ML20154P151
| ML20154P151 | |
| Person / Time | |
|---|---|
| Issue date: | 11/26/1979 |
| From: | Trubatch S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Rehm T NRC |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9810220227 | |
| Download: ML20154P151 (54) | |
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i November-26, 1979 MEMORANDUM FOR:
Thomas A. Rehm, EDO FROM:
Sheldon L. Trubatch, OGC SUBJECTi NUCLEAR WASTE REGULATION AND CONTROL ACT OF 1979 Senator Hart has' proposed legislation which would amend the NRC's
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- authority to license waste disposal facilities, provide for State participation in the licensing of such facilities,'and couple continued reactor licensing and. operation to the availability of i
waste disposal capacity.
Although the NRC has not yet been asked-to formally comment on this proposal, I believe that such a request will be. forthcoming shortly.
Moreover, because this is a signifi-cant proposal which will require substantial analysis, I believe that we should now initiate the preparation of Commission views.
Accordingly, I would appreciate staff's views - especially those of_NMSS, ELD and State Programs -_on this proposed legislation.
A_ copy of the proposed legislation, a section-by-section analysis of it,'and-Senator Hart's comments are enclosed.
. Enclosure as stated
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1 Extansion of NRC Licensing Authority Over DOE Waste Facilities Mar &W SY6 S. ~1521 would extend the' NRC's licensing authority to DOE facilities
- for the storage or disposal of low-level radioactive vaste (LLU),
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t non-high level transuranium' contaminated waste (TRU), high-level
-waste (HLW), -irradiated nuclear reactor fuel (spent fuel), radio-
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active gas, and decommissioned facilities.
The NRC's authority
- would.also apply to such materials generated' by foreign countries, l
research and development activities, and defense programs.
Before existing facilities could be licensed, a consultation and concurrence l.-
. procedure would be followed by DOE and NRC.
No provision is made for' resolving agency differences.
If the Cormnissicon were to deter-mine that remedial measures are impracticable for any facility, it could order termination of activities at that facil _ty.
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Senator Hart's draft bill would also extend the Cornission 's licensing authority over DOE facilities used to store the types of
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waste enumerated above.
However, facilities for the exclusive i
. storage or disposal of defense wastes would be subj ect to a DOE-NRC consultation and concurrence procedure which includes Congres-sional resolution of agency differences.
The Commission's report on Regulation of Federal Waste Activities will make the following two recommendations for extending the Com-i mission's regulatory authority over DOE waste facilities :
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NRC licensing authority should be extended to cover all
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new DOE facilities for the disposal of TRU waste and non-defense LLW: and l-2.-
A pilot program, focused on a few specific DOE waste management activities, should be established to test the feasibility of extending NRC regulatory authority on a consultative basis to DOE waste management activi-ties not now covered by NRC's licensing authority or its extension as recommended above.
Thus, S.1521 and the Hart draf t bill.would go far beyond the dommission's current position regarding extension o>f its licensing l-authority.
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Westa Facility Li-censing Stencinrde
.S.1521 would establish a new licensing standard for DOE waste facilities.
Before licensing a DOE waste facili_ty, the Commission would have to find that the facility --
(a) presents no substantial probability to one or more individuals or to the general population of death, serious injury or disease, or mutagenic consequences during the toxic life of the waste; Q
(b) presents a yearly maximum planned and unplaraned radia-tion exposure to any individual in the general popula-tion of 10 percent of the EPA standard for -the uranium fuel cycle; i
(c) incorporates the best available technology ifor isolating and containing wastes; and f
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s Senator Hart's draft would also establish a new 31 censing standard for DOE waste facilities.
Before licensing a DO.E waste facility the Commission would have to find that the facility --
l (a) presents no significant hazard to public health and i
safety or the environment during the toxie life of the waste, and i
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(b) incorporatcs the bnst combinstion of available technolog and medium for the isolation and containment of waste stored or disposed.
Both bills would establish new licensing standards for DOE waste facilities and decommissioned facilitics.
Thus, these bills could result in inconsistency with the existing licensing standard for private facilities.
Under NEPA and the Atomic Energy Act of 1954 (Act), the licensing standard for private activities would be promotion of the common defense and security, protection of public health and environment, and minimization of danger to life and property.
See, Sec. 161b. of the Act.
Senator Hart 's proposed standard -- no significant hazard and best combination of available 3
technology -- could be read as an explicit reformulation of the existing licensing standard as applied to waste facilities.
M Moreover, the proposed standard is consistent with current staff thinking.
Thus, Senator Hart's proposed standard night not lead to inconsistency with the existing licensing standard.
a However, the licensing standard proposed in S.1521 is substantially different from the existing licensing standard and essentially is a requirement of zero release.
First, S.1521 would introduce the new undefined criterion " substantial probability".
Second, by including the general population, the licensing standard basically is a no-release requirement because, according to the linear hypothesis,
almost any release of radioactivity will result in some adverse
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effects to the population even though the probability of any effects on an individual may be acceptably small.
'Ihird, S. 15 21 sets a quantitative radiation exposure. criterion based on EPA's environ-mental exposure standards.
'Ihis criterion may not be consistent with EPA's proposed waste disposal regulation.- Moreover, the allowance of individual exposures appears to be inconsistent with the requirement of no substantial probability of adverse affects to the general population.
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Alternativa Facility Sites S.1521 would establish an alternative site requirement 'in addition to any such' requirement imposed by NEPA.
Each application for a waste facility license would identify alternativ e sites and provide data 'on them as required by the Commission.- The. Counnission could waive this additional requirement for research a:nd demonstration facilities.
The Commission -would be required to develop criteria and procedures for evaluating the alternative sites.
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Senator Hart's bill would also establish an additional requirement on the consideration of alternatives.
Under it, each application.
for the construction of a high-level waste facility would have to
. identify and analy Q at least three geologic media and three acceptable waste forms. ~ The Commission would eveeluate these alter-i 7-natives under standards and requirements contain4ed in a rule which the Commission would be required to promulgate.
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Both proposals for the additional consideration of alternatives appear to unnecessarily repeat the Com:aission's clear responsibili-zties under NEPA.
In addition, they could require the NRC to duplicate DOE's analysis of alternatives in the environmental impact statements it will prepare for proposed sites.-
Finally, at -the present
-level of knowledge, it'is'not clear that quantitive requirements. are realistic for numbers of ' alternatives to be considered.
Such a judgment appears to'be best Icft to the agency discretion based on agency. expertise.
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State Notica and Veto l
S.1521 would require an applicant to notify the Governor of the t
State-in which a storage or disposal facility is proposed for HLW, l
TRU, or spent fuel.
This notice would precede the filing of a construction permit application with the Commission.
The State would then designate a representative 'to receive all relevant data and participate in every stage of the proceeding.
Any construc-tion permit or license issued -by the NRC for such a facility would have no effect for 90 days after its issuance.
During this time the State would be able to void the permit or license.
If a' State failed to act in 90' days the permit or license would become effec-tive.
Senator Hart's bill differs in sev,eral respects on the State veto.
The most important difference is the provision of a mechanism for overriding a State veto.
As in S.1521, a State would have 90 days to object to a Commission permit or license.
However, State dis-approval. during that period would serve only to suspend license effectiveness, and the suspension would not he effective.until the Commission received the Governor's formal detailed statement of disapproval.
Within 60 days after a State veto, the President could determine that it should be rejected if (1)- the proposed facility presents no signifciant hazard to public health, safety, and the environment, and l
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, 2) not building the - facility would significantly impair
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the Nation's energy interest.
The President's determination would then be transtnitted to Congress, which could sustain the State' veto by concurrent resolution.
Con-gre'ssional failure to act within 90 days of continuous session would result in the license becoming effective.
Senator Hart's bill also contains the following minor differences Q
from S. 1521:
DOE would notify the State Legislature as well as the Governor, notice would be given before site exploration began, and LLW facilities would be included as well as those for HLW, TRU, and spent fuel.
4 S.1360 would require the Secretary of Energy to notify the C-overnor and State Legislature of a State in which DOE will explore for a site'for.a disposal facility for HLU, TRU and spent fuel.
'Ihe Secre-
'.Q tary and Governor will then enter into an agreement which provides for State concurrence.
Any such arrangement would bind the NRC as well as all other Federal agencies.
DOE could not initiate work on a repository until the arrangement is completed.
The State will then be able to veto any phase of repository development.
No pro-vision is made for overriding a State's veto.
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Current law renders somewhat superfluous the notice provision w'nich would require DOE to inform a State that it may be considered for a l'
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Pub. L.95-601, the NRC Authorization Act for 1979, l
provided that anyone. proposing to build a storage or disposal facility for HLU, LLW, TRU, or spent fuel would notify the Commis-
.sion as soon' as possible after the initiation of facility planning.
The Commission, in turn, would then notify the Governor and State legislature of the identified State.
Tne Commission has addressed the issue of State veto on several occasions.
In its testimony of June 14, 1978, the Commission stated 3
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.that it ~would be appropriate to give statutory recognition to the legitimate concerns of States in which waste facilities may be located, emphasized the need for State participation in the licensing process, recommended that any State veto should be carefully drafted te clarify the circumstances under which it could be exercised, and suggested that the opportunity for exercising a State veto should be limited - to the time at which a final decision is made to authorize L
facilit'y construction.
This position was reiterated in the Report O
to Cong ess on ueens for 1mproving Stete verticiretion in the siting.
Licensing, and Development of Federal Nuclear Waste Facilities.
NUREG-0539 (March 1979).
More recently, in testimony delivered on July 27, 1979, a majority of the Commission endorsed the statement on State veto in NUREG-0539.
However, Commissioner Gilinsky, in a l
separate view, stated that the Commission should not take a position t
on a State veto because its advisability-depends on political and economic considerations beyond the Commission's scope of responsi-l bility.
Commissioner Bradford, in a separate statement, stated that l
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States should have a veto.
Finally, Chairman Hendrie, in a separate view, stated that States should have every opportunity to participate in waste facility activities but that Federal pre-emption of any State veto may be necessary.
In view of the foregoing, a majority of the Commission might oppose j
the State veto provi'sion in S.1521.
That bill does not specify the circumstances under which a State could exercise its veto, nor does it provide a procedure for resolving State conce rns.
Moreover, it
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would permit a State to veto facility operation.as well as construc-tion.
The same observations are eaually applicable to.S.1360.
In addi-tion, that bill would be contrary to the separat: ion of NRC and DOE jurisdiction accomplished by the Energy Reorgani.zation Act of 1974.
S.1360 would bind NRC to a State veto arrangememt entered into by a State and DOE.
f) v The veto provision in Senator -Hart's bill appear s to be responsive i
to the Commission's concerns regarding specifici.ty of State objec-tions and the need for a mechanism for their res:olution.
- However, the bill would appear to permit a State to veto a facility for the temporary storage of spent fuel.
In the June 27, 1979 testimony, the Commission stated that a veto would not be apprc3priate for such f acilities' because there -is no reason to treat them differently from other fuel cycle facilities.
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Limit on NRC Authority to License DOE L
Facilities to Store Spent Puel Both S.1521 and the Hart draft bill would couple NRC licensing of a DOE spent fuel storage facility to the availability of a permanent disposal facility for such material.
S. 1521 would require the Commission to condition facility licenses for spent fuel storage to prohibit the Secretary of Energy from taking title l
to spent. fuel or assuming responsibility for its disposal until an L
MRC licensed permanent repository for spent fuel is in operation.
The Hart bill would go further and simply prohibit the Commission
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from licensing any DOE spent fuel storage facility until an NRC licensed permanent repository for spent fuel is in operation.
In addition, the Hart bill would prohibit the URC from licensing a 1
DOE temporary storage facility designed to facilitate waste reprocessing.
Both of these bills would establish NRC license conditions which are not directly related to health and safety.
S. 15 21 would use
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the Commission's licensing authority to impose conditions on the Secretary of Energy.
The conditions would appear to be more properly imposed on the Secretary directly by Congress.
It would also appear more appropriate for Congress to directly prohibit DOE from building spent fuel storage facilities for the purpose of
-facilitating waste reprocessing.
'The FMrt bill would leave it up to private industry to build tempor-ary storage _ facilities for spent fuel until a permanent disposal
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The Commission, in its
. testimony.of June 27, 1979, expressed no opinion on whether interim l
spent fuel storage facilities should be owned privately or by the u
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At that time the Commission expressed the belief that it could adequately analyze the health, safety, and enviornmental impacts of such facilities whether they are constructed l
by the Federal government or by private industry.
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L Uaste-Management Plan-l I:
.S. 1521 would require. DOE to report to NRC and seek its concurrence in detailed plans for the management and disposal of ' radioactive waste for each. facility which generates a significant quantity of l
-LLW, HLW, TRU, ' spent fuel, radioactive gas, and - decommissioning material.
Before concurring in the plans, the NRC would recommend
. changes necessary to. protect the public health, safety and the environment, and be satisfied that such recommendations had been 1
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implemented.
No procedure is provided for resolving differences i
between NRC and DOE.
Among other things, this provision would appear to inject -the NRC into DOE 's management of waste at unlicensed faci.11 ties, including those devoted to-national security purposes.
Suc:h a significant expansion of the Commission's regulatory authority appears to require extensive analysis to ensure that its implications are fully recog-nized.
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EPA Waste Regulations Senator Hart's bill would direct the Environmental Protection Agency (EPA) to set generally applicable standards for the pro-tection of public health, safety, or the environment from radio-logical and non-radiological hazards associated with permanent repositories for HLW.
The Commission's standards f'or evaluating alternatives for HLW disposal would have to conform to these EPA standards.
l l 1,)v This provision would 'substantially extend EPA's-jurisdiction into f-areas now regulated by the NRC.
Currently, under Reorganization Plan No. 3 of 1970, EPA is authorized to promulgate generally applicable environmental radiation standards and, with the Presi-dent's approval, broad radiation guidance to Federal agencies.
FPA standards and guidance are binding on the NRC.
Tne NRC implements the EPA standards by invoking the Commission's authority under the Atomic Energy-Act of 1954 to regulate licensees' facilities.and
'their possession of defined classes of radioactive material.
This l phs l
division of responsibility is reiterated in the Icecorandum of l
Understanding of September 11, 1973 (38 Fed. Reg. 24936), and applies to waste facilities.
EPA has additional authority under the Clean Air Act Amendments of 197'7 which authorized the Administrator to declare radioactive r
- effluents into the air to be hazardous.
EPA can limit the quantity of such effluents and, in some cases, impose operati.onal limits within 4
a licensee's boundary.
However, this authority might not affect waste
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. facilities-if they are designed to avoid radioactive effluence into the air.
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Senator Hart's bill would result in a jurisdictional overlap t
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Such an overlap could. res' ult in juris-dictional dispute and duplicative agency effort.
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Waste Generation Limits S.1521 would direct the NRC, in consultation with DOE, to report to the President and Congress by January 15, 1987 on the existence j
of adequate permanent. disposal capacity by December 31, 1990, for l
HLW, TRU,'and spent fuel generated by all sources.
If available
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-disposal capacity is found to be inadequate the Commission would be l.
required to order the suspension of further commercial generation
.of~HLU, TRU, and. spent fuel until the NRC finds that adequate disposal capacity is available.
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' Senator Hart's bill would also provide limits on ~ the generation of commercial waste but is significantly different from S.1521.
first, the Eart bill would not require the existence of disposal
. capacity by a-fixed date.
It would impose limits if the NRC finds
. that adequate disposal technology does not exist by January 1, 1985
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or DOE fails.to submit two rWo~siiorp"iji~plfcatiioWby'Janry 17
- 1984 scond~~the~HEYE~1sil1~would~n6t ~iWose'a complete morato ium on.cocmercial power generation.
Instead, the bill would require a u
' r. eduction of maximum allowed facility capacity by ten percent for every year after the deadlines for DOE submission of respository
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applications or NRC findings of availability of disposal technology.
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- Third, the Commission would be authorized to exempt any facility if l
reduction of. its power would be inimical to publi.c -health and safety.
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l Waste Technology Assessment l
S.1521 would direct the NRC and EPA to hold a joint adjudicatory proceeding to determine whether disposal technology exists.
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the United States Geological Survey, and the National Academy of Sciences would be mandatory parties.
Any other person whose l
interest might be effected would be permitted to intervene.
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and EPA would report their findings to Congress and the President by December 31, 1982.
A negative determination regarding the
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existence of disposal technology would trigger a moratorium on e.
reactor licensing.
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Senator Hart's bill would direct only the Commission to hold a public proceeding to determine whether disposal technology exists.
i l-i Although the proceeding would be of the notice and coccent type, DOE, EPA, USGS, and NAS would be parties and any person whose interest might be affected would be permitted to intervene.
Here too, a negative determination regarding the existence of disposal i
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technology would trigger a licensing moratorium.
l These, proposed proceedings would appear to substantially duplicate N~ ~~'
the proceeding now being developed by the Commission in response to L
the decision in Minnesota v. NRC.
In that decision, the United 1
States Court of Appeals for the District of Colmmbia Circuit remanded to the Commission consideration of the following issues:
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' 1) whether there is reasonable assurance that off-site storage
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for. spent fuel will be available when nuclear power plant operating licenses expires and-if not, (2) whether there is reasonable assurance that speht fuel can
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The Commission is now considering the appropriate scope and procedures consistent with the Court 's. decision.
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- m AMENDMENT N
Purpose:
To codify the licensing and related regulatory authority N-of the Nuclear Regulatory Commission relating to the reg-j s
ulation and control of nuclear waste.
E IN TIIE SENATE OF TIIE UNITED STATES-96th Cong.,1st Sess.
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S.1521 s
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To expand the licensing and related regulat, authority of the 4
Nuclear Regulatory Commission over storage and disposal hfa[jd
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participation in the licensing of such facilities, and to estab-lish a schedule for implementation of wdste management planning.
November 19 (legislative day, November 15), 1979 N
Referred to the Committee on Environment and Public Works and ordered to be printed 1
AMENDMENT intended to be proposed by Mr. ILART Viz: Strike all after the enacting clause and insert in lieu thereof the following:
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SEcTIos 1. The Act may be citea as the "Nationai Nu-
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2 clear Waste Regulation and Control Act of 1970".
3 SEC. 2. (a) Section 202 of the Energy Reorganization 4 Act of 1974 is amended by designating the existing section 5 202 as "SEc. 202. (a)" and adding as follows:
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"(b) Notwithstanding the exclusions provided in section 7 110 a. or in any other provisions of the Atomic Energy Act 8 of 1954, as amended, the Nuclear Regulatory Commission
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2 1 (hereinafter referred to as the " Commission") shall, except as 2 otherwise specifically provided by section 110 b. of such Act, 3 have licensing and related. regulatory authority pursuant to 4 chapters G, 7, 8, and 10 of such Act as to facilities of the 5 Department of Energy not in use or under construction on 6 the date of enactment of this section for the storage or dis-7 posal of low-or high-level radioactive waste, including irradi-8 ated nuclear reactor fuel, non-high-level transuranium con-0 taminated waste, radioactive gas, and decommissioned facili-g 10 ties, and including such materials generated by activities in 11 foreign countries or by activities which are part of research 12 and development or defense programs: Provided, howeoer, 13 That such facilities which are designed and intended for the-14 exclusive short-term storage of such materials generated by 15 activities which are part of defense programs shall be subject 10 to subsection (f) of this section only.
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"(c) Prior to license issuance under the preceding sub-18 section, the Commission shall determine that the facility-10
"(1) presents no significant hazard to public 20 health and safety or the environment during the toxic 21 life of the waste to be stored or disposed therein; and 22
"(2) incorporates the best combination of available 23 technology and medium for tiie isolation and contain-ment of such waste.[ ~7 c/4% gZ ~4 /d 24
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"(d) For each facility, or portion thereof, of a type de-2 scribed in subsection (a) of this section which is in use or 3 under construction on the date of enactment of this subsec-4 tion, the Secretary of Energy shall file with the Commission 5 within nine months of such date a report setting forth in 6 detail-7
"(1) data on public health, safety, and environ-8 mental impacts of past storage or disposal, including, l
9 but not limited to, evidence of waste migration, in-10 stances of failure of containment, contamination of sur-11 face or ground waters, and corrective measures em-12 ployed; 13
"(2) each long-term or irreversible disposal com-14 mitment, including, but not limited to, soil contamina-15 tion, shallow land burial, and entombment of contami-16 nated equipment or facilities; and 17
"(3) a plan for remedial measures to assure the 18 facility presents no significant hazard to the public 19 health and safety or the environment, including a 20 schedule for implementation with specific attainment 21 dates.
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"(e) Within one year of the submission of each report 23 required by the preceding subsection, the Commission, in 24 consultation with the Secretary of Energy, shall order-
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"(1) such modifications to the remedial plan con-2 tained in such report as are necessary to assure the fa-3 cility presents no significant hazard to the public health 4
and safety or the environment; or 5
"(2) that it would be impracticable to employ re-G medial measures to assure the facility presents no sig-7 nificant hazard to the public health and safety or the 8
environment, and such conditions and requirements as 9
are necessary to minimize risk to public health and 10 safety or the environment while facility operations are 11 terminated and the facility is decontaminated and de-12 commissioned.
13 In the event the Secretary of Energy does not concur in the 14 Commission order within ninety days of such order, the Com-15 mission and the Secretary shall submit all documents rele-16 vant thereto, including an itemized estimate of cost, to the 17 Committee on Interstate and Foreign Commerce and the 18 Committee on Interior and Insular Affairs of the IIouse of 19 Representatives and to the Committee on Environment and 20 Public Works of the Senate. The Congress may approve, dis-21 approve, or amend such order by concurrent resolution within 22 ninety days of continuous session following the submission 23 thereof. Should the Congress fail to act within such period, 24 such recommendation shall be immediately effective at the 25 expiration thereof.
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"(f) For each facility of a type described in subsection (a) 2 of this section that is designed and intended for the exclusive 3 short-term storage of waste generated by activities that are 4 part of defense programs, the Secretary of Energy shall file 5 with the Commission within nine months of enactment of this 6 section a plan setting forth in detail specifications and meth-7 ods for facility construction and operation, including, but not 8 limited to, data on design, function, capacity, and location.
0 Within one year of the submission of each such plan, the 10 Commission, in consultation with the Secretary of Energy, 11 shall order such modifications thereto, if any, as are neces-12 sary to assure the facility presents no significant hazard to 13 the public health and safety or the environment. In the event 14 the Secretary does not concur in such modifications within 15 ninety days of such order the Commission and the Secretary 16 shall submit all documents relevant to the facility plan and
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17 the modifications thereto, including an estimate of cost, for 18 each such modification, to the Committee on Interstate and 10 Foreign Commerce and the Committee on Interior and Insu-20 lar Affairs of the House of Representatives and to the Com-21 mittee on Environment and Public Works of the Senate. The 22 Congress may approve, disapprove, or amend the facility 23 plan as modified by order of the Commission by concurrent 24 resolution within ninety days of continuous session. Should l
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6 1 the Congress fail to act within such period, such order shall 2 he immediately effective at the expiration thereof.
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"(g) The Secretary of Energy shall submit to Congress 4 a request for a specific authorization to implement-5
"(1) a Commission order under subsection (e) of 6
this section, or 7
"(2) a Commission modification to a facility plan 8
under subsection (0 of this section, 9 as soon as practicable following either concur,ence therein by 10 the Secretary, or approval or amendment thereof by the 11 Congress.".
12 (b) The Nuclear Regulatory Commission shall by rule 13 promulgate regulations to implement the procedures estab-14 lished by sections 202 (d), (e), and (0 of the Energy Reorga-15 nization Act of 1974, as amended by this section, within six 16 months of the date of enactment of this section. Such regula-17 tions shall at a minimum provide for-18 (1) continuing Commission access to each facility 19 before and after (i) implementation of the plans as 20 modified, required by such subsections, or (ii) decon,-
21 mission and decontamination of such facility; 22 (2) continuing Commission access to data deemed 23 necessary by the Commission; and 24 (3) such measures as are necessary to prevent dis-25 elosures inimical to the common defense and security.
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7 1 After the reinspection provided for in this subsection, the 2 Commission shall report to Congress within ninety days on 3 the extent to which the Secretary of Energy had complied 4 with the plan, as modified. Any person may bring a proceed-5 ing in the United States District Court for the District of G Columbia to require the Nucleaq Regulatory Commission to 7 promulgate the rule required by this subsection if the Com-8 mission has not promulgated such rule by the date specified 9 herein.
10 ALTERNATIVE SITE APPLICATIONS 11 SEC. 3. In addition to any requirement imposed by the l'i National Environmental Policy Act of 1969, as amended, the 13 Nuclear Regulatory Commission shall require each construc-14 tion permit application submitted under section 20_ut) of the 15 Energy Reor anization Act of 1974, as amended, to identify 64 16 and p jze accepta e alternative facility sites embodying 17 not less than three geologic media and to identify and a%3'
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18 lyze not less than three acceptable alternative forms of prep-19 aration for the waste to be stored or disposed in the subject 20 facility.
21, STANDARDS AND REGULATIONS 22 SEC. 4. (a) As soon as practicable, but not later than 23 January 1,1981, the Administrator of the Environmental 24 Protection Agency shall, by rule, promulgate standards of 25 general application for the protection of the public health,
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8 1 safety, or the environment from radiological and nonradiolog-2 ical hazards associated with permanent repository disposal 3 of high-level radioactive waste. Any person may bring a pro-4 ceeding in the United States District Court for the District of 5 Columbia to require the Administrator to promulgate the rule G required by this subsection if the Administrator has not pro-7 mulgated such rule by the date specified herein. The Admin-8 istrator may periodically revise any standard promulgated 9 pursuant to this subsection. Within three years after revision 10 of any such standard, the Commission shall apply such re-11 vised standard in the case of any license for a facility for the 12 disposal of high-level radioactive waste, or any revision or 13 renewal of such a license.
14 (b) As soon as practicable, but not later than January 1, 15 1982, the Nuclear Regulatory Commission shall, by rule, 16 promulgate standards and requirements to evaluate the alter-l 17 natives identified pursuant to section (3) that will protect the 18 public health, safety, or the environment from radiological 19 and nonradiological hazards associated with permanent re-20 pository disposal of high-level radioactive waste. Any person 21 may bring a proceeding in the United States District Court 22 for the District of Columbia to require the Commission to 23 promulgate the rule required by this subsection if the Com-24 mission has not promulgated such rule by the date specified 25 herein. Such standards and requirements shall conform with
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9 1 applicable general standards promulgated by the Administra-2 tor of the Environmental Protection Agency under the pre-3 ceding subsection. In carrying out the authority provided by 4 this subsection, the Commission is authorized to make such 5 studies and inspections and to conduct such monitoring as 6
ay be necessary.
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7 (c) As soon as practicable, but not later than January 1,
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8 1984, the Secretary of Energy shall ;ubmit to the Commis-9 sion applications for cond
- rmus for a permanent re-10 pository in each of two or more States. In deciding for which 11 sites to seek construction permits, the Secretary shall give 12 preferred consideration to sites located within the boundaries 13 of Federal lands containing a nuclear waste storage area in 14 existence prior to enactment of this Act. If the Secretary fails 15 to submit such an application by the date specified in this n.
16 subsection, the Commission shall immediately suspend issu-17 ance of construction permits and operating licenses for utili-18 zation facilities licensed under section 103 or 104 b. of the 19 Atomic Energy Act of 1954, as amended.
20 (d) As soon as practicable, but not later than January 1, 21 1992, the Commission shall act on the application required 22 by the preceding subsection.
23 COMMISSION WASTE LICENSING ASSESSMENT 24 SEC. 5. (a) The Nuclear Regulatory Commission is au-25 thorized and directed to investigate and determine-1
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(1) whether a technology exists for the prepara-2 tion of high-level radioactive waste, non-high-level 3
transuranium contaminated waste, and irradiated nu-4 clear reactor fuel, and for an appropriate medium, 5
which would permit the licensing of a facility for the G
ultimate disposal of such wastes without presenting a 7
significant hazard to public health and safety or the en-8 vironment during the toxic life thereof, and 9
(2) what issues, if any, remain to be resolved be-10 fore an affirmative determination may be made pursu-11 ant to the preceding paragraph.
12 (b) To make the determinations required by subsection 13 (a) of this section, the Nuclear Regulatory Commission shall 14 conduct a public proceeding in accordance with section 533 15 of the Administrative Procedure Act, as amended. The Envi-16 ronmental Protection Agency, the Department of Energy, 17 the United States Geological Survey, and the National Acad-18 emy of Sciences shall be parties to such proceeding, and any 19 other person whose interest might be affected shall be per-20 mitted to intervene. The Nuclear Regulatory Commission 21 shall report findings and determinations to the Congress and 22 the President on or before January 1,1985.
23 (c) If the report required by the preceding subsection 24 contains a negative determination on the question presented
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t 11 1 by subsection (a)(1) of this section, the Nuclear Regelatory 2 Commission shall-3 (1) report to the Congress and the President 4
thereon every year after the initial reporting date, and 5
(2) suspend issuance of construction permits and 6
operating licenses for utilization facilities licensed
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7 under section 103 or 104 b. of the Atomic Energy Act f U.
8 of 1954, as amended, and approval of construction 9
thereon pending construction permit issuance, as of 10 January 1,1985, until such time as the Nuclear Regu-11 latory Commission shall report to the Congress and the 12 President an affirmative determination pursuant to sub-13 section (a)(1) of this section.
14 COMMISSION ORDERS REGARDING WA8TE GENERATION 15 SEC. 6. The Nuclear Regulatory Commission shall 16 order the reduction of the maximum allowed capacity of each 17 utilization facility licensed under section 103 or 104 b. of the 18 Atomic Energy Act of 1954, as amended, by 10 per centum l
19 for each year that-20 (1) the date specified in section 5(b) is exceeded 21 without an affirmative determination having been made 22 thereunder, or 23 (2) the date specified for Commission action in 24 section 4(d) is exceeded without a construction permit e
a
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for a permanent repository for high-level radioactive 2
waste having taken effect:
3 Provided, hotcerer, That in any case where the Commission I
4 determines that application of the sanction provided herein to 5 a particular facility will result in an impact substantially in-6 imical to the public health and safety, the Commission shall 7 exempt that facility from the order implementing such sanc-8 tion. In any case where such an exemption is determined to 9 be necessary the Commission shall review the need therefor 10 on a quarterly basis.
I1 STATE PARTICIPATION 12 SEC. 7. (a) Prior to commencing site exploration, the 13 Secretary of Energy shall notify the Governor and State leg-14 islature of an intent to explore a site in such State for a 15 facility for the storage or disposal of low-or high-level radio-16 active waste, non-high-level transuranium contaminated 17 waste, or irradiated nuclear reactor fuel. The Secretary shall 18 make available to the designated State representative on a 19 continuing basis all data relevant to the planning, siting, de-20 velopment, construction, and operation of the proposed 21 facility.
22 (b) The Nuclear Regulatory Commission shall afford the 23 designated State representative an opportunity for full par-24 ticipation at every stage of the proceedings for issuance of a 25 construction permit and operating license for a facility of the
0 0
13 1 type described in the preceding subsection. Any construction 2 permit or operating license issued for such a facility shall be 3 without force and effect for a period not to exceed ninety 4 days after the date of issuance. The State may approve or 5 disapprove such construction permit or operating license T
M G within such period by action of the Governor or by whatever 7 procedure the State legislature has prescribed. In the event 8 of an approval, such construction permit or operating license 9 shall become immediately effective. In the event of a disap-10 proval, such construction permit or operating license shall be 11 suspended. Such suspension shall not take effect until the 12 Governor of the disapproving State submits to the Commis-13 sion a formal statement of disapproval that states in detail
}
14 the objections to construction or operation of such facility. In 15 the event the State fails to take either action within the nine-16 ty days prescribed, such construction permit or operating li-17 cense shall take effect on the expiration thereof.
18 (c) Within sixty days of the filing of a State's disapprov-19 al of construction or operation of a facility for the storage or 20 disposal of any of the wastes enumerated in subsection (a) of 21 this section, the President may make a determination that a
22 the State's disapproval should be rejected and the construc-23 tion permit or the operating license should be reinstated upon 24 a finding that-
14
'l (1) the proposed facility presents no significant 2
hazard to public health and safety or the environment, 3
and 4
(2) not building the proposed facility would signifi-5 cantly impair the Nation's energy interest.
6 The President's determination shall be promptly transmitted I
7 to Congress, together with documentation in support of the 8 findings required by paragraplis (1) and (2) of this subsection, 9 and referred to the Committee on Interstate and Foreign 10 Commerce and the Committee on Interior and Insular Affairs 11 of the House of Representatives and the Committee on Envi-12 ronment and Public Works of the Senate. In the event the 13 Congress fails to disapprove or amend such a determination 14 by concurrent resolution within ninety days of continuous 15 session, the suspension of the construction permit or the op-16 erating license provided by the preceding subsection shall be 17 immediately terminated at the expiration thereof.
18 LICENSING OF AWAY-FROM-REACTOR STORAGE 19 Sec. 8. The Nuclear Regulatory Commission shall not 20 license any facility of the Department of Energy for the tem-21 porary away-from-reactor storage of commercially generated 22 nuclear reactor fuel under section 202(a) of the Energy Reor-23 ganization Act of 1974, as amended:
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(1) until such time as a facility for the permanent l
2 disposal of such waste licensed by the Commission is 3
in operation; or 4
(2) for the purpose of facilitating the reprocessing 5
of such waste.
Amdt. No. 646
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9636 W,
1 ns R$C lk MANAGEMENT i NG Qu II DC 20533 W
J Phv DGru CONORESS S.1521
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To expand the licensing and related regulatory authority of the Nuclear Regula-tory Commission over storage and disposal facilities for nuclear waste, to provide for meaningful State participation in the licensing of such facili-ties, and to establish a schedule for implementation of waste management planning.
IN TIE SENATE OF TIE UNITED STATES JULY 16 (legislative day, JUNE 21), 1979 Mr. RANDOLPH introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To expand the licensing and related regulatory authority of the
)
Nuclear Regulatory Commission over storage and disposal facilities for nuclear waste, to provide for meaningful State.
participation in the licensing of such facilities, and to estab-lish a schedule for implementation of waste management planning.
1 Be it enacted by the Senate and House of Ilepresenta-2 tioes of the United States of America in Congress assembled, 3 That this Act may be cited as the " Nuclear Waste Regulation 4 Act of 1979".
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SEC. 2. Section 202 of the Energy Reorganization Act 2 of 1974 is amended to read as follows:
3 "SEC. 202. (a) Notwithstanding the exclusions provided 4 for in section 110 a. or any other provisions of the Atomic 5. Energy Act of 1954, as amended, the Nuclear Regulatory G Co~mmission shall, except as otherwise specifically provided 7 by section 110 b. of such Act, have licensing aml related 8 regulatory authority pursuant to chapters G,7, 8, and 10 of 0 such Act as to facilities of the Department of Energy, for the 10 storage or disposal of low or high level radioactive wastes, 11 including irradiated nuclear reactor fuel, non-high level trans-12 uranium contaminated waste, radioactive gas, and decommis-13 sioned facilities, and including such materials generated by 14 activities in foreign countries or by activitics which are part 15 of research and development or defense programs.
16
"(b) Prior to license issuance under the preceding sub-17 section, the Commission shall determine that the facility-18
"(1) presents no substantial probability to one or 19 more individuals or the general population of death, se-20 rious injury or disease, or mutagenic consequences, 21 during the toxic life of the waste to be stored or dis-22 posed.therein; 23
"(2) presents to any individual in the general pop-24 ulation in any year waste is to be stored or disposed:
25 therein radiation from planned and unplanned emissions
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1 and effluents which in the aggreg~ ate does not exceed 2
10 per centum of the annual exposure standard for the 3
-uranium fuel cycle promulgated by the Administrator 4
of the Environmental Protection Agency; 5
"(3) incorporates the best available technology for s
G the isolation and containment of such waste; and 7
"(4) is situated in the best possible medium for 3
8' the duration of storage or disposal of such waste for 9
which the facility is designed: Provided, hotverer, That 10 the determination prescribed by this paragraph need 11 not be made for facilities intended to demonstrate the 12 existence of a safe and practical technology for perma-13 nent disposal, or to assess the characteristics of a par-14 ticular site or medium.
15
"(c) For each facility, or portion thereof, of a type de-10 scribed in subsection (a) of this section which is in use on the
)
17 date of enactment of this subsection, the Secretary of Energy 18 shall file with the Commission within nine months of such 10 date a report setting forth in detail environmental and safety 20 data, including, but not limited to evidence of waste migra-21 tion, instances of failure of containment, contamination of
.22 surface or ground waters, and corrective measures employed.
- 23 Within one year of the submission of each such report, the
- 24 Commission, in consultation with the Department of Energy,
,25 shall require such remedial measures, if any, as are necessary
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4 1 to assure the facility presents no substantial probability to 2 on6 or more individuals or the general population of dbath, 3 serious injury or disease, or mutagenic consequences. Within 4 one year of receipt of such requirements, the Secretary of 5 Energy shall submit to the Commission for concurrence plans G for the implementation of such requirements, including a spe-7 cific schedule of compliance with any interim requirements 8 and specific attainment dates for interim and final require-9 ments. Upon concurrence by the Commission, such plans, 10 compliance schedule, and attainment dates shall be a condi-11 tion of the license issued for such a facility or portion thereof.
12 In any case where the Commission determines that it would 13 be impracticable to employ remedial measures t6 enable a 14 particular facility, or portion thereof, to fully meet the public 15 health standard provided by this subsection, the Commission 16 shall prescribe such conditions and requirements as are nec-17 'essary to protect public health and safety and the environ-18 ment while facility operations are terminated and the facility 10 is decontaminated and decommissioned, and specify a sched-20 ule for compliance with such conditions and requirements.
21
"(d) For each facility of the Department of Energy 22 which generates a significant quantity of iny of th6 waitc6 23 enumerated in subsecti6n (i) of this se6 tion, thi Secrstiry of 24 Energy shall submit to th6 Commission f6r 6oncurren6e a 25 rkp6rt setting forth d6 tailed plans for the manag4 ment 6f
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5 1 such waste and for its ultimate disposal. The Secretary shall 2 submit such a report for concurrence within one year of the 3 date of enactment of this subsection, every third year thereaf-4 ter, and whenever revision of such plans is contemplated.
5 The Commission shall recommend such changes, if any, as 6 are necessary to protect the public health and safety and the 7 environment, and shall be satisfied that such recommenda-8 tions have been implemented before affording its concur-O rence.".
10 SEC.[3.(a)]In addition to any requirement imposed by 11 the National Environmental Policy Act of 1969, as amended, 12 cach license application submitted under section 202(a) of the 13 Energy Reorganization Act of 1974, as amended, shalliden-14 tify alternative sites for the facility. The applicant shall pro-15 vide such data as the Nuclear Regulatory Commission deems 10 sufficient for each such site. Except as may be required by
)
17 the provisions of the National Environmental Policy Act of 18 1000, as amended, the Commission is authorized to waive or 10 modify the alternative site requirement of this subsection if 20 the subject facility is intended to demonstrate the existence of 21 a safe and practical technology for permanent disposal or to 22 assess the characteristics of a particular site or medium.
23 (b) The Commission shall develop criteria and proce-24 dures for the evaluation of alternative sites identified under S.1521 2
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1 subsection (a) of this section within eighteen months of the 2 date of enactment of this section.
3 SEC. 4. (a) Not later than twelve months prior to filing 4 with the Commission a construction permit application for a 5 storage or disposal facility for high level radioactive waste, 6 non-high level transuranium contaminated waste, or irradiat-7 ed nuclear reactor fuel, the prospective applicant shall notify 8 the Governor of the State of proposed situs of an intent to 9 file, and shall make available to the designated State repre-10 sentative on a continuing basis all data relevant to the in.
11 tended application. The designated State representative shall 12 be afforded a reasonable opportunity for meaningful partici-13 pation at every stage of the proceedings for construction 14 permit and license issuance.
15 (b)- Any construction permit or license issued by the 16 Commission for a facility of a type described in subsection (a) 17 of this section shall be without force and effect for a period 18 not to exceed ninety days from issuance. The State may ap-19 prove or disapprove such construction permit or a license 20 within this period by action of the Governor or by whatever 21 procedure the State legislature has prescribed. Should the 22 State approve, such a construction permit or license shall 23 become immediately effective. Should the State disapprove, 24 such license shall be voided. Should the State fail to take 25 either action in timely fashion, such construction permit or
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7 1 license shall take effect on the expiration of the ninety-day 2 period.
3 SEC. 5. (a) The Nuclear Regulatory Commission and 4 the Environmental Protection Agency are authorized and di-5 rected to investigate and determine-G (1) whether a technology exists for the prepara-7 tion of high level radioactive waste, non-high level 8
transuranium contaminate'd waste, and irradiated nu-9 clear reactor fuel, and for the isolation and contain-10 ment of such wastes once prepared in an appropriatd 11 medium, which would permit ultimate disposal of such 12 wastes without presenting during the toxie life thereof, 13 a substantial probability to one or more individuals or 14 the general population of death, serious injury or dis-15 case, or mutagenic consequences; and 16 (2) what issues, if an,, remain to be resolved
)
17 before an affirmative determination may be made pur-18 suant to the preceding paragraph.
19 (b) To make the determinations required by subsection 20 (a) of this section, the Nuclear Regulatory Commission and 21 the Environmental Protection Agency shall conduct a public 22 proceeding in accordance with sections 554,555, and 556 of 23 the Administrative Procedure Act, as amended. The Depart-24 ment. of Energy, the United States Geological Survey, and 25 the National Academy of Sciences shall be parties to such
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8
.1 proceeding, and any other person whose interest might be 2 affected shall be permitted to intervene. The Nuclear Regula-3 tory Commission and the Environmental Protection Agency 4 shall report their findings and determinations to the Congress 5 and the President on or before December 31,1982.
6 (c) If the report required by the preceding subsection 7 contains a negative determination on the question presented 8 by subsection (a)(1) of this section, the Nuclear Regulatory 9 Commission shall-10 (1) jointly, with the Environmental Protection 11 Agency, report to the Congress and the President 12 thereon every second year from the initial reporting 13 date, and 14 (2) suspend issuance of construction permits and 15 operating licenses for nuclear generating facilitics, and 16 approval of construction thereon pending construction 17 permit issuance, as of December 31, 1982, until such 18 time as the Nuclear Regulatory Commission and the 10 Environmental Protection Agency shall report to the 20 Congress and the President an affirmative determina-21 tion pursuant to subsection (a)(1) of this section: Pro-22 vided, however, That an operating license may be 23 issued for such a facility after December 31, 1982, 24 notwithstanding a suspension pursuant to paragraph (2) 25 of this subsection if an application for a construction
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permit therefor was submitted prior to January 15, 2
1979, and the construction permit was obtained hnd substantial construction was accomplished thereunder 3
4 prior to December 31,1982.
5 SEC. 6. On or before January 15, 1987, the Nuclear 6 Regulatory Commission,in consultation with the Department 7 of Energy, shall report to the Congress and the President on 8 whether adequate permanent disposal capacity as defined in 9 section 6(a)(1) of this Act will exist on or before December 10 81, 1990, for the volume of high level radioactive waste, 11 non-high level transuranium contaminated waste, and irradi-12 ated nuclear reactor fuel, from whatever source, which is 18 projected to require such disposal within the United States on f ',
14 such date. If a negative determination is made, the Commis-15 sion shall-16 (a) report to the Congress and the President every 17 third year from the initial reporting date, and
~
18 (b) order the suspension of further commercial 19 generation of the wastes enumerated in this section, 20 until such time as the Commission shall report to the Con-21 gress that adequste permhnent disposal capacity exiits for
$2 the volume of such wiktei, from whhtsver sour 64, whidh rs h8 ' quirci su6h disposil within the United Statdi it the tims of l
I4 :iuch r4 port. -
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SEC. 7. The Nuclear Regulatory Commission shall not 2 license any facility of the Department of Energy for the stor-3 age of commercially generated irradiated nuclear reactor fuel 4 pursuant to section 202(a) of the Energy Reorganization Act 5 of 1974, as. amended, unless such license prohibits the Secre-G tary of Energy from entering into contracts to assume title to 7 such waste or responsibility for the permanent disposal there-8 of until such time as a facility for the permanent disposal of 0 such waste licensed by the Commission is in operation.
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