,ethods which would permit jEig i===.u_ _ =. g :.:.g =.,7=.
s subsequesnt development of the facilities into full-scale reposito-ries. All activities conducted at the sites during the demonstration NH.
=E=E
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phase were noted to be exempted from licensing by the Nuclear fE-EE=
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a Regulatory Commission. Detailed criteria were set out for the con-EE E=I
==h==== :i===..
duct of tests at the sites with solidified high-level wastes.
E.=
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The Interior Committee amended the bill so that four sites would
- "===
H"E"
~
be nominated by 1985. The extension of that deadline would enable
=..
--d geologic media and more sites within each media type. The Secre-I......_...___..__.....;.n=g=1._ _..
the Department to choose four sites from among five or six possible E... _. _..
=U " - ::JaE= "1 tary is required to develop criteria for site selections which include
"""" :7s=.2si.EEE.... j such factors as hydrogeophysics, proximity to populations, natural
__.._ _;, l.T ~E g..g. ~,::q s.
resources and seismic factors.
_. _.. r=ry Excavation, construction and other activities at each site are re-
. ism.
.. :::M quired to be carried out consistent with the Nuclear Regulatory
~~~.. _.
".GEis.l.?'.E""~
Commission's site characterization program guidelines.
= " -
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The Secretary is permitted to conduct such tests at the site as 8E=.. ' " ~.= ".
"=i an are determined, with the concurrence of the Commission, to be nec-
. = = = = -
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essary to validate a license application or to meet the requirements
'~"
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of the National Environmental Policy Act. A limit is put on the
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amount of high level radioactive wastes which may be used m anv
= = ~
_... a such tests. The tests are not to use amounts of radioactive materi-
.. _.... ":",-.JZ:.i'E===E=======
als in excess of the curie equivalent of 10 metric tons of spent reac-59.EEE tor fuel (roughly half to one-third the spent fuel output for one
=== -
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year of a standard reactor operating at 70 per cent capacity). The
=
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Committee excluded criteria for the tests recommended by the Sci-
e:===
=== =-
ence Committee.
=f The exclusion of large amounts of waste and detailed test criteria
~
=
= =. -
was made in order to assure that waste handling and testing activi-ties neither threaten the integrity of the repository in the early
:=
stages of construction, nor, encourage the design of facilities or tests
=="
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in line with criteria which may not be consistent with the stand-EE
~~x=
ards and criteria for licensing being developed by the Commission and by the Environmental Protection Agency. While adequate
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space and resources may be available for the conduct of useful re-search, the Committee notes the importance of guiding the atten-
[
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E tion and resource of programs at these candidate sites primarily on
.._..~. lz " ~::'
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licensing and NEPA activities to avoid delays in the development i
,==~
V of full-scale operating repositories.
E_
..... -.. -.. ~.. ~.
REPOSITORY DEVELOPMENT SCHEDULE Y~~""
- - - - ~ " - "
2"'.. '
- =:-
...... ::= =
Deadlines for agency actions and requirements for review of i"...
= " = =
agency decisions related to repository development are provided in
" = ===3E=="=
the dommittee amendment. The schedule represented by the b..
"L
- x..
amendment is as follows:
E'
< - - - - -. = =
'Y+E::.
By 1985-DOE selects four sites potentially suitable for develop-r:-
.,dEE.u.=
ment as licensed high level waste repositories and reports to Con-E:===
==
gress regarding selection. This selection is declared not to be a
=,
major Federal action under NEPA. DOE continues search for new
- =~===_.
=
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t"
=2 sites for future repositories. Sites are deemed approved for expedit-Z. El----
g=.
"= E ed permitting unless Congress passes a resolution of disapproval of
,.._-.J."";," ;";j.:liE.7.ME E a site.
1982-87-For each site selected above, DOE submits to NRC re-
_,.,m
~"
~
... ;'-~=.E quired site characterization plans and waste form proposals. All
~
._J:lR=:GJ" shaft sinking and testing conducted in consultation with NRC
. _ ::-.7 within the Commission's licensing procedural requirements.
~
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March 30,19881-DOE submits to President a report nominating
~~
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- ==
V a site for license application along with a final EIS on the site and
-!:: =x
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an explanation of how the site was chosen.
April 30,1988-The President approves or disapproves the nomi.
- " ~ ~ " =
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- . 55==
5 nation by DOE, or may delay decision 60 days. If President disap-
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proves, DOE must submit new recommendation withing one year.
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+
President reports to Congress regarding decision.
as=""-""EEE==@EEi===
, May 30,1988-State Board or In,dian Tribe may have exercised
.._ Z __;
right to object to approval of repository site. If so, if either House
= =.
of Congress affirms the objection by resolution with 90 days, the
......== ssen:s===i.
==
=
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site selection is not approved and another must be nominated.
-===,,
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approval system remains available for all repository site nominations through December
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August,1988-If site is not disapproved, DOE submits license ap-plication to NRC.8 For approved sites, all subsequent Federal per-
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mits or judicial challenges are subject to expedited treatment.
..=..
=a August,1990-NRC reports to Congress on status of construction
n a=su... ;;_""...s
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..= = = = ~ =
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permit.
- ==== 2 Late 1996- -Repository in operation, subject to construction w:=
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contingencies.
==
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PARTICIPATION BY STATES AND INDIAN TRIBES
( -;.. _.
"=
- w. - - = = = =....... -
States, including territories and protectorates, and Indian tribal h==
- ="
governments, are provided with financial assistance and procedural
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mechanisms for participation in decision-making regarding site se-
=.=9:
FiE lection and development activities. Such assistance and appeal mechanisms are available to governing entities if sites are located I" ="
s::=i t==..
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within their territories.
==
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AUTHORIZATIONS AND JUDICIAL REVIEW b=-
~
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The Committee amended H.R. 7418 to,provided for expedited
@2". -".-" _.
- = = = = =.
Federal agency decisions and expedited judicial review of such dect-
..==3===-
==E=-
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sions regarding candidate repository sites. Neither agency nor judi-i;!.=5"=.~".
cial decisions are limited in scope under the amendment, but per-
"f= - --"
~ ~ ' " - - - ~ " - " "
~1. =G mits and court challenges are required to be treated as very high
~ T_".-
--~".:.=""~""~
priorities. The Committee notes that repository site development ef, and licensing are expected to be technically cumbersome. Expedit-r-
_. =. =. _.. = _........
E::'
ing provisions as included in the amendment will be necessary to EZ-prevent constant slippage in repository development schedules.
" = = = =
Licensing action by the Nuclear Regulatory Commission is
["7 Es::"
exempted from the expediting language applicable to other Federal Eci : :n--
- =-
- =
agencies. A specific deadline is set, however, by which the Commis-
- a==+2 c" T_
is; =#s sion must have made a final decision regarding a repository license application, four years after such application is apphed for.
= =
= = =.......
=
=e====aEEE
=g INTERIM SPENT FUEL STORAGE
... = =..... = = = ===
=r
The Committee deleted a program recommended by the Science
- ===
and Technology Committee which would have required the Depart-r; :
= = = =.
_.. =
ment,of Energy to provide storage in Department facilities for com-
_ _. _... _.. _.... = =.
=:..
(v) mercial nuclear spent reactor fuel. The Science Committee recom.
.T.
_. _.. _..as""::;,=,=
=....
mended the construction within existing Department facilities of
=== ~~
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dry storage capacity of 1,000 metric tons of spent reactor fuel. The
-" _ '.5#., ~=,=;===
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Secretary was required to obtain spent fuel from commercial utili-
.... - "=
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":".:...A ties and store it in the new facilities, which were recommended by fif="
.,,.. l ~ ~.. "iSEI" the Science Committee, however, to be research and development 5:.....= 5: EE:=;s ;_m us facilities and therefore exempt from any Commission licensing re-E=="":' #:Mi.'rEE==3"=::!
quiremen t.
.=
Er Although dry spent fuel storage is a new and important interim MF
==::5ss:."f5En
==: _ _....z.EEEEfiE.
==
spent fuel management technology, the program recommended by
==
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= ' ~ = = = = "
the Science Committee would have initiated Federal intervention
_ ;3 in an on-going commercial responsibility of electric utilities which e.
= ="EE ge==.
- i='gh= :::E=i==EEi:
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- =-==ff=. 5..==~==:E.!!~!!EE2 5-- -
a Expedited permitting provisions for aipproved sites remain applicable until at least one b.
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possess spent fuel. The question whether Federal facilities should
= = = = =
== sara..
be provided for interim spent fuel management is a highly contro-
s=
==s-"" "=="-
=se::
versial issue which has been debated by the committees of'jurisdic-
= _
.== =t===s tion, this committee and the Committee on Interstate and Foreign
- Ei= =========== =.
Commerce, for more than three years. To date, neither Committee
~
=== :+p
~ ~ " " " =
has recommended authorization of such a program Legitimate re-d search should be conducted on dry storage technology, and such re-search programs are now being funded by Congress in the Depart-ment's budget. The program entailed in H.R. 7418 as reported by the Science Committee represented a radical intervention in com-s;i.
~ =
mercial activities, however, by providing for Federal receipt, stor-
~
u.=
m.,,.
age and management of an amount of spent fuel roughly equiva-
. _.... ~"'=
lent to the output of all commercial reactors in the U.S. for more
= =......
than a year. This activity would have been undertaken without
[
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- ===_
-"~~""=A c
fore, have resulted m a direct Federal subsidy for the commercial l=_.__ _
7_ ";;g
(^)
nuclear sector without approval of the appropriate Congressional committees. The Interior Committee has voted in the context of
- "== -
H.R. 7418 and is considering in the context of H.R. 6390 that all h:
====-
costs of any Federal waste management programs should be direct-
-~
"TZ" :r-
~"~"
ly recovered from the beneficiaries of those programs.
E."
- =
The Office of Technology Assessment in preliminary reports on a comprehensive waste management study has recommended that
=sE the most important development now needed for the implementa-
""~
tion of dry storage technology is to obtain licensing of such facili-ties, at or away from nuclear reactor sites. The committee is con.
"== - -UE
= =
sidering this issue in the context of H.R,6390.
E--
. _ = = = = =
==
INFLATIONARY IMPACT STATEMENT
~~
'~ -
-==
==-
- -=- -
((5!!:.[5 E"#
In accordance with rule XI, clause (2XIX4) of the Rules of the E==~ "--""- """ ":2.._..
~
House of Representatives, this legislation is assessed to have a minimal inflationary effect on prices and costs in the operation of
~"
" ~ - ~ "
" = ~
the national economy.,
~~
"~
_ _. _.:;"j=
Impacts of the national nuclear waste management program c
which would be enacted by this legislation will be distributed
" ~ ~ " " "
()
among a great diversity of regions and types of business.institu-
"~ ~
"~ " " = ~
tions, and is not likely to particularly affect any single segment of
==?.:.';".i the economy. Resolution of the permanent nuclear waste disposal
=="E=E EE problem should provide certainty and stability for waste disposal E _..
_._..;": E_.
charges levied on electricity consumption.
E:., =..;g:5.ce=5..fft; --ut="
COMMrPTEE COST ESTIMATE AND BuocET AcT COMPUANCE
[5Er ~=E+.=ir:i"" " i===
- +="
==.E=~!.:Ji=:
Y 7".;=*"""
~"
In accordance with Rule XIII, clause 7(a) of the Rules of the EE House of Representatives, the committee has made an estimate of x.g="=.. _ _=
2 the budget authority which would be required to carry out the pro-
~
-"".".T.T.
- ~"
visions of H.R. 741'8 for the fiscal year beginning on October 1, represent ongoing programs of the Department of Energy the Nu-
.~;
- 3h5; ".:
e programs specifically required under this recommendation
" " ~ " - " '
=
clear Regulatory Commission and the Environmental P,rotection
===EEEE
= " - " - ~
Agency expected to be included in the budget requests of these
f"...="~"=
agencies for fiscal year 1981. Certain programs to provide technical
_- ~ ~ - " - = = ~
-- X?!E E EE=="
or financial assistance to States or Indian tribes may require new
= ".
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August,1988-If site is not disapproved, DOE submits license ap-plication to NRC.8 For approved sites, all subsequent Federal per-
._ = = = = = = = = """
^.....
"==.
==
mits or judicial challenges are subiect to expedited treatment.
==
August,1990-NRC reports to dongress on status of construction W.._==
sans?l.i___
permit.
" " ~ " - = =
==
August,1992-NRC must make final decision on construction e.=s==EEE=5E
"=
permit.
- = " " "
- =
Late 1996- -Repository in operation, subject to construction contingencies.
d.. ::--
=
=
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PARTICIPATION BY STATES AND INDIAN TRIBES g
States, including territories and protectorates, and Indian tribal EE Es governments, are provided with financial assistance and procedural
=
mechanisms for participation in decision-making regardmg site se-lection and development activities. Such assistance and appeal E==_. =..
". _. =.
=..
2.=
e_ _. -
mechanisms are available to governing entities if sites are located
="_"_._..." T -~"
f-m, within their territories.
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~ ~. _.. _.
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"==
AUTHOR!ZAT1oNS AND JUDICIAL REVIEW
{,, j""
The Committee amended H.R. 7418 to provided for expedited
"~" " ::_.
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=~~~1
- _. '. = = -
Federal agency decisions and expedited judicial review of such deci.
E9====="
sions regarding candidate repitory sites. Neither agency nor judi-EEE=ft"-"-
" " - " " = = = = "
cial decisions are limited in scope under the amendment, but per-
=
==_
E
==
mits and court challenges are required to be treated as very high 3:s=:.-
l=.9:
priorities. The Committee notes that repository site development 3=
s=f=
cnd licensing are expected to be technically cumbersome. Expedit-
= = = =
~
~~"
ing provisions as included in the amendment will be necessary to Es l'E"-
_. =..."..:......
prevent constant slippage in re[uclear Regulatory Commission sitory development schedules.
EE
~ ~ ~ '
==
Licensing action by the 1 is i";"
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______=
exempted from the expediting language applicable to other Federal agencies. A specific deadline is set, however, by which the Commis-
- .~
- ; 9; ~,~._ _.._=.y#
- ME.
s==ms
....,,_"_T;l=.:.;:gl.;f=
sion must have made a final decision regarding a repository license
~:_..._..-"""""""--""
1==F application, four years after such application is apphed for.
E":
INTERIM SPENT FUEL STORAGE
~"~'=55.... !!E5 '=
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)
The Committee deleted a program recommended by the Science F=
=s/==== "= =f and Technology Committee which would have require'd the Depart-
=
= = - - - - -
a===="=.......
ment of Energy to provide storage in Department facilities for com-
' ="
"=
==
=-
- -. = =
mercial nuclear spent reactor fuel. The Science Committee recom-M
==
mended the construction within existing Department facilities of s-
.._.p =
==.+ e dry storage capacity of 1,000 metric tons of spent reactor fuel. The E"::l.E
_.== _...
- ==an....
Secretary was required to obtain spent fuel from commercial utili-E+:.:.a= :s=
._.==
ties and store it in,ttee, however, to be research and developmentthe new facilities, which were recom Fg=gf====== g=.7.;;;-
the Science Commi
==-
.., = = = = =
==
facilities and therefore exempt from any Commission licensing re-a mas =#Er=
d.3 ^"
quirement.
Although dry spent fuel storage is a new and important interim f
~~".E.'...."~"
spent fuel management technology, the program recommended by g _
~~"i"1 "_]l;- ] ]. M M.@MQ::.ji. ire the Science Committee would have mitiated Federal intervention
- r
- _.
s==;.....
in an on-going commercial responsibility of electric utilities which
- l_ll;g.;;; ;...___ ;r n===~===._""
=... ". ".. ".. _.."""- " =... "._::.:.....::::
.. = = = = = = =
' Expedited permitting provisions for approved sites remain applicable until at least one h.
_ J. l."i."is...... "" *-
censed repository is operating.
==
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18
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=an
_""" M gg or increased budget authority after fiscal year 1981, when waste re-
=
==
=..
pository sites may be officially nominated, triggering a need for new Federal assistance programs. The recommendations should not sG==... --==a = - "'
significantly affect budget projections for fiscal year 1981.
c.1...l.1~;........... --
x...m_m._.r s
"-"~zz.l'"-"
===&_.__..
At such time as waste repositories constructed under the Act j.i! =r
.5. "." "" "' " " Z..
"" T.f".~.~._ ~. ". '_..
become operational, and when the Secretary-begins to collect fees J:.
for such disposal as required under the legislation, such fees will be L
" " ~ ~ ~ """"""
'=
used to offset the costs of the program to the Federal government which have been incurred under the program.
EZ Z--
..=.' " " ~ ~ - "
The analysis of the Congressional Budget Office follows:
U.S. CONGRESS,
==:
CONGRESSloNAL BuncEr OFFICE,
-==
IVashington, D.C., August H,1980.
=:.:t2
,.....:~Eii "E
===- =S" "
.......'.;f.....
Hon. MonRis K. UDAM.,
iG-
==
Chairman, Committee on Interior and Insular Affairs,
==
U.S. House of Representatives, Washington, D.C.
~=m=
==
DEAR Ma CHAIRMAN: Pursuant to Section 403 of the Congres-
~ - ~ ~ ~
-s u) sional Budget Act of 1974, the Congressional Budget Office has re-i:: n_
.....'"-".ll~~~~~
4 viewed H.R. 7418, the Nuclear Waste Research Development and
~ ~ "
_ = = =.~"
ZZ..
_=
Demonstration Act of 1980, as ordered reported by the House Com-t==.=~f
..:2x2:'
mittee on Interior and Insular Affairs, August 22,1980.
The bill establishes procedures for the selection and approval of Es;". "_"_.Zu:;J.
"~-"~~~~~:r-~~":_....
21 -_.
_.=,.z.
"-" "~~
a federally owned high. level nuclear waste repository. Specifically, the bill directs the Department of Energy (DOE) to prepare site se-
- 1..... _.;
"'~"~".....
...- " = " "
lection criteria by February 1981, to identify four possible reposi-
- .
- ."px
!=
tory sites by 1985 and to select a site for development by 1988. Con-E=E _ _,
gress may disapprove with a concurrent resolution the final site se-
.. _.. _==
==
lection proposed by the President. State participation in the site se-E r__
7;.g7g.;g lection process is also provided by the bill. Sta,te,tial four sites are
. _ _.~"",:....:.s2,=
review boards are to be established in those states where the mi
- 2 _._
identified. The boards are to advise the Secretary of Energy and "z:?
":=EE^= '
are to receive federal technical and financial assistance. In addi-i..
"E===EEEEE
....-.........E=
====E="==-
- _. _..rr":"T "==
tion, the Environmental Protection Agency (EPA) and the Nuclear
- ~~~~~~"
== J a==,
Regulatory Commission (NRC) are required to develop regulations regarding high level nuclear waste repository licensing.
.. = = =
The Department of Energy is directed to collect a waste disposal
==
=
/_
fee to cover all directly related costs for the selection, development, h=
=E EE 3
and construction of a waste repository. The use of such funds will
-==U? s be subject to annual authorization and appropriations action. The 2.:J=l=F~'
Department is also to study the advisability of imposing a fee on
~""" ~ ~~~
repository users to fund an impact assistance program for commu-E-
==
nities where repositories are located.
hr.
.; Msg.,Eg="{gs The bill does not authorize the appropriat,on of funds to carry r=..
==z==sgs:..:-
- _es-i out the re. quired activities. Existing and planned efforts by DOE,
'""... 2"31.. T """. ~ ~ ~ " -
EPA, and NRC are apparently in accordance with the intent of this
- =
- ~;;;;;;;;._... _
7_~_ _
y.m
- gg; legislation, and no additional funds are expected to be sought for gg.g ~ggi=====.
7;..,_g....;.
fiscal year 1981. Site charactertzation costs,by 1985, however, could 3g;;; 3._
..._;=;.=l.:.
is;= =
be significant. Depending on how extensive exploratory drillmg and testing activities are and the nature of the sites selected, char-
___~ " " - " - ~ ~ ~ ~ ~ ~ - _ " - = = = = = === = ~
acterizations could cost up to $125 milhon per site, or a total of up
=
~
- =i":E EE 5 Mts = =
to $500 million.
"-"=?-:l.~:=9 =ead-
="-
Design ' nd construction costs are highly uncertain pending the
-=
a selection of an actual site and storage method. Preliminary esti-
- :======- aca.._
=-
ca.c -EEE=E mates for demonstration facilities, however, suggest that such costs
-==EEs s a==#=
for a full scale facility will be over $200 million. No significant ex-
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penditure for design and construction are expected prior to 1980.
.em.
=
The cost to provide assistance to the state review boards is project-
"~" """
y
=...
ed to total $d to $6 million after 1985.
y While the bill directs DOE to collect a waste disposal fee from
= =..
==.
"9 users, no receipts are expected before 1985. Department plans re-
==.... _....
..;..,._=ll;;;.,
garding this fee are not expected to be developed until more is r"=sr"
~'
known about the configuration of the selected site and storage
",;l7 m..,,..,:X:g;"r'
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a method.
Should the Committee so desire, we would be pleased to provide further details on this estimate.
~
_ _...j
""f.r."
0.1
==r Sincerely, JAMES BwM
== " =1 24 (For Alice M. Rivlin, Director).
g.gg:
=
i=a OVERS!GHT STATEMENT
... 23!!!""
=pii
=j
=g
==
In connection with its responsibilities under the rules of the f-
====q House, the Committee on Interior and Insular Affairs has conduct-3
==="
()
ed hearings on nuclear waste management issues and the develop-g-
'.". ~.1.. '.Zi;====La ment of a national nuclear waste management program. The com.
_4 mittee would exercise continued oversight over programs developed
[l !..Z ~~~ "- "
~ ~ " " " ~ " " " "
2 committee pursuant to rule X, clause 2(b)(2).
E !- - --
pursuant to H.R. 7418 to assure comphance with the requirements El; :'" - _.
of the legislation. No recommendations were transmitted to the
"~".. :".. :"~ ~
e,.
T COMMITrEE RECOMMENDATION F =~
b=-
p._ __ '
The committee recommended, by voice vote, that H.R. 7418, as
"""r==E
- =E=r cmended, be enacted.
E
~
==$
SECTION BY-SECTION ANAI.YSIS OF H.R. 7418
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i=:1 llq (As ordered reported by the Committee on Interior and Insular
- ZZJ.
Affairs) is :
"~~f
"~ --~ "
.= x =.:.;5 Sec. 2 sets out findings and purposes for the Title.
~
~
~""~"="5
- Sec. 3 sets out definitions for the Title.
__ L_.C.;i.=;7 g
Sec. 4(a) directs the Secretary of Energy to select four sites for
- :j
'y possible development as licensed.high-level waste repositories by
- "Z:
..i
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December 31,1985. This selection is declared not to be a major Fed-
=x
==
eral action under the National Environmental Policy Act. The Sec-E"
"-~~
retary is directed to continue looking for additional sites after this E!:
"X-i@E........=u
'd initial selection.
E5Jd5". "9'" ~~"=9=15 d
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==
Sec. 4(b) requires the Secretary to develop criteria for selecting
=EE riE==n
="
sites for consideration for repositories.
==
=i Sec. 4(c) requires the Secretary to comply with procedures set uut "r~.
.... ;n=-
by the Nuclear Regulatory Commission for characterization (study-
~ :.."- - :s==u se===
2E tj ing and testing) of repository sites. Section 103(c)(3) limits the
- "~=T
==
amount of high-level waste which can be used in site characteriza-
-...._.. 3
~I.?isi;;<=:GIM tion activities, and requires that any such waste be removed from
...... _J;s.~"7":"-;:iii;E~"iid
=
sites which are not licensed for operation.
-2.".~~L;;5M.i.""EE.... #
Sec. 4(d) requires the Secretary to select, not later than March
==--
30,1988, a site from among those characterized to be recommended a_-
===._x=.=_.J";:.,;'!;.63
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e 9
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- =.=-..=
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20 for application for licensing for construction and commercial oper-
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... _ ~
ation as a permanent waste disposal facility. The Secretary is re-
..=_...~......r--
quired to provide a report to the President explaining this recom-a
==
=====.
_=3 mendation. If the site so recommended is disapproved under other E===
...... _. 2:.
sections of this Act, the Secretary is required to provide a report to
"-~.?
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==
.. = =
~~~
the President explaining this recommendation. If the site so recom.
h=== -
mended is disapproved under other sections of this Act, the Secre-
---=.;=,=.~....
"3 tary is required to propose a new site for license application.dec. 5 sets deadhne jE _. _.
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~~
~~
regulation of high-level waste repositories.
~" "~......
"~"......
"E" Sec. 5(aX1) requires the Nuclear Regulatory Commission to pro-
"~~
"=E" mulgate standards and requirements for licensing for high-level
~
.:a waste repositories no later than June 30,1981.
Sec. 5(aX2) requires the Administration of the EPA to promul-E== = =
5" gate general standards for repository licensing by January 31,1981.
Sec. 5(b) requires the Commission to report to the Congress on
"- I the status of the application for repository licensing submitted s
==-
OV under section 102 not later than 2 years after the appheation is re-i ceived by)the Commission.Sec. 5(c requires the Commission to make a final decision on the
= = - - - - - --
" =-
license application submitted under section 202 not later than 4 years after the application is received by the Commission Sec. 6 provides criteria for participation in repository develop-ment and impact assistance for states affected by repository devel-
\\"
r-"-
==
IZ opment.
Sec. 6(a) provides criteria for constitution by States of State
= sis._
s- - -- c-Review Boards which would be eligible for authorities and benefits under the Act. Such Boards could be constituted as determined by EE------
== =3t.j.= =m.. ""~ ~.".T.
-.. - ~ ~
the State under State law, except that the general pubhe, affected
- =..
-...s Indian Tribes and affected local governments must be represented,
===-
"--"" - - --..= !:si: ""f C and the Board must hold meetings open to the public at least once 4
~~""'
.... ~
every two months. A State Review Board would have authority to ll:Z".g.~l._.. M "" _""_"
represent the State in participating.in waste repository develop-
===-
~~~""~~~:.l........," " " " ~ " -
ment planning, petitioning Congress to block development of waste
- ~ = = - " ~ ~
repositories, and developing requests for impact assistance.
Sec. 6(b) provides that a State Review Board may, by a majority
=.
vote of its members, petition the Congress seeking disapproval of
[O
'J the selection of a site within the state for application for heensmg
"=
=
for permanent waste disposal facilities.
..._.. e n e
Sec. 6(c) provides that a Board may request financial, technical
-5 T_
or legislative assistance to mitigate impacts of waste repository de-E:.^=== M.E=== =iE"E E5:=J.~.".:.~~ s;.:.
M
~
velopment.
Sec. 6(d) directs the Secretary to provide funds for the operations E."""===E"+"is:ljE=s==
of State Review Boards, except that at least 10 percent of the costs ZJ.~7- =
of the Board must be provided by the State. Funding for a Board is
= = = = = = + - - -
. =.. = -
terminated one year after a repository commences commercial op-
_ ";"_ r;. "-"..===s=:
=
eration in the pertinent state.
=-
-== _ _ _ = = = = =
Sec. 6(e) recognizes that a Board may participate m, proceedm, gs
=
relating to licensing of a waste repository.
.=:.
Sec. 6(f) requires Federal agencies to provide complete and timely s=- - -...
=jf: rr.!gEir: =1 information to State Review Boards, and requires the Secretary to p.-
_. ~"' ~.l.";;;;;;;";;;;; _
E== -
enter into cooperative agreements with States to further coopera-
..===_.. _.,.._.:.=.f:j;; _
tion.
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21 Sec. 6(g) directs the Secretary to conduct a study regarding col-lection of fees from nuclear utitlites to be made available to com-E
- infi 4'
munities affected by waste repository development.
F=".." " " " " ' " -_....
.;r_g Sec. 7 provides that Indian tribal governments have the same au-
=~"
thorities as State Review Boards and are eligible for the same as-
....=#"
...c=~sEsi sistance, except that the Federal government would pay 100 per "l._._
" "" "ll_.. -
~ ~..
4 cent of the costs of the pertinent activities.
..,, ; =,_.. =.;=l.i Sec. 8 provides for approval or disapproval of repository sites by
- ~ -..
a affected States, the President and the Congress.
._...__.-s Sec. 8(a) provides for Congressional disapproval of sites selected
~"
for characterization for possible use as repositories through passage of a concurrent resolution.
Sec. 8(b) provides that th'e President may approve a repository
"=
site for license application, thereby rendering that site eligible for
===i expedited procedures under the Act, unless a State Review Board s::.
e..
c..
=.
or Indian Tribal Government submits a petition of disapproval to r
== "iiis the Congress. The President may also either delay a decision on h __
M the site nomination, or disapprove a nominated site. (If the Presi-
"""-".=._=.=.=
==-
dent were to disapprove a site, the Secretary would be required 1
under Section-102(d) to propose another site for approval within 3.......
3 one year.)
Sec. 8(c) provides for Congressional disapproval of nomination of bi21 l
a repository site for license application. The Congress may disap-2"""~"~~
"~-"
~
prove the nomination if either House approves a resolution affirm-
- =_.
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l PROGRAMMATIC IMPACTS OF H.R. 7418 As Approved by the House Interstated and Foreign Commerce Connittee August 27, 1980 i
Sunnary of Impacts Because this Bill requires the Secretary of the Department of Energy to select sites for high-level waste disposal denonstration facilities "as soon as practicable," it would entail some near-term redirection of NRC resources from providing regulatory guidance for permanent geologic disposal to guidance for disposal demonstration with intent to retrieve the waste by C) the year 2000.
The need for such guidance on these demonstration facilities is underlined by the requirenents both for NRC concurrence before the beginning of excavation for the demonstration facility, and for NRC orders to stop any on-going or proposed DOE activities that the Commission cietermines a present danger to public health and safety.
This guidance would differ from that for. permanent geologic disposal because the demonstration facilities are to be discontinued within 20 years.
While the Bill suggests an intent that the four demonstration facilities l'D U
be. sited to permit eventual permanent disposal, the co-location of such
- facilities with repositories cannot be presumed, particularly if both H.R.
7418 and H.R. 6390 are enacted as reported by the Commerce Connittee.
There are two reasons for doubt that demonstration and permanent disposal will be undertaken at the same site.
First, given the Ottinger amendment
' authorizing NRC stop-work orders for any danger to public health and safety j-during demonstration activities -- with no reference to kind or degree of danger -- DOE may wish to avoid giving the Commission such sweeping operational control over its characterization activities for a permanent repository.
More important, H.R. 6390 limits the use of radioactive materials during
. ~
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2 site characterization to the curie equivalent of ten metric tons of spent fuel '(compared to 40 tons of waste allowed for demonstration), and the Commission must concur that the use of such materials is necessary to provide data to support a license application.
Thus, it would be difficult,
'if not impossible, to conduct' demonstration-activities under the time and quantity constraints of site characterization. This is to say that the
. two Bills in their present form may well result in. the selection of eight sites instead of four, and a corresponding increase in NRC requirements for regulatory capability.
p)-.
y Alternatively, if no Bill comparable to H.R. 6390 is enacted, the programmatic impact of H.R. 7418 on NRC high-level waste management activities could be
- considerable. Sufficient demonstration of a technology for waste disposal would blunt the impetus for licensing a full-scale facility, and DOE
+1 might well conclude that it would be easier to get a license to expand an operating facility after several years of demonstration than to press ahead now for a full-scale repository at a separate and comparatively
-Q untested site. This strategy would, in turn, tend to moot the need to develop;NRC regulatory requirements in the near-term, particularly since it is reasonable to expect advances in waste form and near-field containment technology, more refined assessment of disposal alternatives, and better knowledge of-geologic behavior under disposal conditions by the turn of the century. Enactment of H.R. 7418 as approved by the House Commerce Committee without more comprehensive companion legislation would thus tend to make an early and significant expansion of NRC waste management program resources unnecessary if not unwise.
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l Outline of Major Provisions of House Commerce Committee H.R. 7418 Affecting NRC I.
Site Selection A.
The Secretary shall identify four potential sites for high-level waste repositories in the continental United States, two no later than the fourth quarter of FY 1901, the remaining two by the end of i
FY.1983 [Sec. 3(b)(1)]
B.
The Secretary shall, as soon as practicable, make the final selection of sites for demonstration repositories under the program.
Selection ey shall be made soon enough to permit attainment of deadlines for v
commencement of operation [Sec. 3(b)(4)]
II. Program Establishment A.
Not later than 60 days after date of enactment, the Secretary of Energy shall establish research, development, and demonstration program for the disposal of high-level waste (HLW), which program shall include integrated technology demonstrations [Sec. 3(a)]
B.
The Secretary shall design, construct, and operate at each of the four selected sites a demonstration repository for HLW.
The
,,U first such repository shall be in operation by the end of FY 1986,
- the second shall be in operation by the end of FY 1987, and the third and fourth shall be in operation as prescribed by subsequent legi sl ation.
C.
Demonstration Repositories:
1.
Shall be no larger than appropriate to conduct the necessary research and development to demonstrate the safe disposal of HLW.
2.
Shall be designed for a maximum of fourth metric tons of HLW.
. (3 (3
q, y 3.
May be mined at depths and constructed by methods similar to those used in full-scale repositories [Sec.3(c)(2)]
D.
No waste may be placed in a demonstration facility unless:
- 1.
The waste is owned by the federal government and is the result of unlicensed activities; 2.
The waste may be retrieved; 3.
A place certain that is physically capable of receiving the wastes, as determined by the Secretary, has been identified to receive the waste after termination of the program.
[Sec. 3(c)(3)]
E.
The operation of any demonstration repository may not extend beyond the year 2000 [Sec.3(c)(5)]
F.
The Secretary may place in such repositories canisters of solidified HLW contained in engineered barriers. The Secretary shall consult with the Conunission with respect to the development of such barriers.
[Sec. 3(d)]
G.
None of the activities under the program preceding excavation of
/'~'t V
repository shafts shall be considered a major federal action under the National Environnental Policy Act (NEPA).
[Sec. 3(c)(4)]
- III.
Site Characterization A.
Within one year from date of enactment, the Secretary shall enter into an agreement with the Commission to establish arrangements for review and consultation by the Commission on the Program.
[Sec. 3(3)]
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- i B.
The Secretary shall submit to the Commission for review and coment:
1.
A plan describing how site characterization activities will not disturb the geologic integrity of the site; and 2.
A plan describing the form and manner in which HLW will be placed j
l in repositories under the program.
[Sec. 3(e)(1)]
C.
The Secretary shall conduct at the potential sites such tests as may be necessary to provide the necessary data for compliance with NEPA, and shall report to the Commission on such tests and the information developed from them.
[Sec. 3(b)(3)(B)]
D.
The Comission shall specify with precision its objectives to any provision of the plan.
[Sec.3(c)] If the Secretary does not revise a plan to meet objections specified in Commission comments, the Secretary shall publish in the Federal Register a detailed statement for not so revising the plan [Sec. 3(e)]
E.
The Secretary shall submit to the Comission safety analysis reports and such other information as the Commission may require to identify any danger to the public health and safety. [Sec.
O
'V 3(e)(2)]
F.
The Secretary shall not undertake any excavation of a site for a demonstration repository before receiving Commission concurrence.
[Sec. 3(e)(3)]
G.
The Secretary shall afford the Commission access to the demonstration repositories to enable the Commission to monitor to assure public health and safety. [Sec. 3(e)(4)]
m.
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, IV. Demonstration Facility Construction and Operation A.
All demonstration facilities authorizd by this section shall be constructed and operated as research, development, and demonstration facilities ~ pursuant to Section 202 of the Energy Reorganization Act, and shall be constructed and. operated in accordance with all other applicable law. [Sec.3(g)]
B.
If the Commission determines that any activity or proposed activity i
of the Secretary under the program presents a danger to the public
,n health and safety, the Commission shall issue an order directing the Secretary to cease or not undertake such activity.
[Sec.3(h)(1)]
C.
If the Commission issues such an order, the Commission shall publish it in the Federal Register after giving notice to hold a l
public hearing on such order as soon as practicable.
[Sec. 3(h)(2)]
D.
The Secretary may not conduct any activity prohibited by a Commission 1
\\
oNder and shall take such actions as may be required by such order.
[Sec. 3(h)(3)]
[.
'V.
Annual Reports i (')
V A.
The Secretary, in consultation with the Commission, shall make an annual report to Congress on the program.
Such report shall include:
1.
A description of the activities undertaken and costs incurred; 2.
Activities proposed to be undertaken and costs proposed to be incurred; 3.
A description of problems encountered in program implementation; 4.
A description of hearings held; 5.
Such separate views ard recommendations as the Commission may include in the report; l
6.
Such other infonnation as the Secretary detennines appropriate.
I
[Sec. 3(k)]
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Union Calendar No. 782 96Tn CONGItESS A
MA 2n SESSION Q
Parts I, II, and III] h_ 94
[ Report No. 96-1156, h Det'
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,,.c To establish a research, development, and demonstration program for the dg#f/
sa of radioactive wastes.
M
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719 % )z IN THE HOUSE OF REPRESENTATIVES 31AY 21,1980 31r. SicCORMAcK (for himself, 31r. GOLDWATER, 31r. ffQUA, and Slr. WYDLER) introduced the following bill; which was referred to the Committee on Science and Technology
,1ULY 2,1980 Additional sponsors: Sir, Ilos, 3!r. FORsYTUE, Str. WINN, sir IIADl!AM, sir.
IllfRGENER,3Ir. CLEVELAND, sir. I)oPGilERTY, Alr. EMERY, Slr. 8 VANS of Georgia, Alt. IIEFTEl., Slr. SI ARKM, 3Ir. 3IARTIN, 31r. AllTUllELL of New York, 31r. 3!URPliy of l'ennsylvania, 31r. SlesTo, Str. ItoYER, Sir. SEHE-LIUS, 3Ir. SPENCE, Slr. STANGELAND, sir. WALKER, 31r. Wil!TEllFRST, Sir. WON l'AT, Alr. l'ic K LE, 3lr. l'It E Y E R, sir. CilAPPELL, and 317.
SicCLORY
.lULY 2,1980 lleported with amendments, referred to the Committees on Interior and insular Affairs and Interstate and Foreign Commerce for a period ending not later than August 1, 1980 for consideration of such portions of the hill and amendments as fall within those committecs' jurisdiction over the regulation of the domestic nuclear energy industry under clauses 1(k) and 1(l), rule X
[ Omit the part in brackets and insert the Imrt printed in italic]
,lpty 30,1980 lleferral to the Committee on Interior and Insular Affairs and the Committee on Interstate and Foreign Commerce extended for an add;tional period ending no later than August 22,1980, and August 27,1980, respectively
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lieferril tithECoinniittk'oriliNir$r ad..d Imiular Affairs extended for an
.n S ( 2iulditidnM periodinding/rA intN harfdiirust17,1980 U
Aroesr 27,1980 1(eferral to the Committee on Interstate and Foreign Commerce extended for an additional period ending no later than September 3,1980 At'ot t sT 27,1980 liepe-ted from the Comraittee on Interior and Insular Affairs with amendments l Strike all after the enacting clause and the part printed in italic arnl insert the part printed in holdface romani SEPTEMBER 3,1980
}{eported from the Committee on Interstate and Foreign Commerce with an f
amendment, committed to the Committee of the Whole llouse on the State l,
of the IInion, and ordered to be printed IStrike all after the enacting clause and the part printed in italie and insert the part printed in inddface itahe]
A BILL To establish a research, development, and demonstration program for the disposal of radioactive wastes.
Be it enacted by the Senate and House of Representa-1 2 tives of the United States of America in Congress assembled, 3 T-hat this M may be eited we the "Naclear Weete Research,-
Develop:nent, and Dc:nanutratiaa M of M80"-
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en:nr:ca **n er:: race 6
See- & (a) The Congrc= hereby fm49 that--
G) nuclcar ener~.v is a relatively safe and environ-7 b-e mentally eleen means of generating c!cetrielty,- and na-8 elee medicine is a vitel part of reaching almost every 0
10 conceivable mediea! prob!cm;
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@) the wastes generated themgh the use of im-
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...my 13 aeter c!c:::gc k nea!!a!;!c le veeeiee opent feel,- effete
- ': ' ' ^ ' ' '
t'e '.. m- ~'~.' te....:..'.'... oneite full 14
..,.......~..,,.y.
r for eneh.,,..
1a eere.~.,.,-.., and. -.:.,,. L.1e
,.,m.m,, L. ~m.1m 1g w.,, m.. ~ gggg;y ye i...a..,., ~1 ggy mi,,,..,....., ~p,
.y m
..m~
l'i (5) the ekleet spent fuel a:,::c,:!!!c:. at thme rene-18 tee in need of Imunithmal c!c: age heee y:..:..:!!y been 19 in elemge a deewie er meret 20
{G) cc:n;n. red to fuel dheka
' fe mte yee the r
21 eldeet =c: n':!:ca ee eeneklembly len :. !!',ue!!:c, we 22 ebent eeven timee imeer in heet
..:...on7 and pese
~, :,
tr
.i:~.m,:
o.g
.~~,... _1, m m y~geng,;g y of.imm r~. ~. g;..m m,m.. m yme,
.my 24 med
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4 4;9 fe eueh event fmh d+y elmge in ni+' in gul-1 je g eg g; ~..:..,:..,. g 4 g ge, _a ~...,.....a. (m,..
.r:.....,:~.
..~
o
- ..a!c:% ehedd be de:::c:.::!:::!cd an eempumlieely in-3 c.cp.. ice,- eefe etmye alle:..a!!m te othe stemye 4
..~.... ~. under m'_,',,,.....'. "
5 G
(b) The i nri:caes of dde Act are-4 (4) (e __-. _..u,.:. i.. a d:. m~".m~i emd
- m. m m- '.,"7rm^ ^ m^ ^.. m' ',-
c.
. :. n.,..,.....n m flee De-8
,.....,., ~..m..., and m.,... ~...,.. m....
i.
3.m.
m
..m, partment of Energy for the digesal of high-tmd low-9
...1.,_...
m m m.,. m.
.,.,... _. ~,.
10 m.,_,
(9) to eenfirm the exi-t nee of teelmelegietd solu-11 m..... :
,.. m. m m m..,. _
u 3,.. :... og u.i.. i._, m..i x -.. _...s ms.
m 30 gg,3 gg, m
m 13
,,mm...,.
14 (3) te develep the ex;;crience, date, and infc=m 15 tien nece=ary for the De art:nent te build emd c;; crate
}g
{g}Q 1.:.1.
1.<,.,..1 m,1 : m.,... :,, m g m... ~.m;. m,: m.. tuy im m.mmmmm.
ms.
17 (4) te develop ad..nced teck.uiues for relueing r
18 the,ok:ne and digesing of k,, k,cl radioactive 19 m..m 20 (4) te :...dcr!al:: a reneeehr de:c!cy:::ent ned 21 de:..:..:!:ntkm prog:m: : in the Dcpart:.-.:t {w twns-22 timmt d+y ::!';n:ge of event {wd in y+:!!:; a; 23 (G) te cc::fi.... the :.."!c..cc of !cc!:aclog: 4 meth-24
& and udup!a';!e fu !!!!!c, {w neek."!'.ay: of fmh 25 and
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rel 1
m te we tec!::.c!::gy :!c,,u..rtn:!!<m f:: !!!!!-, (w 2
eneh Mmwje fe the puri;ca: ef dccc!::;:.;;g the c:;;,:-
3 eneer date-and i;;fo,...: tic:. ::cc-..r;; fe the Deja.rt-4 ment le wiert l::ci!!!!ca and te opemte !:::y;c;niee {neili-5 lies for !n:,u iticn d dnj r!=:ge in !ja!!c.-.
6
- c :-u=L w*wees Seer m The _e ~
..... of m...... (L.
.:...r.r r.. ~J n
v
..u.,.
m. 3,7
.m
..u.
..m 8 to as the " Secretary") shally not kHer than si*ty days after 9 the dete of the enact:ncat of this Aet; estah!!sh a reereh-10 develetunent; aml demonstration progra:a fee the disposai of 11 '. : s~'.. ' m- ", m.',u"u.,..".",. waste (in this eeetien ealled ". u."m",',
^
ke UC.O C Ilkff ec INO.Oh,'y*.c:UOnstre M M te h 13 i:nple:nented as feHewe 14 m
e ~, _...
i n :2 ~.'.:r..
.~.:_. m n..
tty
, Ltt4t.u f. Pitttti ut
6'"""".7 15 distributed re :csitor.y sites in the et,ntinenttd United 1
10 States, at lea 4 ene of whieh shah be leeated in eaeh of 17 the ~ " m^.."., m. 'm' u".', and.". _^ ^ '. s..". -~~:. > of the United
. < s.v 18 Ste% A4 eneh eite the Secretary ebeu acavate to 19 previde shafts for site characterization, suitab!c for fur-20 ther deve?op:ne:it inte den.,astratic:t repeeiteries-Sueh 21 eites eheM he suitehle fer futere fun-serJe repaaitories.,
22 but in ne event dull be nuvi fee cc,:..:
r ad 1:cti:itici, od-
. : a,. v~u., r..
1, fu,.a.., r~....r...:..-
fM)r.,... _.een fulftt-uu um n y uu u. n uu.uu 1u.3,vema 24 fuisifig delitys iii the progra:n, ernpha-is <ditin he given 25 te federa#v ewned sites, inekulina but not lindted te e
O O
J
(>.
shes where wete hits been Meted er de;n, ited %
1 eensidered shall include but net be liinited te the fel-2 3
lewing geologie medet Bemb te#; granite; end 9alk She seleetion *han be based upon the i>rin:i;>!e Nta+ Nte 4
...etes kmdved 4 mil be isolated from the biasjaere by 5
engineered barrier *; develo;;ed :ureauat te imragrai:h i
G 7
% with subsequent isolatit,n by geolegie eentan:.nent.-
h leeatime of the fir *t two sites sham be identified 8
ist later thtm the eml of the first :;uarter of fheid year 9
W84 and the third aml four+h ei+es by the end of ftseal 10 year w8W Nene of the netusNw in thin. a!:pa.::y;;;p?t 11 12 ine!:.:!!::5 the wneetum for defin dmk he to:. ::!c.::!
13 te he o mejee Fe:!c,a! netum p...
.a::t te a::!= ~ e!!:~:
14 102(,?)(C) of the Nutiemd En. :.~~.....:!:Fl #
'!! det 15 e/ #GA 10 (19 h secretary 31mn de4g*; eenstruct, aml op-ertt+e fear techno!cg., &.nonstratian reichery faeilities 17 18 (herein referred te as "de.acustration repositorit '") for 19 research atul develcinncut i: urin, m, tt+ the f+hes ee-leeted en the leis of the ei+e eheriteterietttien mtder 20 imragra;& % h deimetre44en rein, itories *ltaH be 21 in oi:cration by the end of fleetd year W86 for the first 22 ttltd fi*etd vetir N for Nte see atl, wiNt c'1 eratio:t of 23 24 Nte Ntifd ttttd fetifNt Gut!c;jnited by Nte ef}d Of ft'+ettl yeer W94 Sueh de:....,.etrati~,n rein,'itaries 91mH be 25
r I
uttuap u} padttS **f *****ataP W 54ttmps sn;;ugja o
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8 veastes shall be containe'.! in engineered barriers which 1
shall inelsle but not be ihmted te overpack canisters.
2 I
3 Sneh barriera ehall be designed M twemit the move-4 ment of radionuclides out of the container fer the time 5
needed for the health hazard of sueh wastes to beeeme 6
cc:nparable te the health hazard of the uraniu:n ere 7
mined M -.<. e< ueh... m.m^ '. N.'.~'
.e of ~m,3.:d:c..3 m
3m.
8 weste shall be prototypieal of that suitable fee perme-9 neat placement in a fulWale repo;itory emd shall be 10 ready for placen: cat in any de:nc.:stration re ositor.y at i
11 the mm"".s-"..".ted titne of m^^..". '.^* :.^.i of eueh rm",^ c".'
.,"7 A
i r
New YeFh Maybeuti-12
-EThe waste at Weet %tlk"'T 7
13 lieed for all purpcaca under this acetic:..]
14 (4) As seen as is practicable, and on a e' nti.:uing 15 hade7 the Secretary shall eensult aml coordinate with 10 the apprcpriato State effieiale regarding the Depart 17 ment 4 phms for; and constructian of; the techac!cgy 18 demonstretien rep:, itories whiek are planned a be 19 eited in each State:
20 (s) Genestent with e*ieting law; all de:nonstration facilities authorizcd in this secti,,n shall be et,..structed 21 d m' '. s, i....'. ',
-^
and mi,<.-.' '.^ > as. s,.... -. ",e. d. m' Oo m.
. m.
u t u..m.. o +
m
- ten rut. u.4 :,1 n.
A m.m tm, *1:
9 9o el
.wuu, us 24
@ 1%w k m h'.ht:! to be i;pp ::p.. :!c:! te the 25 Sce;d:::y to emey out thh neetimt m fee the {+mel
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9 1
year c-nding Sepic:nbec 3% 4924 the ewn of 2
$96,100,000 reduced bje eueh eume ne enj be auther-3 ieed fee the seme pu:pcccc in any Depart:ncnt of 4
....,, freeel gene 1984 '.."...
.' ^. ".'.'. ^... ".'. ten stel,-
5 and 9) for cubccquent fieeel yeare eueh emne ne may g
gg..., t. V fm.:. ~ i
.r~ :,x.L,:m r..~ r.,L I-
,~r
.4. F
.&L m b
.U E. %F # 5
- .OF bL L#.4 b.bme 7
t IT 11.f T T11 Ti T T.174 A U.fi.71 f.
. El r AJ \\/
AJ J W AJ.4 JU 8
See-4. -The _c ^ ^ -^' m- -"7m"'.'".
9 (44 conduct research, develepan% ami demen-10
^ - ^ " ^
d en m^ m". " ".m^ ~i ' m^ ^'".'.. ^ "m m^e form'".e",", ^ ^m :".s~ of hv-m.
3 m..
11 level ma.mmm+:..m m n + m..
mm mmm.
m.>, _,
12 (9) eenduet a stely wldeh shall include an analy-13 eis of the ad.antages and disadvantages of (M using a 14.
gb. s.. '.m m~', er other i,1'.- i,. '. m m'.'.m' ^, to m~,'. ' m.".. ^
^
m m.
.c 1a and reduee the.,m1....m.. of.I m,.. i m.. m 1... m m e, _m n wlule at the r
s.... m.. ~
10 eame time appropriately containing sueh wastet (II) le-17 eatine any sueh ". ^'."...- - m" ".,. and
~m'"...d * ^ ^ "..".
d e
.m mm m e
18 facilities at nuelear power plants to serve as regional 10 process:ng faeilities prior te ship:nent for final disposal 90 of all '..
'm~,m'
.". m- =', - 3 m". - -. ". s. m in the reg' ne in-A
~^
m m..
o1
... a... _ m, (G, usmg _.: c a........ x. _....... am.. m s.
... c..... m _. _. pro-
.m.
.s
.. m...
22 dueed by nuelear e* plosive detonations for disposing of o3 low-level ".... _" ~, and (D)
".. ^ "..d..".s
.",'.. - -', ". ". ^ m^, low-r 24 level wastes te he held in storm until safe for dis,osal e
i l
on as
.m
..a.:m _.a...m m,_.an.d
_a
.... m m mm..
..m H.R. 7418-rh 2
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10 1
- 9) submit a repert by February b 498h can'ain-o mg g p,dmge, m_ -.,,.i...,.: _._ gg ~. m.....,.....u a.... m.,e_
m...
uc...,
.mu........uu 3
" '3' M the My w- :. m' u'i 'by -'" " - ' y.' P)- to the yu.us.u m..
4 Gemmittee en Seienee and Technolo.v ef b Meuse of s
and the
,..'...d.."..^ ^ on " ".. ^. 8'," and o
5
"..'"y'_^~".".."..",^"
~
D,
- c. m..
mt O m.m e n V m e... m 1. 2.t u v u m m e.
6 tiu u.u ua tn m uu w.
7
{4) -There is ua!!:c:hed te be a;;;;rc;;;:ated te the Seeee-8 teg te emrje eut thie s^c!!u M} fee the fleeel yem c:; diag 9
c.,.
..u, y,.gggg 4pgog,ej n, ann,nnn,.,. _~r...~ig guey eo y
u 10 emne ne may be ua!!:c:hed fee the same inir;;ouca in any u u a,..:... a ~,.
u i s, u u.i n....
v u,., y y fjene.
11
- 4. - t f i u,...,.
v so..iu.
is
..,o b
12 riety and (2) fee sulsc:iuCn! flee"l e** eneh e*** * **V e
V u u.,1.,. *. ~ 1
. t y u,. u.. v,.
,1 n,..~. t.a,, eftfH^left'-
- 1. ~.,1 ~, : n 10 t uf t t
o u
..tu
.o nr-171 n 14 1,4.
r.n.I.1 01 r r n.s 1
0 r,n.n.
c.14 UT-J.
4
.>..v T
..e
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. (s 4 15 See-5.--The Sccretary ekelk net later than ar+y daye 16 after the ~,.u~ ',,...' of this. det, ~,.'u" '.'.'..^.,'.- e,, ~u..'., _ ' - " ', ",
^
. fee,., -.?.,.'s.. u. $ dry.a, s.,,..,.. e n
. -.o n. a..?.. f,.u.,..,.
$ r.
n u
..n uy
,q
.i u
u in.... n,. ~, le.,...r.. a.. :.. > ~.,.., ~f,
.i... r ~...
18 (a*f ept'ftt..
u v uy y uo
.t uut ut yu u i,u.y u.u r.
1 9 u.r.....,.. a.
..,,,4 ;, y y,.,.,.,i.......,~.i,,i n....,.
-...~..u u o u.1.. l,. i.n #pfM'e
.:,1,.. : tu O ~,..s a,..u
.utu fy r'
on u-tat u
y
-v 21 en npaeen in an ca is!iay [a. !!!!y er fa !!!!ic:, of the De-22
- urt
- ,.
- a! that uee builtr and are :,..:,:!a.:.cd, for par-23 peees primeily elkee then t:1:,u !!!,, :! u!c: age of eem-24 meneial event feele-Sueh "t*ee **U be fe* * "r b" V "i
,s,, e,. se o_ r,
,.,,,...,,,,<,,,.,.,m.
.. y,., r..
...... m.......
.y...
u
11
.. t.,., ~ 1 pg...,.. :
u.n...... for enfe,- y
.,..,.,. of j
..c
.n.
epmt fu el w,.....,....i,..
u.... u. ~~.r
.-... 1.:.,.:.
gg,g 8
u"".."...'ehen he able te.*....'.:...".,".. ' ',,.... '.'..'. a total 4
of uheul &G9 tennee of epmt feek Eneh feedity elmil 5
have udimi cap:. !!y te heki et least 400 tennen of G
epent fuel ami ekull here enffi-lent epuee te pemet 7
Inter c.cp......!c:. te at least 599 tennee capi. !!y. k 8
ef,. ~.
.1.:,..
.-,.. of r.,.r.,......., m a. l a...
9.
.x......... :...
- ... ~.., gg e - -....,..,.. gg g;;.u..,:r,..
c.
10 at least tne eueh faci!!!!c:,, if eveh epueen in eneh feed-33
- eg ge,...
... u,.,.... i,..,..,. u...
30 g Q ~c ~.,, ~..,.,.. glgjj..~. ~ 1.:,r,,.,.,,,1,. :1.1, yp yg 13 enek epnee te huikiga!!crics te remit de:....atra!!c.. of 14 the level of aie !!g!::acca, aie ecc!!::g, aie (!!!c.-:::g, 15 eienel aml :.". ".',.. '.....'"..'... n.. :.", '..,, und.'.......' - -
16 mmee..' ~_' - ~ ey te.' -.'.'...'~.,'. ~..".," '.'~,.. ',,. ".'....'.'....". ".:
17 tiewd etemye of event (neh 18 (3) The Secretari; ehell uc:p. ire <+ml metall meke 19 er othee +:pprop. : ate app..alue fee ecnta...:ag a total of 20 about G9G Immes of epent (nel in ga!!c.... in eneh 21 epnee-22 (4) in tweh spucca, the Scc:ctary sher place an 23 appropriate......:!:c ef epent feel c!c:acuts to teet dey n4
.,..,....., ;g... n, : ~. phe vc
...,.... g7gg; yfee.,.,... r,,, u.. -
.u t.y.
yu.u
.tu t
u y
j
.f t
25 le veing epent feel feem reac:cra that imee lent or are 7
i l
l
O O
lo 1 j i::;p..diwj leem of full ewe mene in their <m-1 o
e e,u-....,
u;f o
3
.o, ~ '.'.~., u" shell....'.:,',",- +*f.". ~,..>...,>, d f
winy. t n.,:n..s.: z,..; vz u.,......, o g Q Q
,f,... :.1.:.o,.,.
~...:
yy u {<
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.,.. _ ~
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...,.., un-ni 1
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.ry u.
G
.. 1.:..u,.1 ~ ~,u..o.c...'.. o..wj7 y y y
,o,.u.u. z,,t,.....,z. etgyf 1,
n
..,.. m the.... n. :.
1.1~,....: 1,. ~.i m
........,.1 -,
t fer.
u..
8
,..u",",u,",,'.", (2) aml @}-
D
@) One yee after the c.ac!;...:t of this del ami 10 eneh yee thercafter the Beiretary ekall wpet to the 11 Cc::g:c. ea p,cgrc:.
in rc:c :ch, development, and 12 de:::c:.ctr.:!!:m in dey tra... !!!c;.::! etenge of epent feel in ga!!crice and en the expeeled eete fee the ec ::p!c!!:...
13 1
eueh
,1_.a,.......,:,.
u...
15
@) Ae eeen ne is p, :ctica';!c, and <m a cc:::!..u:::g 3g ymyg,. ge.c ~... a..~-.. u, u,pgy -,.
,1, agy u,.~..1.:.u.,,,;g
,.i
~...
....u..
1:
7L.
.,.. ~.,t y u
,..,u... yg v j,..u,.. o
.tf:,. :.1, jfg uj,j,.,.,n.,., s u.I n Qjg 1.n. . u .y . u u. vj uff.t }g Q Q. m-,,.. ~ s,.m.s,'.,. jfg m,11,..~.m.,. u e n.$)e s i u,.. h.,e,.ur.uE u.h n.',.,2.,1 nsh h.., e} zn v 0 su;j A k e t. tt 1 y a....n a, jg.y,. y([ ,1,,.. ~. s.
- o:
ng Q f%... u..,, r a,.o ,,...~. u u u.I.I,...: - ~.1 m ggy.. ~ s.i n..u. Q l4 y -.1.* o :, a O.} Q ,fa. : .~ u-gy gu, u n:.., ~1.,.~tu tu, .1,..,,1 ~.,, n 1 ..... 1. m,..... o ~1 yyj v,.,.,, u. r ~ 1 ivj t,u. u t u ct O. n, ca uu f u t.t u 1 r,. 1:n, tite #t, <Hte u,1,, u, ,.1,. : :n,u. f u n 1: nod t .,u.iv uito u u.l.l., n,,. m,,,1 u,.,.,.,,u,n,..... ?,. l ~.1 .u.~ Q 25 Secrc!ary le enmj eut thie acclic: (4) {w the (+eeni
13 1 year c:.di:;5 Sepc,.:be: 34h 49847 the eum of 2 $ !,000,000, reduced by eueh eeuw tw may be au!!:cr 3 ieed fer the eume pu;peccc in any Depart:: c::t of 4 Enenjy fleent year 1984 annual :.a:!:c:ha!!c:. Aetr 5 aml (2) for subac:;ue::t (+eeni yean eueh euwe tw muy 6 be uut.i.. _:. ~ i by.r~;,. : a... : _., i...~,r.,_ ,~1 m.. _ ... ~..,~.- 7 mm efa ruNus ]fM 0 8 See- & & T4te Secretary shah utillee aH hade appropri-9 ated pursuant to eie Aet fer purposee consistent wit 4t the 3 10 en1', ". m^"m-m,.-..,,'m"m.. of eneh a"m",.m..: mA ^ ^",. 4.",, and shah ^^ m m 11 not provide fimde; either directly er indireetly; te any pereen 19 (es _> ^."..m^ d by,,m. m s. m,,'.'.444s) of the 2"A m...~- '? ~. .3,- Act of 13 Me, ae m.m' ^.'._A d,', m m. m' ^ ^ ". '. 3' a -'m m. ', ~.". en M ^ ^'. :.d. ',. d- ^^: :^ m m. i 1 V LI. i as..n. m %./ 4r inv.1n ti .r A. A vssr sin. P Ts nn n T cv v AI T .44 %4 U 4 .a 4.4 15 Bes % Nc!!:i::g in thie Act ehell be cc ::: rued te au-1G theeiee rc:::cdial eetien actic!:ica er the cc;;structic:: er oper-17 ation of cc::....crcial seeele :..c.;;agc;;;c::: feeilitiee.- 18 . ? ? rti ? f (i.t t 1..ry Fri ? I'\\.h ? f1 a ret t n hf A T1 Ti T1 (1 TT ?) 7 A L A L.i AA.U b .4 4 %A A \\161 DA A A. \\f. 3 14 % A Av 1 L] 39 r.e., m..~ g_. g;, eye te _..a.._.a..._ a to be m,,,,', m^i'.d.' 'ed te the m mm m. m 20 Secretary to earry out 14 tie Act (4) for the fiseal year ending _91 8eidember 80- WM, the sum of.',' ". m,=.~.,,"m s~, - A"^_^' hv A .m t 22 eueh eume as may be authorized for the same purposca in any 23 .n _ __, _., 3g m._m_._3, g;3ey; year gg4 _._.._._ m_ i. in 3_m, m. _.a.._._ a.yu a Iy,.....~. 24 Aet; and (9) for subsequent fieeal years eueh eume as may be ~ 5 o-m ".. ~' ^. o b '. 3.m. m. m..~^"^'.m.m..._',m'>A..', m
O O 14 9 1 SIIORT TITLE 2 SECTION 1. This Act may be cited as the "Nu-3 clear Waste Disposal Act". 4 FINDINGS AND PURPOSES 5 SEC. 2. (a) FINDINGS.-The Congress finds 6 that-7 (1) Federal efforts made during the past 8 30 years to devise a permanent solution to 9 the problems of nuclear waste disposal have 10 not been adequate. 11 (2) The accumulation of nuclear waste 12 from military activities, commercial reactors, 13 and activities related to medical research, di-14 agnosis, and treatment, as well as nuclear 15 waste from other sources, has created a na-10 tional problem which can be resolved only 17 with the cooperation of the Federal Govern-18 ment and the States. 19 (3) The construction and operation of re-20 positories for the disposal of high-level waste 21 and spent fuel is a Federal responsibility and 22 is in the national interest. 23 (4) The disposal of nuclear waste is a po-24 tentially hazardous operation which should
O O 15 1 be subject to appropriate oversight by affect-2 ed State and local governments. 3 (5) Public participation in planning and 4 development of repositories for the disposal 5 of nuclear waste is essential in order to pro. 6 mote confidence among the public with 7 regard to the safety of disposal of nuclear 8 waste. 9 (6) The implementation of a waste reposi-10 tory development program in accordance 11 with this Act would provide reasonable assur-12 ance that methods of safe permanent disposal 13 of high-level waste can be available when 14 such methods are needed. 15 (7) By order issued December 23, 1977, 16 the Nuclear Regulatory Commission termi-17 nated the proceedings related to the Generic 18 Environmental Statement on Mixed Oxide 19 Fuel (GESMO) in response to concerns that 20 the continuation of such proceedings would 21 negatively affect the nonproliferation initia-22 tives of the Federal Government. As a conse-23 quence, the option to reprocess spent nuclear 24 fuel is presently foreclosed to the nuclear in-25 dustry. In recognition of the need to move
O O 16 1 forward with a waste management plan, it is 2 necessary at this time to do preliminary plan-3 ning on the basis of geologic disposal of 4 spent fuel. The Congress recognizes, however, 5 that this policy with regard to reprocessing 6 may change, and the Congress hereby en-7 courages the Secretary to take this possibility 8 into account in subsequent planning with 9 regard to the disposal of nuclear wastes. 10 (b) PURPOSE.-It is the purpose of this Act 11 to-12 (1) set forth the responsibilities of the 13 Secretary of Energy, the Nuclear Regulatory 14 Commission, the Congress, and the President 15 with respect to the development and con. 16 struction of licensed repositories for the per-17 manent disposal of nuclear high-level waste 18 and spent fuel, including the dates by which 10 certain activities must be carried out; and 20 (2) provide for State participation in 21 decisionmaking on waste repository site de-22 velopment and for Federal assistance for 23 States impacted by repository construction or 24 operation.
O O 17 1 DEFINITIONS 2 SEC. 3. For purposes of this Act: 3 (1) The term " disposal" means the em-4 placement of radioactive waste with no fore-5 seeable intent of recovery, whether or not 6 such emplacement permits the recovery of 7 such materials. 8 (2) The term "high-level waste" means 9 (A) liquid wastes resulting from the oper-10 ation of the first cycle solvent extraction 11 system, or equivalent, and the concentrated 12 wastes from subsequent extraction cycles, or 13 equivalent, in a facility for reprocessing irra-14 diated reactor fuel, and (B) solids into which 15 such liquid wastes have been converted. 10 (3) The term " Indian tribe" means any 17 Indian tribe, band, nation, or other organized 18 group or community of Indians recognized as 19 eligible for the services provided to Indians 20 by the Secretary of the Interior because of 21 their status as Indians, including any Alaska 22 Native village, as defined in section 3 of the 23 Alaska Native Claims Settlement Act (85 Stat. 24 688). II.R. 7418-rh 3
O O 18 1 (4) The term " Indian reservation" 2 means-3' (A) the Indian reservations and de-4 pendent Indian communities referred to 5 in clauses (a) and (b) of section 1151 of 6 title 18, United States Code; and 7 (B) lands selected by Alaska Native 8 villages or regional corporations under 9 the provisions of the Alaska Native 10 Claims Settlement Act. 11 (5) The term " Secretary" means the Sec. 12 retary of Energy. 13 (6) The term " site characterization" 14 means the program of exploration and re-15 search, both in the laboratory and in the 16 field, undertaken to establish the geologic 17 conditions and the ranges of those param-18 eters of a particular site relevant to the 10 procedures required under this Act. Site char-20 acterization includes horings, surface excava-21 tions, excavations of exploratory shafts, lim-22 ited subsurface lateral excavations and bor-23 ings, and in situ testing needed to determine 24 the suitability of the site for a geologic re-25 pository, but does not include preliminary
O O ~ 19 1 horings and geophysical testing needed to 2 decide whether site characterization should 3 be undertaken. 4 (7) The term " spent fuel" means that fuel 5 that has been withdrawn from a nuclear reac-G tor following irradiation and the constituent 7 elements of which have not been separated by 8 reprocessing. 9 (8) The term " State" means any State of 10 the United States, the District of Columbia, 11 the Commonwealth of Puerto
- Rico, the 12 Virgin Islands, Guam, the Northern Mariana 13 Islands, the Trust Territory of the Pacific Is-14 lands, and any other territory or possession 15 of the United States.
16 (9) The term " State Review Board" 17 means any Nuclear Waste Repository Impact 18 Review Board that meets the requirements 19 under section 6(a). 20 RESPONSIBII,ITIES OF TIIE SECItETARY OF ENEltGY 21 SEC. 4. (a) SELECTION OF REPOSITORY SITES.- 22 (1) The Secretary shall carry out a program to 23 construct and operate licensed repositories for the 24 permanent disposal of high-level waste and spent 25 fuel. Under the program, the Secretary shall iden-
O O 20 1 tify and recommend to the Congress at least four 2 potential repository sites which the Secretary con-3 siders suitable for development as licensed reposi-4 tories. Such sites shall be located, to the maximum 5 extent practicable, in four different geologic 0 media. Recommendations for the four sites shall 7 be submitted to the Congress by December 31, 8 1985. 9 (2) Sites which shall be examined under this 10 subsection shall include those consisting of the 11 following geologic media: basalt, tuff, granite, 12 bedded salt, domed salt, and such other media as l 13 the Secretary may consider suitable. No site shall 14 he recommended to the Congress under paragraph 15 (1) unless the Secretary considers such site poten. 16 tially suitable for future use as a licensed reposi-17 tory for the disposal of high-level waste and spent 18 fuel. 10 (3) After identification of the four initial po-20 tential repository sites under paragraph (1), the 21 Secretary shall continue to conduct screening at 22 other locations to determine the availability of ad-23 ditional potential repository sites in the geologic 24 media described in paragraph (2).
O O 21 1 (4) The recommendation of a repository site 2 under this subsection shall not be considered to be 3 a major Federal action under section 102(2)(C) of 4 the National Environmental Policy Act of 1969. 5 (b) SITE SELECTION CRITERIA.-Not later than 6 February 15,1981, the Secretary shall, in consulta-7 tion with the Council on Environmental Quality, 8 the Environmental Protection Agency, the Nucle-9 ar Regulatory Commission, and the United States 10 Geological Survey, issue guidelines for site qualifi-11 cation. Such guidelines shall include criteria for 12 the elimination of sites from consideration for re-13 pository development, including criteria with re-14 spect to such factors as association of the sites 15 with valuable natural resources, proximity to pop-10 ulations, hydrogeophysics, seismic activity, de-17 fense nuclear activities, and such other factors as 18 the Secretary considers appropriate. The Secre. 19 tary shall use these guidelines in screening sites 20 for selection under subsection (a) for character-21 ization for possible development into licensed re-22 positories. The development of these guidelines 23 shall be considered a preliminary decision-making 24 activity and shall not be considered to be a major
O O 22 1 Federal action under 102(2)(C) of the National En-2 vironmental Policy Act of 1969. I 3 (c) IIEPOSIT0ltY SITE CIIAllACTEltIZATION.- (1) Before proceeding to sink shafts at any reposi-4 5 tory site selected under subsection (a), the Secre-G tary shall submit to the Nuclear llegulatory Com-7 mission for such site-8 (A) an environmental asse:ssment of non-9 radiological impacts of planned site charac-10 terization activities and a discussion of 11 alternative procedures.and any mitigating 12 measures relating to such impacts; and 13 (B) a characterization plan which in-14 cludes at least the following items-15 (i) a description of the site to be 16 characterized; 17 (ii) a description of the planned site 18 characterization program, including the 19 extent of planned excavations, plans for 20 any onsite testing of radioactive or non-radioactive material, investigation activi-21 22 ties which may affect the ability of the 23 site to isolate wastes and spent fuel, and 24 provisions to control any adverse, safety-25 related impacts from site characteriza-
0 0 23 1 tion including appropriate quality assur-2 ance programs; 3 (iii) plans for decommissioning of 4 the site if it is determined unsuitable for 5 application for licensing as a permanent 6 repository; 7 (iv) criteria and associated data used 8 to arrive at candidate areas; and 9 (v) any other information required 10 by the Nuclear Regulatory Commission 11 prior to the sinking of shafts at potential 12 repository sites; and 13 (C) proposals describing the possible 14 form or packaging for the waste material and 15 spent fuel which would be emplaced in the re-16 pository. 17 (2) In carrying out activities at each proposed 18 repository site, the Secretary shall consult on a 10 continual basis with the Nuclear Regulatory Com-20 mission. Opportunities shall be provided for par-21 ticipation by the public and the affected States 22 with respect to such consultations. 23 (3) At proposed repository sites for which en-24 vironmental assessments and site characterization 25 plans have been submitted under this subsection,
O O 24 1 the Secretary shall conduct such tests as may be i 2 necessary to provide data sufficient to validate a 3 license application and to comply with the Nation-4 al Environmental Policy Act of 1969, except that-5 (A) the Secretary shall not use radioac-6 tive wastes for site characterization unless 7 the Nuclear Regulatory Commission and the 8 Secretary concur that such use is necessary 9 to provide data for geologic repository licens-10 ing activities; 11 (B) if radioactive materials are placed in 12 the site, the Secretary shall place the smallest 13 quantity necessary to determine the suitabil-14 ity of the site for a repository; 15 (C) in no case shall tests at any site in-16 volve the use of an amount of high-level 17 waste or spent fuel which contains more than 18 the curie equivalent of 10 metric tons of 10 spent fuel; and 20 (D) any radioactive wastes used or placed 21 on the site shall be fully retrievable. 22 (4) The Secretary shall not continue charac-23 terization activities at any site if the Secretary 24-determines that site to be unsuitable for eventual 25 development as a licensed repository, unless the
O O 25 1 Secretary determines that conth 1 activity 2 would provide information which ( oo.d requalify 3 the site for possible licensing. If the Secretary 4 makes any such determinations, the Secretary 5 shall submit a report contain'ing the reasons there-6 for to the Congress. If characterization activities 7 are terminated at a site for any reason, the Secre-8 tary shall remove any nuclear waste or other ra-9 dioactive materials at or in the site as promptly 10 as practicable. 11 (d) RECOMMENDATION OF PERMANENT RE-12 POSITORY SITES.-(1)(A) Not later than March 30, 13 1988, the Secretary shall submit to the President 14 for his review under section 8(b) a recommenda. 15 tion of the site which the Secretary considers 16 qualified for application for license as a perma-17 nent repository for high-level waste and spent fuel 18 and which conforms to the criteria developed pur-19 suant to subsection (b). After such date, the Secre. 20 tary may submit to the President recommenda-21 tions for other sites which the Secretary also con. 22 siders suitable for such purpose. Together with 23 any recommendation of a site under this para-24 graph, the Secretary shall submit to the President 25 a report containing the following: II.R. 7418-rh---4
1 l 26 l ) . i) A description of the proposed reposi-( 1 2 tory, including engineering plans for the 3 facility. (ii) A description of the waste form or 4 packaging prdposed for use at the repository. 5 (iii) A discussion of data, obtained in site 6 7 characterization activities, relating to the 8 safety of the repository site. 9 (iv) A final environmental impact state-ment for the site and the design of the reposi-10 11 tory as required under the National Environ-12 mental Policy Act of 1969 together with com-ments made concerning the environmental 13 impact statement by the Department of the 14 Interior, the Council on Environmental Qual-15 10 ity, the Environmental Protection Agency, 17 and the Nuclear Regulatory Commission. 18 (v) Prelimmt - comments of the Nuclear 19 Regulatory Commision concerning the 20 extent to which the at-depth site character-ization analysis and the waste form proposal 21 for the site seem to be sufficient for inclusion 22 23 in any application to be submitted by the De-partment of Energy for licensing of the site 24
27 1 as a permanent repository for high-level 2 waste and spent fuel. 3 (vi) The views of any State Review 4 Board, and any governing body of an Indian 5 tribe, which is affected by such site, as deter. 6 mined by the Secretary, together with the 7 Secretary's response to such views. 8 (vii) Such other information as the Sec-9 retary considers appropriate to provide a 10 complete statement of the basis for the rec-11 ommendation of the site for licensing as a re-12 pository for the disposal of high-level waste 13 and spent fuel. 14 (B) If the approval of a site recommendation 15 for the initial repository proposed as required 10 under subparagraph (A) does not take effect as a 17 result of the operation of section 8(b) or 8(c), the 18 Secretary shall resubmit to the President under 19 section 8(b), within one year after the disapproval 20 of the recommendation. a recommendation of an-21 other site for an initial repository, together with a 22 report as described under subparagraph ( A). 23 (2) The Secretary shall submit an application 24 for an authorization under the Atomic Energy Act 25 of 1954 for the construction of a repository for
O O 28 1 high-level waste and spent fuel at any repository 2 site recommended as qualified for application for 3 license under paragraph (1) as soon as possible 4 after the date on which the recommendation of the 5 designation of such site is effective in accordance 6 with section'8. 7 RESPONSIBILITIES OF THE NUCLEAR REGULATORY 8 COMMISSION AND THE ENVIRONMENTAL PRO- 'D TECTION AGENCY 10 SEC. 5. (a) PROMULGATION OF STANDARDS.- 11 (1) Not later than June 30,1981, the Nuclear Regu-12 latory Commission shall, by rule, promulgate 13 standards and requirements for the licensing and 14 regulation of the disposal of high-level waste and 15 spent fuel. Such standards and requirements shall 16 be consistent with the applicable general stand-17 ards promulgated by the Administrator of the En- -18 vironmental Protection Agency under paragraph 19 (2). 20 (2) As soon as practicable, but not later than 21 January 31, 1981, the Administrator of the Envi-22 ronmental Protection Agency shall, by rule, pro-23 mulgate standards and requirements of general 24 application pertaining to the licensing and regula-25 tion of the disposal of high-level waste and spent
O O 20 1 fuel. The Administrator shall consult with the Nu-2 clear Regulatory Commission before promulgat-3 ing any rule under this paragraph. 4 (b) STATUS REPORT FOR CONSTRUCTION 5 PERMIT AUTHORIZATION.-No-later than 2 years G-after the date on which an application for a con-7 struction authorization is submitted under section 8 4(d)(?), the Nuclear Regulatory Commission shall 9 submit a report to-the Congress describing the 10 proceedings undertaken through such date with 11 regard to the authorization application submitted, 12 including a description of-13-(1) major -unresolved safety issues, and 14 the Secretary's explanation of design and op-15 eration plans for resolving such issues, i 10 (2) matters of contention regarding the 17 application; 18 (3) any Nuclear Regulatory Commission -10 actions -regarding the granting or denial of 20 the authorization. 21 (c) DECISION REGARDING CONSTRUCTION AU-22 -THORIZATION APPLICATION.-Not later than 4 i 23 years after the date the initial construction.au-I 24 thorization application is submitted under section 25 4(d)(2), the Nuclear Regulatory Commission shall i
O O 30 1-issue a final decision granting or denying such au-2 thorization, subject to such terms and conditions 3 as may be required or permitted by law. 4 STATE PARTICIPATION 5 SEC. 6. (a) STATE REVIEW BOARDS.-(1) The G provisions of this section shall be applicable only 7 in the case of any-Nuclear Waste Repository 8 Impact Review Board that-9 (A) has the composition and authorities 10 described in this subsection; 11 (B) is established under State law by any 12 State in which there is located a site recom. 13 mended to the Congress by the Secretary 14 under section 4(a) as a potential repository 15 site for which a. characterization study 10 should be done, or recommended under sec-l 17 tion 4(d) as the site for a repository; and l 18 (C) is determined by the Secretary to be 19 established in accordance with this section. 20 (2) Each State Review Hoard referred to in i 21 paragraph (1) of this subsection shall be composed 22 as determined by the State under State law, except 23 that the following shall be provided for by such 24 law:
O O 31 1 (A) The general public, any affected 2 Indian tribe, and affected local governments 4 3 shall be represented by members on the 4 130ard. 5 (B) The State Review Board shall have G the authority to-i 7 (i) study and determine for purposes 8-of carrying out the Board's functions 9 under this Act the possible economic, en-10 vironmental, and social impacts, and pos-11 sible impacts on public health and safety, 12 of a repository for the disposal of high-13 level waste and spent fuel; 14 (ii) draft proposals suggesting assist-t 15 ance which would be required to be pro-16 vided by the Federal Government to 17 remedy or lessen the impacts identified 18 under clause (i); and 19 (iii) review the activities undertaken 20 by Federal agencies with respect to possi. 21 ble repository sites within the State and, 22 as appropriate, submit relevant sugges-23 tions with regard to such activities to 24 the Congress or appropriate Federal 25
- agencies, t
l
I 32 1 (C) The State Review Board shall hold 2 meetings open to the public not less than 3 once every 2 months, at which meetings the 4 Hoard shall receive and to the extent practi-5 cable place on its agenda matters submitted G by any Board members. 7 (b) PAltTICIPATION IN REPOSITORY LICENSING 8 DECISIONS.-Upon the submission to the President 9 of the recommendation of a site for a repository 10 for the disposal of high-level waste and spent fuel, 11 the State Review Board of the State in which the 12 site is located may, by majority vote of the mem-13 bership of the Board, submit a petition to the Con-14 gress requesting tlat the Congress disapprove the 15 site designation. A State Review Board may 10 submit such a petition to the Congress not later 17 than the 30th day after the date that the President 18 approves the site recommendation under section 19 8(b) and submits the recommendation and report 20 of the Secretary to the Congress. A petition shall 21 he considered to be submitted to the Congress on 22 the date of the transmittal of the petition to the 23 Speaker of the Ilouse and the President pro tem-24 pore of the Senate. The petition shall be accompa-1 \\
O O 33 1 nied by a statement of reasons explaining why the 2 petition should be granted. 3 . (c) IMPACT ASSISTANCE.-(1) After. the effec. 4 tive date of the approval of a permit for the con-5 struction of a repository for the disposal of high-G level waste and spent fuel, the State Review Board 7 of the affected State may submit to the Congress 8 and to the Secretary, the Secretary of Transporta-9 tion, or the head of any other appropriate Federal 10 agency a detailed request for technical or econom-11 ic assistance,in such form or manner as the Board 12 considers necessary, to mitigate the adverse im-13 pacts which will likely result from the construc- -14 tion or operation of the repository and to protect 15 the health and safety of the public, together with 16 such requests for legislative changes as the Board 17 may consider necessary to mitigate such impacts. 18 The Board shall submit with any such request a 10 report which contains a detailed explanation of '20-- the anticipated adverse impacts from the reposi. 21 tory and the reasons that the Board has requested 22 the assistance or legislative changes specified in 23 the report. 24 (2) The head of any Federal agency which has
- 25. received, within the 90-day period beginning on H.R. 7418-rh 5
34 1 the effective date of the construction permit for 2 the repository, a request for assistance under 3 paragraph (1) from a State Review Board, or from 4 the governing body of an Indian tribe as provided 5 under section 7, shall submit to the Congress an 6 evaluation of such request, including evaluations 7 pertaining to the cost of the proposals and their 8 feasibility, together with such recommendations 9 for alternative or supplementary assistance or leg-10 islative changes as the agency involved may con-11 sider to be appropriate. Such evaluation and rec-12 ommendations shall be submitted to the Congress 13 within 90 days after the date of the receipt of such 14 a request. 15 (d) FUNDING.-(1) Subject to paragraph (2) 16 and to the availability of funds to carry out this 17 section, the Secretary shall provide to each State 18 Review Board such funds as may be necessary to 19 provide technical assistance to the Board and to 20 permit the Board to carry out its duties, except 21 that at least 10 percent of the total budget of the 22 Board shall be provided by the State from non. 23 Federal fands as its State share. Salaries and 24 travel expenses which would ordinarily be in. 25 curred by any State or local government shall not
O O 35 1 be considered part of the budget of the Board and 2 shall not be eligible for payment under this 3 section. 4 (2) At the end.of the one-year period begin-5 ning on the effective date of any operating license G for a repository in a State, no Federal funds shall
- 7. be made available under this subsection for the 8 State Review Board of the State in which the re-
- 9. pository is located, except for-10 (A) such funds as may be necessary to 11 support Board activities related to any other q
12 repository located in, or proposed to be locat-1 13 ed in, such State, and which has not been op-14 erating under license for more than one year; 15-and 10' (B) such funds as may be necessary to 17 support Board activities pursuant to agree-18 ments or contracts for assistance entered into 19 under subsection (c) by the Board with the 20 Federal Government before the end of such 21 one-year period. 22 (e) PARTICIPATION IN LICENSING.-A State 23 : Review Board may participate in any licensing 24 proceedings related to repositories for the disposal j 25 of high-level waste and spent fuel which are to be
O O 30 1 located in or adjacent to the State in which the 2 Board is constituted. 3 (f) CONSULTATION.-(1) The Secretary, the Nu-4 clear Regulatory Commission, and other agencies J 5 involved in the construction or operation of a G waste repository in a State shall provide to the 7 State-Review Board of such State, and to the gov-8 erning body of any Indian tribe on or adjacent to 9 whose reservation the repository site is located, 10 timely and complete information regarding deter-11 minations or plans made with respect to the siting, 12 development, design, construction, operation, or 13 regulation of the repository. 14 (2) In performing any study of an area within 15 a State for the purpose of determining the suit-10 ability of the area for a repository and in subse-17 quently developing and loading any repository 18 within a State, the Secretary shall consult and co-19 operate with the State Review Board of the State 20 in an effort to resolve the State's concerns regard-21 ing the public health and safety, environmental, 22 economic, and social impacts of any such reposi-23 tory. In carrying out his duties under this Act, the 24 Secretary shall take such concerns into account to 25 the maximum extent feasible. i
O O l l 37 1 (3) As soon as possible after notifying a State l 2 of his decision to study an area within such State 3 asz a possible repository site, the Secretary shall l 4 seek to enter into a written agreement with the 5 State Review Board of the State setting forth the 0 procedures under which the requirements of para-7 : graphs (1) and (2) shall be carried out. The written -i 8 agreement shall provide for-9 (A) the right of the State to study, deter-l 10 mine, comment on, and make recommenda-11 tions with regard to the possible health and l 12 safety, environmental,- economic, and social 13 impacts of any such repository; r 14 (B) procedures, including specific time i 15 periods, for the Secretary to receive, consider, 10 resolve, and:act upon comments and recom-17 mendations made by the State Review Board; 18 and 10 (C) procedures by which the Secretary -20 and the State Review Board of such State 21 may review or modify the agreement periodi-22 cally. 23 (g) STUDY TO PROVIDE IMPACT ASSISTANCE TO 24 LOCAL COMMUNITIES.-The Secretary shall con-( 25 duct a study to determine the desireability of and
O O 38 1 possible methods of imposing fees on users of the 2 repositories to make sums available for assistance 3 to those communities impacted by licensed reposi-4 tories for the disposal of high-level waste and 5 spent fuel. The study shall be designed to deter-6 mine (1) the amount of any fee to be levied and the 7 manner in which it would be assessed, (2) the 8 process for determining which communities 9 should be eligible to receive assistance with 10 amounts generated by the fees, and (3) appropri-11 ate conditions which should be required with re-12 spect to the expenditure of assistance grants. 13 PAllTICIPATION OF INDIAN TICIBES 14 SEC. 7. (a) AUTIIOIZITIES OF TItIBAL GOVEltN-15 ING IlODIES.-The governing body of any Indian 16 tribe on whose reservation is located a site recom-17 mended to the Congress by the Secretary under 18 section 4(a) as a potential repository site for 19 which a characterization study should be done, or 20 recommended under section 4(d) as the site for a 21 permanent repository, shall-22 (1) have the same authorities provided to 23 State Review Iloards under section 6(a)(2)(II) 24 and section 6(b); and
I O O 39 1 (2) be eligible for impact assistance as 2 described in section 6(c)(1) in the same 3 manner as State Review Boards. { l 4 (b) ASSISTANCE TO TRIBES.-Subject to the j 5 availability of funds to carry out this section, the i G Secretary shall provide to the governing body of 7 each Indian tribe referred to in subsection (a) 8 such funds as may be necessary to provide techni-9 cal assistance to the tribe and to conduct the activ-10 ities described under sections 6(a)(2)(B) and (C) 11 and other similar activities related to the reposi-12 tory. At the end of the one-year period beginning 13 on the effective date of any operating license for a 14 repository located on a reservation, no Federal 15 funds shall be made available under this subsec-16 tion to the governing body of the Indian tribe on 17 whose reservation the repository is located, except 18 for-19 (1) such funds as may be necessary to 20 support activities related to any other reposi-21 tory located in, or proposed to be located in, 22 such reservation, and which has not been op-23 erating under license for more than one year: 24 and
~ 40 1 (2) such funds as may be necessary to 2 support activities pursuant to agreements or 3 contracts for assistance entered into by the 4 governing body of the Indian tribe with the l 5 Federal Government before the end of such 0 one-year period. 7 (c) PAltTICIPATION IN LICENSING.-The gov-8 erning body of any Indian tribe shall be eligible to 9 participate in any licensing proceedings related to 10 repositories for the disposal of high-level waste 11 and spent fuel which are to be located in or adja-12 cent to the reservation of such tribe. 13 ItEVIEW OF ItEPOSITOltY SITE SELECTION 14 SEC. 8. (a) POTENTIAL REPOSITOItY SITES.- 15 The designation by the Secretary, pursuant to a 16 recommendation submitted to the Congress under 17 section 4(a), of a site for characterization for pos-18 sible disposal of high-level waste and spent fuel 19 shall be effective unless, during the first period of 20 90 calendar days of continuous session of the Con-21 gress after the date of transmittal of the recom-22 mendation to the Congress, the Congress passes a 23 concurrent resolution the matter after the resolv-24 ing clause of which reads as follows: "The Con-25 gress disapproves the designation of the site at
O O 41 1 ---- for characterization for possible disposal 2 of high-level waste and spent fuel."; (the blank 3 space being filled with the geographic location of 4 the proposed repository site). 5 (b) PRESIDENTIAL REVIEW OF SITES.-(1) The 6 President shall review each recommendation for 7 the location of a repository submitted by the Sec. 8 retary under section 4(d), together with the ac-D companying report. Within 60 days after the sub-10 mission of the recommendation and report, the 11 President shall either approve the site and trans. 12 mit such recommendation and report to the Con-L 13 gress, together with a statement recommending 14 approval of the site for the repository, or shall dis-15 approve the site and submit notice of the disap-16 proval to the Secretary and to the Congress. 17 (2) The President may delay for not more than 18 6 months his decision under paragraph (1) for ree-10 ommending approval or disapproval of a site upon 20 determining that the information provided under i 21 the environmental impact statement or the char-j 22 acterization plan for the site is not sufficient to l 23 permit a decision within the 30 days referred to in l l 24 paragraph (1). l
O O 42 I (3) The designation of a site for a repository 2 for high-level waste and spent fuel shall be effec. 3 tive at the end of the 30-day period beginning on 4 the date that the President approves the site desig-5 nation under paragraph (1) unless a State Review 0 Board has submitted to the Congress a petition for 7 disapproval under section 6(b) or the governing 8 body of an Indian tribe has submitted such a peti-9 tion under section 7. If any such petition has been 10 submitted, the approval of the designation shall 11 not be effective except as provided under subsec-12 tion (c). 13 (c) CONGRESSIONAL REVIEW OF SITES.-(l) If 14 the President submits to the Congress under sub-15 section (b) a recommendation for approval of a 10 site as a repository and either a State Review 17 Board submits to the Congress a petition for dis-18 approval under section 6(b) or the governing body 10 of an Indian tribe submits to the Congress such a 20 petition under section 7, the designation of such 21 site for a repository for high-level waste and spent 22 fuel shall be effective at the end of the first period 23 of 90 calendar days of continuous session of the 24 Congress after the date of transmittal of the rec-25 ommendation of approval by the President to the
O O 43 1 Congress, unless, during such period, either IIouse 2 of the Congress passes a resolution the matter 3 after the resolving clause of which reads as fol-4 lows: "The ----- approves the petition sub-5 mitted by ------- regarding the disapprov-6 al of the site at ---- for a repository for the j 7 disposal of high-level waste and spent fuel."; (the 8 first blank space being filled with the designation 9 of the appropriate IIouse of the Congress; the j 10 second blank space being filled with the name of 11 the State Review Iloard or Indian tribe governing 12 body the petition of which is approved; the third 13 blank space being filled with the geographic loca. L 14 tion of the proposed repository site). For purposes 15 of paragraphs (3) through (7) of this subsection, 16 the term " resolution" ' means a resolution de-17 scribed by this paragraph. I 18 (2) Paragraphs (3) through (7) of this subsec-10 tion are enacted by Congress-20 (A) as an exercise of the rulemaking power of the Senate and the IIouse of Repre-21 22 sentatives, respectively, and as such are { 23 deemed a part of the rules of each IIouse, re. 24 spectively,.but applicable only with respect to i 25 the procedure to be followed in that IIouse in I
O O 44 1 the case of resolutions described by para-2 graph (1) of this subsection; and the provi-3 sions of such paragraphs supersede other f 4 rules only to the extent that they are incon-5 sistent therewith; and 0 (B) with full recognition of the constitu-7 .tional right of either IIouse to change the 8 rules (so far as relating to the procedure of 9 that House) at any time, in the same manner 10 and to the same extent as in the case of any t 11 other rule o';the House. 12 (3) A resolution once introduced with respect 13 to any site designation shall immediately be re-14 ferred to a committee (and all resolutions with re-15 spect to the same site designation shall be referred 16 to the same committee) by the President of the 17 Senate or the Speaker of the House of Representa-18 lives, as the case may be. 19 (4)(A) If the committee to which a resolution 20 with respect to a site designation has been referred 21 has not reported it at the end of 20 calendar days 22 after its referral,it shall be in order to move either 23 to discharge the committee from further consider-24 ation of such resolution or to discharge the com-25 mittee from further consideration of any other
O O 45 1 resolution with respect to such site designation 2 which has been referred to the committee. 3 (B) A motion of discharge may be made only 4 by an individual favoring the resolution, shall be 5 highly privileged (except that it may not be made 6 after the committee has reported a resolution with 7 respect to the same site designation) and debate 8 thereon shall be limited to not more than one 9 hour, to be divided equally between those favoring 10 and those opposing the resolution. An amendment 11 to the motion shall not be in order, and it shall not 12 be in order to move to reconsider the vote by 13 which the motion was agreed to or disagreed to. 14 (C) If the motion to discharge is agreed to or 15 disagreed to, the motion may not be renewed, nor 16 may another motion to discharge the committee 17-be made with respect to any other resolutio- /ith 18 respect to the same site designation. ] 19 (5)(A) When the committee has reported, or 20 has been discharged from further consideration -21 of, a resolution it shall be at any time thereafter in 22 order (even though a previous motion to the same l 23 effect has been disagreed to) to move to proceed to 24 the consideration of the resolution. The motion 25 shall be highly privileged and shall not be debat-
1 O O 46 1 able. An amendment to the motion shall not be in i 2 order, and it shall not be in order to move to re-3 consider the vote by which the motion was agreed 4 to or disagreed to. 5 (B) Debate on the resolution referred to in ' O - subparagraph (A) of this paragraph shall be limit-7 ed to not more than.10 hours, which shall be divid-8 ed equally between those favoring and those op-9 posing such resolution. A motion further to limit f
- 10. debate shall not be debatable. An amendment to, 11 or motion to recommit, the resolution shall not be 12 in order, and it shall not be in order to move to 13 reconsider the vote by which such resolution was e
14 agreed to or disagreed to. 15 (6)(A) Motions to postpone, made with respect 16 to the discharge from committee, or the considera-17 tion of, a resolution, and motions to proceed to the 18 consideration of other business, shall be decided 19 without debate. 20 (H) Appeals from the decision of the Chair re-21 lating to the application of the rules of the Senate ] 22 or the House of Representatives, as the case may 23 be, to the procedure relating to a resolution shall 24 he decided without debate.
l O O 47 i-
- 1 (7) Notwithstanding any of the provisions of 2 this subsection, if a House has approved a resolu-L
'3 tion with respect to a site designation, then it shall 4 not be in order to consider in that House any i L _5 other resolution with respect to the same such site r l t L 0 designation. 'n t 7 (d) COMPUTATION OF DAYS.-For purposes of 8 subsections (a) and (b) of this section- -9 (1) continuity of session of Congress is 10 broken only by an adjournment sine die; and I 11 (2) the days on which either House is not i 12 in session because of an adjournment of 13 more than 3 days to a day certain are ex-14 cluded in the computation of the 90-day 15 period. 16 . JUDICIAL HEVIEW OF AGENCY ACTIONS 17 SEC. 9. Notwithstanding any other provision .18 of law, the actions taken by the Department of 1 10 Energy in designating any site for characteriza-20 tion, in designating an initial site as a repository i 21 for the disposal of high-level waste and spent fuel, 22 or in characterizing a site, any actions taken by L 23 the. Nuclear Regulatory Commission in granting 1 [ 24 or. denying any construction permit application [ 25 submitted to such a facility under section 4(d)(2) =
O O i. l 48 . 1 or any operating permit for such a facility, and 2 any actions described under section 10 shall not be r 3 subject to judicial review except as provided in 4 this section as follows: j 5 (1) Claims regarding any such action l 6 may be brought not later than the 60th day i 7 following the date of such action, except that 8 if a party shows that the party did not know 9 of the action complained of, and a reasonable 4 10 person acting in the circumstances would not 11 have known, he may bring a claim alleging 12 the invalidity of such action on the grounds 13 stated above not later than the 60th day fol. 14 lowing the date of his acquiring actual or 15 constructive knowledge of such action. 10 (2) A claim under paragraph (1) of this 17 subsection shall be barred unless a complaint 18 is filed before the expiration of such time 19 limits in the United States Court of Appeals 20 for the District of Columbia, acting as a spe-21 cial court. Such court shall have exclusive ju-22 risdiction to determine such proceeding in 23 accordance with the procedures hereinafter 24 provided, and no other court of the United
40 1 States or of any State shall have jurisdiction l 2 of any such claim. l 3 (3) Any proceeding under paragraph (2) l l 4 shall be assigned for hearing and completed 5 at the earliest possible date, shall, to the 6 greatest extent practicable, take precedence 7 over all other matters pending on the docket 8 of the court at that time, and shall be expe-9 dited in every way by such court, and such 10 court shall render its decision relative to any 11 claim within 90 days from the date such 12 claim is brought unless such court deter-13 mines that a longer period of time is required 14 to satisfy requirements of the United States 15 Constitution. 16 EXPEDITED AUTHORIZATIONS 17 SEC.10. (a) ISSUANCE OF AUTHORIZATIONS.- 18 (1) Subject to paragraph (2), to the extent that the 19 taking of any action related to the characteriza-20 tion, construction, or initial operation of any site 21 recommended under this Act and not disapproved 22 under this Act for the disposal of high-level waste t l~ 23 and spent fuel requires a certificate, right-of-way, l 24 permit, lease, or other authorization from a Fed-25 eral officer or agency, such officer or agency shall
O O 50 1 issue or grant any such authorization at the earli-2 est practicable date, to the extent permitted by the 3 applicable provisions of law administered by such 4 officer or agency. All actions of a Federal officer 5 or agency with respect to consideration of applica-O tions or requests for the issuance or grant of any 7 such authorization shall be expedited, and any 8 such application or request shall take precedence 9 over any similar applications or requests not 10 related to such repositories. 11 (2) The requirements of paragraph (1) shall 12 not be applicable in the case of any action related 13 to any permit or other authorization issued or 14 granted by, or requested from, the Nuclear Itegu-15 latory Commission. 10 (b) TEllMS OF AUTIIOIIIZATIONs.-(1) Any au-17 thorization issued or granted under subsection (a) 18 shall include such terms and conditions as may be 19 required by law, and may include terms and condi-20 tions permitted by law. 21 (2) Except as provided in the second sentence 22 of this paragraph, nothing contained in this sec-23 tion shall be construed to impair the authority of 24 any Federal officer or agency to add to, amend, or 25 abrogate any term or condition included in any
O O 51 1 authorization issued or granted under subsection 2 (a)if such action is otherwise permitted under ap-3 plicable laws administered by such officer or 4 agency. In the case of any such action which is 5 permitted but not required by law, the Federal of-6 ficer or agency shall have no authority to take 7 such action if the terms and conditions to be so 8 added, or as so amended, would have the effect of 9 terminating the characterization, construction, or 10 initial operation of the potential or permanent re-11 pository which the authorization affects. 12 WASTE DISPOSAL FEES 13 SEC. 11. COLLECTION OF FEES.-(a)(1) The 14 Secretary shall collect fees sufficient, as deter-15 mined by rule promulgated by the Secretary, to 16 offset all reasonable construction, operation, ad. 17 ministrative, and other costs incurred by the Sec. 18 retary in providing for the disposal, interim stor-10 age, and management of nuclear wastes and spent ~ 20 fuel. The fee shall be sufficient to offset all reason-21 able costs of waste treatment and encapsulation, 22 repository development programs (including re-23 search and development costs), decontamination 24 and decommissioning of repository facilities, any 25 reasonable costs incurred by the Secretary in .a.
O O 52 1 transporting nuclear wastes or spent fuel to stor-2 age or disposal sites, and the costs of providing 3 adequate security protection for nuclear wastes or spent fuel (as determined by the Nuclear Regula-4 5 tory Commission) during the period such nuclear 6 wastes and spent fuel are transported to storage or 7 disposal sites and during the period such wastes 8 are stored at such sites. The research and develop-9 ment costs for which the fees shall be assessed 10 shall include those incurred during all site specific 11 investigations directly related to storage or dispos-12 al sites, and such other costs as the Secretary by 13 rule determines to be directly related to manage-14 ment, storage, and disposal of nuclear wastes and 15 spent fuel. From fees collected under this section, 16 the Secretary shall reimburse State and local gov-17 ernments for any reasonable costs incurred by 18 them in connection with, and during the period of, 10 the transportation of nuclear wastes or spent fuel 20 to disposal sites. 21 (2) The Secretary shall collect such fees from 22 the persons or entities, whether public or private, 23 who hold title to the nuclear wastes or spent fuel 24 which is subject to disposal by the Secretary. The 25 Secretary may reziuire such fees to be paid in a
O O 53 1 lump sum or in such installments as the Secretary 2 determines to be appropriate, and the fees levied 3 under this subsection shall be subject to reassess. 4 ment by the Secretary to the extent necessary to 5 ensure that the total amount of the fees required 6 to be paid reflects the actual reasonable costs in-7 curred by the Secretary, as determined pursuant 8 to paragraph (1) of this subsection. 9 (3) As used in this subsection, the term " nucle. 10 nr wastes" means any radioactive material (other 11 than spent fuel) for which interim storage or dis. 12 posalis provided by the Secretary. 13 (b) USE OF FEES.-Section 111(h) of the 14 Energy Reorganization Act of 1974 is amended-15 (1) in paragraph (1), by striking out 16 "and" after the semicolon; 17 (2) in paragraph (2), by striking out the 18 period and inserting in lieu thereof "; and"; 10 and 20 (3) by adding at the end the following: 21 "(3) revenues received by the Secretary 22 of Energy under section 11(a) of the Nuclear 23 Waste Disposal Act shall, when so specified 24 in appropriation Acts, be retained and used 25 for the specific purpose of offsetting costs in-
O O 54 1 curred by the Secretary in providing for the 2 disposal, interim storage, and management of 3 nuclear wastes and spent fuel.". 4 AFFECT ON OTHER LAWS 5 SEC.12. Nothing contained in this Act shall be 6 construed to affect in any way the provisions of 7 section 605 of Public Law 96-205 (94 Stat. 84; 48 8 U.S.C.1491). 9 DISPOSAL OF SPENT FUEL 10 SEC.13. Notwithstanding any other provision 11 of this Act, any repository for the disposal of high-12 level waste and spent fuel which is designed and 13 constructed under this Act shall be so designed 14 and constructed that the spent fuel may be re-15 trieved, during an appropriate period of operation 16 of the facility, for any reasons pertaining to the 17 public safety or for the purpose of permitting the 18 recovery of the economically valuable contents of 19 the spent fuel. The Secretary shall not dispose of 20 spent fuel in a manner which would not allow for 21 its recovery in accordance with the preceding sen-22 tence unless specifically authorized to do so by the 23 President.
O O 55 1 TEllMINATION OF AUTIIOItITY 2 SEC.14. (a) The provisions of sections 9 and 3 10 shall cease to have effect at such time as the 4 Secretary commences licensed operation of at \\ 5 least one repository for the permanent disposal of 0 high-level waste and spent fuel. 7 (b) The provisions of this subtitle, other than 8 sections 9 through 13, shall not have effect after 9 December 31,1999. Amend the title so as to read: "A bill to provide for repositories for the disposal of nuclear high-level waste and spent fuel, and for other purposes.". 10 Sil0RT TITLE ~ 11 SECTION 1. This Act may be cited as the " Nucle-12 ar Waste, Research, Development, and Demonstra. 13 tion Act of1980". 14 FINI)INGS ANI) PURPOSES 15 SEC. 2. (a) The Congress finds that-1G (1) the efforts made in the last thirty 17 years to devise a permanent solution to the 18 problems of high level radioactive ivaste dis-19 posal have not been adequate; 20 (2) only the Federal Government has the 21 capability to provide for the permanent dispos-22 al of high level radioactive traste tchich has
O O 56 1 been produced from militarg and commercial V 2 activities; 3 (3) the accumulation of such waste from 4 militarg and commercial activities and from 5 activities related to medical research, diagno-G sis, and treatment, as well as such waste from 7 other activities, including research and devel-8 opment activities, is a nationalproblem; l 0 (4) although recent scientific studies and a 10 mgjority of scientists assert that high level ra. 11 dioactive waste generated through the use of 12 nuclear technologies can be disposed of safelg 13 with no significant impact upon the public l 14 health and environment, no method for the per-15 manent disposal of such waste has ever been 1G demonstrated; 17 (5) research, development, and demonstra-18 tion is a desired prerequisite to confirming the 10 existence of a safe and reliable process for the 20 permanent disposal of high level radioactive 21 waste; 22 (6) the development of a safe and timelg 23 solution to the problem of the permanent dis-24 posal of high level radioactive waste is essen-25 tial if nuclear power is to make a significant
57 1 contribution to meeting the future energy re-2 quirements of the United States; and 3 (7) the demonstration of a safe and reli-l 4 able process for the permanent disposal of high l 5 level radioactive waste will aid the Nuclear 6' Regulatory Commission in establishing regula-7 tions governing the design, construction, and 8 operation of repositories. 9 (b) Thepurposes of this Act are-10 (1) to establish a directed and orderly re-11 search, development, and demonstration pro-12 gram in the Department of Energy for the per-13 manent disposal of high level radioactive 14 waste; 15 (2) to seek to confirm the existence of 16 technological solutions for safely disposing of 17 high level radioactive waste; and 18 (3) to develop the experience, data, and in-19 formation necessary for the Secretary of 20 Energy to build and operate full-scale high l 21 level radioactive waste repositories. l 22 ESTABUSHMENT OF PROGRAM 23 SEC. 3. (a) The Secretary of Energy shall, not 24 later than sixty days afler the date of the enactment 25 of this Act, establish a research, development, and
O O 58 1 demonstration program for the disposal of high level 2 radioactive waste, which program shallinclude inte-3 grated technology demonstrations and which shall 4 be implemented in accordance with this section. 1 \\ 5 (b)(1) Under the program, the Secretary shall G identify four potential sites for high level radioac-7 tive waste repositories in the continental United 8 States. Two potential sites shall be identified not 9 later than the fourth quarter of fiscal year 1981, and 1 10 two additional potential sites shall be identified by i 11 the end of fiscalyear 1983. 12 (2) The potential sites for repositories shall be 18 located (A) in different geologic media, such as 14 basalt, salt, salt domes, or granite, and (B) to the 15 extertpracticable, in different regions of the United 10 States. 17 (3)(A) The Secretary shall undertake such site 18 characteri:alion activities as are necessary to pro-10 vide data and information in order to determine the 20 suitability of the sites for further development into 21 demonstration repositories under theprogram. 22 (B) The Secretary shall conduct at the potential 23 sites such tests as may be necessary to provide the 24 necessary data for compliance with the National En-25 vironmental Policy Act af1969. The Secretary shall
O O 57 i 1 - contribution to meeting the future energy re-2 quirements of the United States; and 3 (7) the demonstration of a safe and reli-4 able process for the permanent disposal of high 5 level radioactive waste will aid the Nuclear t l 0 Regulatory Commission in establishing regula-l 7 tions governing the design, construction, and 8 operation of repositories. \\ -D (b) Thepurposes of this Act are-10 (1) to establish a directed and orderly re-11 search, development, and demonstration pro-l 12 gram in the Department af Energy for the per-l 13 manent disposal of high level radioactive l 14 waste; 15 (2) to seek to confirm the existence of 1G technological solutions for safely disposing of 17 high level radioactive waste; and l 18 (3) to develop the experience, data, and in-l 10 formation necessary for the Secretary of l 20 Energy to build and operate full-scale high 21 level radioactive waste repositories. l- \\' 22 ESTABLISHMENT OF PROGRAM i 23 SEc. 3. (a) The Secretary of Energy shall, not l 24 later than sixty days afler the date of the enactment 25 of this Act, establish a research, development, and
O O 58 1 demonstration program for the disposal of high level 2 radioactive waste, which program shallinclude inte-3 grated technology demonstrations and which shall 4 be implemented in accordance with this section. 5 (b)(1) Under the program, the Secretary shall a identify four potential sites for high level radioac-7 tive waste repositories in the continental United 8 States. Two potential sites shall be identified not D later than the fourth quarter of fiscal year 1981, and 10 two additionalpotential sites shall be identified by 11 the end of fiscal year 1983. 12 (2) The potential sites for repositories shall be 13 located (A) in different geologic media, such as 14 basalt, salt, salt domes, or granite, and (B) to the 15 extentpracticable, in different regions of the United 10 States. 17 (3)(A) The Secretary shall undertake such site 18 characteri:ation activities as are necessary to pro-19 vide data and information in order to determine the 20 suitability of the sites for further development into 21 demonstration repositories under the program. 22 (B) The Secretary shall conduct at the potential 23 sites such tests as may be necessary to provide the 24 necessary data for compliance with the National En-25 vironmental Policy Act of 1969. The Secretary shall
l O O / 59 -1 report to the Commission on the tests conducted at a 2 sitepursuant to this subparagraph and on the infor-3 mation developed from such tests. 4 (1) The Secretary shall, as soon as practicable, f 5 make the final selection of sites for demonstration 0 repositories under the program. The selection shall l 7 be made by such date as may be necessary to enable 8 the Secretary to meet the time deadlines prescribed a by subsection (c)(1). 10 (c)(1) The Secretary shall design, construct, and 11 operate at each of the sites selected under subsection 12 (b)(4) a demonstration repository for high level ra-13 dioactive waste. The first demonstration repository 14 shall be in operation by the end of fiscal year 1986, 15 the second demonstration repository shall be in op-1G eration by the end of fiscal year 1987, and the third i 17 and fourth demonstration repositories shall be in 18 operation as prescribed by legislation enacted afler 10 the date of the enactment of this Act. 20 (2) Demonstration repositories-21 (A) shall be no larger than is appropriate 22 to conduct the necessary research and develop-23 ~ ment activities to demonstrate the safe dispos-24 al of high level radioactive waste, taking into 25 consideration the necessary handling, engineer-j
O O ) 60 1 ing, space, configurations, and heat dissipation 2 of such waste; 3 (B) shall be designed with a capacity for 4 receiving a maximum of forty metric tons of 5 waste; and 0 (C) may be mined at depths, and shall be 7 constructed with methods, similar to those 8 which would be used in the construction of D full-scale repositories. 10 (3) No waste may be placed in a demonstration 11 repository under the program unless-12 (A) the waste is high level radioactive 13 waste which is owned by the Federal Govern-14 ment and is the result of unlicensed activities; 15 (B) the waste may be retrieved; and 10 (C) a place certain which is physically ca. 17 pable of receiving the waste, as determined by 18 the Secretary, has been identified for receiving i lo the waste after the termination of the program. 20 (1) None of the activities under the program 21 preceding the excavation of shafts for demonstra-22 tion repositories shall be considered to be a major 23 Federal action for purposes of section 102(2)(C) of 24 the NationalEnvironmentalPolicy Act of1969.
O O G1 1' (5) The operation of any demonstration reposi. 2 tory may not extend beyond the year 2000. 3 (d) Under the program, the Secretary may place 4 in demonstration repositories canisters of solidified 5 high level radioactive waste which canisters are con-i 6 tained in engineered barriers, including overpack
- 7 canisters. The Secretary shall consult with the Com-i 8 mission with respect to the development of such bar-9 riers.
( 10 (e) Within one year from the date of the enact- [ 11 ment of this Act, the Secretary shall enter into an 12 agreement with the Commission to establish ar-13 rangements for review and consultation by the Com. 14 mission with respect to the program. The agreement 15 shallprovide for the following: 16 (1) The Secretary shall submit to the Com-17 mission, for its review and comment-18 (A) a plan describing how site charac-19 terization activities carried out under the 20 program will not disturb the integrity of 21 the geological structure of the site where 22 the activities are carried out, and 23 (B) a plan describing the form and 24 manner in which high level radioc.ctive 1
O O G2 1 waste will be placed in the demonstration 2 repositories under the program. 3 In preparing its comments on any plan, the 4 Commission shall specify with precision its ob. 5 jections to any provision of the plan. Upon sub-G mission of a plan to the Commission, the Sec. 7 retary shall publish a notice in the Federal 8 Register of the submission of the plan and af D its availability for public inspection, and, upon 10 receipt of the comments of the Commission re-11 specting a plan, the Secretary shall publish a 12 notice in the Federal Register of the receipt of 13 the comments and af the availability of the 14 comments for public inspection. If the Secre. 15 tary does not revise a plan to meet objections la specified in the comments of the Commission, 17 the Secretary shallpublish in the Federal Reg-18 ister a detailed statement for not so revising 10 the plan. 20 (2) The Secretary shall submit to the Com-21 mission safety analysis reports and such other 22 information as the Commission may require to 23 identify any danger to the public health and 24 safety which may be presented by the program.
O O 63 1 (3) The Secretary shall not undertake any \\ 2 excavation of a site for a demonstration reposi- '3 tory before receiving the concurrence of the 4 Commission for such excavation. 5 (4) During the program, the Secretary a shall afford the Commission access to the dem-7. onstration repositories to enable the Commis-8 sion to monitor the repositories for the purpose o of assuring the public health and safety. 10 (f)(1) The Secretary shall, on a continuing 11 basis, consult and coordinate with the officials of 12 each State in which the Secretary proposes to con-13 struct a demonstration repository respecting his 14 plans for, and his construction of, any such reposi-15 tory. The Secretary shall notify the Governor of the i 10 State of his intention to locate a demonstration re-17 pository within the State and, if there is no law of 18 such State providing for the designation of an offi-19 cial to coordinate activities for the State with re. 20 spect to repositories of radioactive waste, the Gover-21 nor shall designate a State official to coordinate ac-22 tivities for the State with respect to any repository 23 to be constructed under the program in such State. 24 (2)(A) Before identifying under section 3(b)(1) 25 a site for a repository for high level radioactive
O O G4 1 waste, the Secretary shall hold public hearings in 2 the vicinity of the site for the purpose ofinforming 3 the residents of the area in which the site is located 4 of the activities proposed to be undertaken at the 5 site and to receive their comments. G (B) Before making a final selection of a site 7 under section 3(b)(4), the Secretary shall holdpublic 8 hearings in the vicinity af the site for the purpose of 9 informing the residents of the area in which the site 10 is located af the selection of the site and to receive 11 their comments. 12 (g) All demonstration facilities authori:ed by la this section shall be constructed and operated as re. 14 search, development, and demonstration facilities 15 pursuant to section 202 of the Energy Reorgani:a. 10 tion Act of1974. Such facilities shall be constructed 17 and operated in accordance with all other applicable 18 law. 19 (h)(1) If the Commission determines that any 20 activity of the Secretary under the program or the 21 failure of the Secretary to take specified actions pre. 22 sents a danger to the public health and safety, the 23 Commission shallissue an order directing the Secre-24 tary to cease such activity or to take such actions, 25 and if the Commission determines that any activity 8
10 0 05 I proposed to be undertaken by the Secretary under 2 - the program may present a danger to the public 3 - health and ' safety, the' Commission shall issue an '4 order directing the Secretary to not undertake such 5 activity.. 'c .6 (2) If the Commission issues an order under 7 paragraph (1), it shallpublish the order in the Fed-8 eralItegister, give notice of a public hearing on the 9 order, and, as soon as practicable, hold such hear. 10 ing. Upon completion of the hearing, the Commis-11' sion shall affirm,' revise, or rescind, as appropriate, 12 the order with respect to which the hearing was 13 held. 14 (3) The Secretary may not conduct any activity 15' which is prohibited by an order of the Commission la in effect under this subsection and shall take such 17 - actions as may be required by an order in effeet 18 under this subsection. 19 (i) There is authori:ed to be appropriated to the . 20 Secretary to carry out this section-21 (1) $102,000,000 for the fiscal year ending l 22 September 30,1981, and 23 (2) for subsequent fiscal years, such sums 24 as may be authori:ed by legislation enacted '25 after the date of the enactment of this Act.
r O O GG 1 (j) The authority of the Secretary to enter into 2 contracts under this section shall be effective for 3 any fiscal year only to such extent or in such 4 amounts as are provided in advance by appropri-5 ation Acts. G (k) The Secretary, in consultation tvith the 7 Commission, shall make an annual report to the 8 Congress on the program. Each report shall D include-10 (1) a description of the activities undertak. 11 en and the costs incurred in the program in 12 the period reported on, i 13 (2) the activities proposed to be undertaken 14 and the costs proposed to be incurred in the 15 program in the succeeding period, 1G (3) a description of any problems encoun-17 tered in the implementation of the program, 18 (1) a description of the hearings held pur-In suant to subsection (f)(2), 20 (5) such separate vicies and recommenda-21 tions as the Commission may include in the 22 report, and 23 (6) such other information as the Secre. 24 tary determines appropriale.
O O G7 1 LOW Lel'EL RAD 10ACTil'E WASTH STUD 1' 2 SEC. J. (a) The Secretary shall-3 -(1) conduct a study of the advantages and l 4 disadvantages of (A) using a glass furnace, or 5 other appropriate device, to consume and G reduce the volume of late level radioactive 7 toaste schile at the same time appropriately 8 containing such traste; (B) locating any such n device at nuclear polverplants to serve as proc-1o essing facilities of lose level radioactive ivaste 11 generated in the regions in schich the plants 12 are located before the shipment of the icaste 13 for permanent disposal; (C) using existing un-14 derground caverns produced by nuclear explo-15 sive detonations for the permanent disposal of 1a lose level radioactive icaste; and (D) alloiving 17 short-lived, late level radioactive uvaste to be 18 held in storage until safe for permanent dispos-19 al as nonradioactive scastes; and 20 (2) submit a report by June 1,1981, con-21' taining the findings, conclusions, and recom-22 mendations resulting from the study required 23 by paragraph (1) to the Speaker of the House 24 of Representatives and the President pro tem-25 pore of the Senate. i l I
O O l 68 1 (b) There is authorized to be appropriated to 2 carry out subsection (a) $2,000,000. 3 (c) The authority of the Secretary to enter into 4 contracts under this section shall be effective for 5 any fiscal year only to such extent or in such 6 amounts as are provided in advance by appropri-7 ation Acts. 8 DICFINITIONS D SI;c. 5. (a) Forpurposes of this Act: 1o (1) The term " Secretary" means the Secre-11 tary of Energy. 12 (2) The term " Commission" means the Nu-13 clear Regulatory Commission. 14 (3) The term " program" means the pro-15 gram authorized by section 3. 16 (4) The term " site characterization"means 17 exploration and study, both in the laboratory 18 and in the field, undertaken to establish the 1D geologic conditions of a particular site. Site 20 characterization includes horings, surface exca-21 vallons, excavations of exploratory shafis, and 22 in situ testing needed to determine the suitabil-23 ity of a site for a geologic repository, but does 24 not include preliminary borings and geophyt,i-
O O i 60 1 cal testing needed to decide whether site char-l 2 acterization should be undertaken. 3 (b) Forpurposes of the program only: 4 (1) The term "high level radioactive waste" 5 means spent nuclear fuel and the highly radio-6 active wastes resulting from the reprocessing 7 of spent nuclear fuel. Such term includes both 8 liquid wastes which are produced directly in re-D processing, dry solid material derived from 10 such liquid waste, and such other material as i 11 the Commission designates as high level waste 12 for purposes of protecting the public health and 13 safety. 14 (2) The term " transuranic waste" means 15 material contaminated with elements which 16 have an atomic number greater than 92, in-17 cluding neptunium, plutonium, americium, and 18 curium, which have a half life greater than 5 10 years, and which are in concentrations greater / 20 than 10 nanocuries per gram or in such other 21 concentrations as the Commission may pre-22 scribe to protect the public health and safety. i 23 (3) The term " low level radioactive waste" i i 24 means radioactive waste not classified as high 25 level radioactive waste, transuranic waste, or l-
O O 70 1 byproduct inaterial as defined in section 11 e. 2 (2) of the Atornic Energy Act of1951. i ) 1
Union Calendar No. 782 1HITu CONGitESS 2n SEs.sios [ Report No. 96-1156, Parts I, II, and 111] _ _ - -. = _ _ _ _ = = A BILL To e>tablish a research, development, and demon.atra-('N tion program for the disposal of radioactive wastes. Q} =
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SIAv 21,1980 Referred to the Committee on Science and TechnologT .Itu 2,1980 Reported with amendments, referred to the Committers on Interior and Insular Affairs and Interstate and Foreign Commerce with instructions ,Itu 30,194) Referral to the Committees on Interior and Insular Affairs and Interstate and Foreign Commerce ettended Al'GUNT 22,1980 Referral to the Committee on Interior and Insular Affairs extended ArorsT 27,19% t Referral to the Committee on Interstate and Foreign 's' Commerce extended AUGrsT 27,1980 Reported from the Committee on Interior and Insular Affairs with amendments 8EPTEMBER 3,1980 Reported from the Committee on Interstate and Foreign Coramerce with an amendment. conunitted to the Com-mittee of the Whole llouse on the State of the Unkm, and ordered to be printed
MM 7Yl?. WM TECHNICAL FILES CROSS REFERENCE SHEET See following files also for further info: Y/O A $~b$~5 Y0Vi?dhLA it d 9-grc.go 4/o.Y a. 72.
96rn Coxca 1 IIOUSE OF REPRESENTATIVES f Ru r. DG-2d Session I 1 1156 Part 4 \\ NUCLEAR RESEARCII, DEVELOP 31ENT AND DE310NSTRATION ACT OF 1980 StrTrunEn 4,1080.-Orderal to le printal 3fr. Unau., from the Comniittee on Interior and Insular Affairs, sulnnitted the following SUPPLE 31 ENTAL REPORT [To accompany 11.11. 7418] The Coimnittee on Interior and Insular Affairs, to whom was re-O ferred the bill (II.R. 7418) to establish a research, develojnnent, and demonstration program for the disposal of radioactive wastes. having considered the same, report favorably thereon with an amendment and rec 6nunend that the bill as amend ~ d do pass. (1) hk OF W ASTE MAN AGEMENT hMss D1 h N04 DIRECTOR DC 20555 b A SH t NGT ON O 7,d-006 0 l
O O Rorx or Tuz Srares This bill does not contain adequate provisions guaranteeing the States will fully participate with the Federal Government in selecting and licensing nuclear waste disposal sites. Congressman Kostmaver proposed in the Interior Committee, and will do so again on the floor, language requiring both IIouses of Con-gress to override a State's objections to a waste site within its lxudm The amendment, which failed by a vote of 21 to 20. would allow an affected State to petition the Co'ngress to block the decision of DOE and the President to proceed with licensing of a waste site.The Federal Government would then have the burden of demonstrating why the State's objections should be overriden, which would require a concur-rent resolution of disapproval by Congress. The right of Congress to prevailin the national mterest would be preserved. The threat of a " State Veto" would help to insure that the DOE would aggressively enlist the support and emperation of the States. This in turn would help to insure the technical soundness of the siting proposal and the political support necessary for its implementation. This is not a case of the Congress, through a legislative veto, over-turning an agency's rules and regulations. We are talking here about one (1) licensing project sometime near the end of the decada involv-ing the permanent disposal of intensely radioactive waste for thou-sands of years. Insteall, the Committee adopted a weakened amendment upholding a State's objections to selection of a waste site only if approved by at least one House. If a State could not convince one Ifouse of Congress that its objections to a waste site were legitimate, the project would proceed over the State's objections. We also expect that when the bill is considered on the floor, amend-ments strengthening the role of the States even further than the Kostmayer amendment will be offered. For 'xample, many States which have been considered as possible host atates for the Nation's first nuclear waste site oppose any Federal role whatsoever, favoring instead an absolute State veto over site selection. In fact, this has been the position of the National Governors Association (NGA) for the past two years. Together with the detailed procedures for State participation that the bill already contains, the amendment ofTered by Mr. Kostmayer is the only way to insure that the States' role will th meaningful and constructive, and not perfunctory. By providing the States with true concurrence in key Federal decisions on nuclear waste, and at the (2)
O O 3 same tiIne preserving the right of Congress to override the State, the, proper balance octween Federal and State concerns will be Inatutained. Perra II. KosrxArza. JIn SANTINT. EowAaD J. 31ARKEY. Jenar IlucKAnr. PAT WILLIAMS. BALTABAR CoRRADA. Unecz F. VzNm 3[ ICKER EDWARDS. Ron AIAntrNrz. DAN 3fAnnIorr. JAurs WEAvra. NICK Joe RAIIALL II. RAr KooorszK. JoIIN SzInznLIwa. Gronor AfILLrn. Ronelrr W. KARTENMEIER. UOB WIIITTAKER. O O O
b( f) a s 'v PROGRAMMATIC IMPACTS OF H.R. 7418_ As Approved by the House Interior Connittee August 22, 1980 Sunnary of Impacts With the exception of minor additional requirements for NRC coasultation and comments, the provisions of this Bill are generally consistee'. with NRC's existing program for waste management regulatory development. Staff expects little difficulty at this point in meeting the June 31,1081, deadline for promulgation of regulatory standards and requirements, although the requirenent for a determination on a construction authorization application within four years of receipt may prove more difficult than is now anticipated. pO Outline of Principal Provisions Affecting NRC -- I. Site Recommendatfon A. By December 31, 1985, the Secretary of Energy shall identify and reconinend to Congress four potential repository sites suitable for licensing and located, to the maximum extent practiable, in four different geologic media. [Sec.103(a)(1)] B. After identification of the four initial potential repository sites, the Secretary shall continue to conduct screening at other locations to determine the availability of additional potential repository sites. [Sec.103(a)(3)] C. The recommendation of a repository site shall not be considered a major federal action under the National Environmental Policy Act (NEPA). k t.r
~.- - ~.. H-O O, u l-l II. Site Selection Guidelines A. No later than February 15, 1981, the Secretary shall, in consultation with the Council on Environmental Quality, the Environmental Protection Agency, the Nuclear Regulatory Commission, and the U.S. Geological Survey,1:: sue guidelines for site qualification. Such guidelines are to be exempt from NEPA, and shall include criteria 7 ? for the~ elimination of sites from further consideration taking into D account' each site's association with valuable natural resources, ) proximity to populations and nuclear defense-related installations, hydrogeophysics, seismic activity, and other factors the Secretary ' considers appropriate. [Sec.103(b)] III. Site Characterization A. Before sinking shafts at any selected repository site, the Secretary shall submit to the Commision for such site: 1. An environmental assessment of non-radiological impacts of planned site characterization activities and a discussion of alternative procedures and any mitigating measures relating h to such impacts. [Sec.103(c)(A)] 2. A characterization plan including at least: l a. a description of the site [Sec.103(c)(1)(B)] b. a description of the planned site characterization program, including planned excavations, on-site testing, provisions -to control adverse safety-related impacts, and investigation activities that may affect the ability of the site to isolate wastes [Sec.103(c)(1)(B)] I L L
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- c.. decommissioning plans for the~ site if it is determined i
= . unsuitable for a license application d. criteria ~and associated data used to arrive at candidate sites e._ -any other information required by the Commission 3. Proposals describing the possible form or packaging of wastes to be emplaced. [Sec.103(c)(1)(D)] B. In carrying _ out activities at each site, the Secretary shall consult h-on a continual basis with the Commission -[Sec.103(c)(1)(B)(2)] C. .At repository sites for which characterization plans have'been submitted, the Secretary shall conduct such tests as may be necessary -to provide _ data sufficient to validate a license application and compliance with NEPA, except that: 1. Radioactive wastes shall not be used unless the Commission concurs [Sec.103(c)(3)(A)] and shall be in the smallest quantity necessary to determine the suitability of the site. l [Sec.(c)(3)(B)] 2. In no case shall tests at any site involve an amount of HLW equivalent in curies to more than 10 metric tons of spent fuel [Sec.103(c)(3)(C)] and all such wastes shall be fully retrievable. [Sec.103(c)(9)(3)(D)] 4
(-. v 4 D. The Secretary shall not continue characterization activities at any site if he determines it unsuitable for eventual I development as a licensed repository, unless continued activity would provide information that could requalify the site for i licensing. IV. Recommendation of Repository Sites 4 A. No later than March 30, 1988, the Secretary shall submit for .i Presidential review a recomendation of a site. [Sec103(d)] Among other things, the report recomending the site shall 1 rh. \\ V contain: 1. A final environmental impact statement for the site and repository design, together with comments by the Commission, Department of Interior, Council on Environmental Quality, and Environmental Protection Agency. 2. Preliminary NRC comments on the extent to which the at-depth site characterization analysis and waste form proposal seem sufficient for inclusion in a licensing application. d(N V. Responsibilities of the Commission A. No later than June 30, 1981, the NRC shall promulgate standards and requirements for the licensing and regulation of HLW disposal. Such standards shall be consistent with the applicable general standards of EPA. [Sec.104(a)(1)] B. No later than two years after the date on which an application for construction authorization is submitted to NRC, the Commission shall report to Congress on its proceedings to date. [Sec.104(b)] f .Such report shall include a description of:
q m t, u .. 1. Major unresolved safety issues, and the Secretary's explanation of design and operating plans for resolving such issues 2. Matters of contention and Commission actions regarding the application C. NRC shall issue a final decision granting or denying an application for construction authorization no later than four years after the date it was submitted. [Sec.104(c)] VI... State and Tribal Participation g The Commission shall provide the State Review Board for a proposed A. repository (and the governing body of any Indian tribe on or adjacent to whose reservation the proposed repository is to be located) timely and complete information regarding determinations or plans made with respect to the siting, development, design, construction, operation, or regulation of the repository. [Sec.105(f)] B. The governing body of any Indian tribe shall be eligible to participate in any licensing proceedings related to repositories to be located on or adjacent to the tribe's reservation. [Sec.106(c)] .,r% .,,7
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