National Nuclear Waste Policy Act of 1982

Summary

National Nuclear Waste Policy Act of 1981 - Title I: Findings and Purpose - Declares the purpose of this Act to be the establishment of a Federal policy for the acquisition and interim storage of spent fuel and the long-term storage and disposal of high-level radioactive waste generated by civilian nuclear activities. Title II: Definitions - Defines the terms used in this Act. Title III: Interim Storage of Spent Fuel From Civilian Nuclear Powerplants - Directs the Secretary of Energy to enter into contracts with owners of civilian nuclear powerplants which cannot provide adequate spent fuel storage capacity at the powerplant site. Requires that under such contracts the Government agree to take title to any spent fuel which cannot be stored onsite and transport it to, and store it in, federally owned and operated interim storage facilities, pending further processing, storage, or disposal. Prohibits contracts for spent fuel in amounts in excess of available storage capacity. States that this Act does not authorize contracts with respect to spent fuel from a nuclear powerplant located outside the United States. Sets forth contract requirements with respect to: (1) a one-time payment by the owner of the spent fuel to cover transportation, storage, and disposal costs; (2) the owner's right to the value of the remaining fuel resource; (3) the transfer of title to the spent fuel; and (4) the effective date of the contract. Requires the Secretary to publish notice of intent to enter into such contracts and the one-time payment charge in the Federal Register. Directs the Secretary to construct or acquire one or more interim storage facilities for such spent fuel. Limits the total storage capacity at all such facilities. Directs the Secretary to contract with private industry for the transportation of spent fuel. Authorizes the use of Federal transportation services if private industry cannot or will not provide such services at a reasonable cost. Makes funds available for the establishment of the interim storage facilities. Directs the Secretary to inform the Governor and the legislature of any State in which a potential facility site or an existing facility is located of the investigation and selection of such site or facility for interim storage of spent fuel. Requires the Secretary to: (1) suspend work on a facility if the Governor objects; and (2) transmit such objections, with recommendations, to the President. Directs the Secretary to terminate such work unless, within 90 days of being notified by the Secretary, the President determines such facility is essential to the national interest. Amends the Energy Reorganization Act of 1974 to provide that the Nuclear Regulatory Commission (NRC) shall have licensing and related regulatory authority over storage facilities for high-level radioactive waste and spent fuel from foreign reactors whose transfer is authorized under the Atomic Energy Act of 1954. Subjects the transportation of spent fuel under this Act to licensing and regulation by the NRC as provided under existing law. Requires the Secretary, the NRC, and Federal officials to encourage and expedite the effective use of existing storage facilities and the addition of needed new storage capacity at civilian nuclear powerplant sites. Directs the Secretary to establish a cooperative program to assist private development of alternate technologies for spent fuel storage which can be licensed by the NRC on a generic basis for use at all civilian nuclear powerplant sites. Permits an applicant for a license or license amendment to expand the spent fuel storage capacity at a civilian nuclear powerplant site to petition the NRC for an interim license or license amendment prior to a required hearing on the application. Authorizes the NRC to issue an interim license or license amendment if all legal requirements other than a required hearing are met and there will be adequate protection of the public health and safety and the environment during the interim period. Sets forth administrative review requirements with respect to an application for a license or license amendment to expand spent fuel storage capacity at a civilian nuclear powerplant site. Prohibits the NRC from considering as spent fuel storage alternatives spent fuel storage in away-from-reactor facilities. Title IV: Disposal of High-Level Radioactive Waste and Spent Fuel From Civilian Nuclear Activities - Requires the Administrator of the Environmental Protection Agency (EPA) to promulgate standards for offsite releases of radioactivity from repositories for solidified high-level radioactive waste and spent fuel from civilian nuclear activities. Requires the NRC to promulgate technical criteria for review of applications for: (1) authority to construct repositories; (2) licenses to emplace such waste and spent fuel in repositories; and (3) license amendments to decommission repositories. Directs the Secretary to issue guidelines for repository site recommendations. Requires the Secretary to make repository site characterization recommendations to the President according to a specified time schedule. Requires the Secretary to notify the Governor of the State in which a site is located and affected Indian tribes and to hold public meetings in the vicinity of the site before making a site characterization recommendation to the President. Provides for Presidential approval or disapproval of a site characterization recommendation within 60 days after submission of the recommendation. Authorizes the President to delay a decision for six months if there is insufficient information to make a decision. States that the site shall be considered approved if the President fails to act within the required time periods. Requires the Secretary to submit to the NRC, the Governor of the affected State, and affected Indian tribes for review: (1) an environmental assessment of the nonradiological impacts of the site characterization activities planned for an approved site and alternatives to avoid such impacts; (2) a general plan for site characterization activities; and (3) proposals for the packaging of the waste and spent fuel to be emplaced in the repository. Directs the Secretary to report to the NRC, the Governor, and the Indian tribes during site characterization activities. Requires the Secretary to conduct, and report to them on, tests to provide data for a construction authorization application for a repository at the site and for compliance with the National Environmental Policy Act of 1969. Restricts the Secretary's use of radioactive materials during site characterization activities. Requires the Secretary to hold public meetings in the vicinity of a site to receive area residents' comments before recommending that the President approve the site for development of a repository. Directs the Secretary to apply to the NRC for authorization to construct a repository at a site selected by the President. Requires the NRC to report to Congress on the application proceedings. Requires that the NRC issue a final decision on an application by January 1, 1988. Directs the Secretary, the NRC, and Federal officials to achieve operational status of a repository licensed under this Act as soon as possible. Requires the Secretary to transmit to Congress a proposal for at least one test and evaluation facility for developing the packaging, handling, and emplacement technology for solidified high-level radioactive waste and spent fuel. Requires that an environmental assessment accompany such proposal. Makes the requirements of the National Environmental Policy Act of 1969 applicable when Congress authorizes construction of the facility. States that the facility shall not be subject to an NRC license but that the Secretary shall obtain the concurrence of the NRC in the establishment of the facility. Requires the Secretary and the U.S. Geological Survey to conduct a national site survey program to be used for identifying and recommending sites for site characterization. Title V: Long-Term Storage of High-Level Radioactive Waste and Spent Fuel From Civilian Nuclear Activities - Requires the Secretary to transmit to Congress a proposal for a system of at least one facility for the long-term, retrievable, monitored storage of solidified high-level radioactive waste and spent fuel from civilian nuclear activities. Requires that an environmental assessment accompany such proposal. Makes the requirements of the National Environmental Policy Act of 1969 applicable when Congress authorizes the construction of the initial facility. Subjects any such facility authorized under this Act to a license under the Energy Reorganization Act of 1974. Title VI: Financial Arrangements -Establishes in the Treasury a separate account for the operation of the storage and disposal program under this Act. Permits the Secretary to borrow money from the Treasury in amounts provided in appropriations Acts. Imposes a mandatory fee on electricity generated and sold by civilian nuclear powerplants 90 days or more after the enactment of this Act in order to cover the costs of the long-term storage and permanent disposal of solidified high-level radioactive waste and spent fuel. Requires the persons owning and operating such powerplants to collect such fees and pay them to the Treasury for deposit in the separate account. Title VII: State Participation in the Development of Repositories and Retrievable, Monitored Storage Facilities For Solidified High-Level Radioactive Waste and Spent Fuel - Directs the Secretary to notify the Governor, the State legislature, and affected Indian tribes of States with potentially acceptable repository or storage facility sites. Requires the Secretary to establish a cooperative agreement with each State and Indian tribe notified under which the State or Indian tribe shall have the right to participate in all stages of the establishment of a repository or a retrievable, monitored storage facility. Authorizes such participation once site approval for a repository or site designation for a retrievable, monitored storage facility has occurred. Requires that a cooperative agreement provide procedures for resolving objections of the State or Indian tribe at any stage of the repository or storage facility siting process. Directs the Secretary to notify the Governor, the State legislature, and affected Indian tribes of an affected State at least 90 days before applying to the NRC for construction authorization for a repository or storage facility. Requires the Secretary to transmit to Congress, within 90 days after receipt of such notice: (1) objections made by the Governor or an Indian tribe; and (2) recommendations concerning such objections. Requires suspension of work on the proposed repository or storage facility if either the House of Representatives or the Senate passes a resolution disapproving the proposal for the repository or storage facility within 60 days after submission of such objections to Congress.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

2 official files

• Passed Senate amended

  summary · EN · 29 April 1982

  Open at official source

• Introduced in Senate

  summary · EN · 24 September 1981

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.