42 U.S.C. § 10197 — Research and development on disposal of

Page 8012 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10196 1 So in original. Probably should be ‘‘10194’’. any potential economic or public health and safety impacts in all stages of the siting, de- velopment, construction, and operation of a test and evaluation facility; (B) solicits, receives, and evaluates con- cerns and objections of such Governor or governing body with regard to such test and evaluation facility on an ongoing basis; and (C) works diligently and cooperatively to resolve such concerns and objections; and (2) by which the State or affected Indian tribe involved can exercise reasonable inde- pendent monitoring and testing of onsite ac- tivities related to all stages of the siting, de- velopment, construction and operation of the test and evaluation facility, except that any such monitoring and testing shall not unrea- sonably interfere with onsite activities. (b) Written agreements The Secretary shall enter into written agree- ments with the Governor of the State in which an identified site is located or with the gov- erning body of any affected Indian tribe where an identified site is located in order to expedite the consultation and cooperation process. Any such written agreement shall specify— (1) procedures by which such Governor or governing body may study, determine, com- ment on, and make recommendations with re- gard to the possible health, safety, and eco- nomic impacts of the test and evaluation facil- ity; (2) procedures by which the Secretary shall consider and respond to comments and rec- ommendations made by such Governor or gov- erning body, including the period in which the Secretary shall so respond; (3) the documents the Department is to sub- mit to such Governor or governing body, the timing for such submissions, the timing for such Governor or governing body to identify public health and safety concerns and the process to be followed to try to eliminate those concerns; (4) procedures by which the Secretary and either such Governor or governing body may review or modify the agreement periodically; and (5) procedures for public notification of the procedures specified under subparagraphs (A) through (D). (c) Limitation Except as specifically provided in this section, nothing in this subchapter is intended to grant any State or affected Indian tribe any authority with respect to the siting, development, or load- ing of the test and evaluation facility. (Pub. L. 97–425, title II, § 215, Jan. 7, 1983, 96 Stat. 2247.) § 10196. Federal agency actions (a) Cooperation and coordination Federal agencies shall assist the Secretary by cooperating and coordinating with the Sec- retary in the preparation of any necessary re- ports under this subchapter and the mission plan under section 10221 of this title. (b) Environmental review (1) No action of the Secretary or any other Federal agency required by this subchapter or section 10221 of this title with respect to a test and evaluation facility to be taken prior to the initiation of onsite construction of a test and evaluation facility shall require the preparation of an environmental impact statement under section 102(2)(C) of the Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require the preparation of environmental reports, except as otherwise specifically provided for in this sub- chapter. (2) The Secretary and the heads of all other Federal agencies shall, to the maximum extent possible, avoid duplication of efforts in the prep- aration of reports under the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (Pub. L. 97–425, title II, § 216, Jan. 7, 1983, 96 Stat. 2248.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (b)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. § 10197. Research and development on disposal of high-level radioactive waste (a) Purpose Not later than 64 months after January 7, 1983, the Secretary is authorized to, to the extent practicable, begin at a site evaluated under sec- tion 10194 of this title, as part of and as an ex- tension of siting research activities of such site under such section, the mining and construction of a test and evaluation facility. Prior to the mining and construction of such facility, the Secretary shall prepare an environmental as- sessment. The purpose of such facility shall be— (1) to supplement and focus the repository site characterization process; (2) to provide the conditions under which known technological components can be inte- grated to demonstrate a functioning reposi- tory-like system; (3) to provide a means of identifying, evalu- ating, and resolving potential repository li- censing issues that could not be resolved dur- ing the siting research program conducted under section 10192 1 of this title; (4) to validate, under actual conditions, the scientific models used in the design of a repos- itory; (5) to refine the design and engineering of re- pository components and systems and to con- firm the predicted behavior of such compo- nents and systems; (6) to supplement the siting data, the ge- neric and specific geological characteristics developed under section 10194 of this title re- lating to isolating disposal materials in the physical environment of a repository; (7) to evaluate the design concepts for pack- aging, handling, and emplacement of high- level radioactive waste and spent nuclear fuel at the design rate; and Page 8013 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10197 2 See References in Text note below. (8) to establish operating capability without exposing workers to excessive radiation. (b) Design The Secretary shall design each test and eval- uation facility— (1) to be capable of receiving not more than 100 full-sized canisters of solidified high-level radioactive waste (which canisters shall not exceed an aggregate weight of 100 metric tons), except that spent nuclear fuel may be used instead of such waste if such waste can- not be obtained under reasonable conditions; (2) to permit full retrieval of solidified high- level radioactive waste, or other radioactive material used by the Secretary for testing, upon completion of the technology demonstra- tion activities; and (3) based upon the principle that the high- level radioactive waste, spent nuclear fuel, or other radioactive material involved shall be isolated from the biosphere in such a way that the initial isolation is provided by engineered barriers functioning as a system with the geo- logic environment. (c) Operation (1) Not later than 88 months after January 7, 1983, the Secretary shall begin an in situ testing program at the test and evaluation facility in accordance with the mission plan developed under section 10221 of this title, for purposes of— (A) conducting in situ tests of bore hole seal- ing, geologic media fracture sealing, and room closure to establish the techniques and per- formance for isolation of high-level radio- active waste, spent nuclear fuel, or other ra- dioactive materials from the biosphere; (B) conducting in situ tests with radioactive sources and materials to evaluate and improve reliable models for radionuclide migration, ab- sorption, and containment within the engi- neered barriers and geologic media involved, if the Secretary finds there is reasonable assur- ance that such radioactive sources and mate- rials will not threaten the use of such site as a repository; (C) conducting in situ tests to evaluate and improve models for ground water or brine flow through fractured geologic media; (D) conducting in situ tests under conditions representing the real time and the accelerated time behavior of the engineered barriers with- in the geologic environment involved; (E) conducting in situ tests to evaluate the effects of heat and pressure on the geologic media involved, on the hydrology of the sur- rounding area, and on the integrity of the dis- posal packages; (F) conducting in situ tests under both nor- mal and abnormal repository conditions to es- tablish safe design limits for disposal packages and to determine the effects of the gross re- lease of radionuclides into surroundings, and the effects of various credible failure modes, including— (i) seismic events leading to the coupling of aquifers through the test and evaluation facility; (ii) thermal pulses significantly greater than the maximum calculated; and (iii) human intrusion creating a direct pathway to the biosphere; and (G) conducting such other research and de- velopment activities as the Secretary con- siders appropriate, including such activities necessary to obtain the use of high-level radio- active waste, spent nuclear fuel, or other ra- dioactive materials (such as any highly radio- active material from the Three Mile Island nu- clear powerplant or from the West Valley Demonstration Project) for test and evalua- tion purposes, if such other activities are rea- sonably necessary to support the repository program and if there is reasonable assurance that the radioactive sources involved will not threaten the use of such site as a repository. (2) The in situ testing authorized in this sub- section shall be designed to ensure that the suit- ability of the site involved for licensing by the Commission as a repository will not be ad- versely affected. (d) Use of existing Department facilities During the conducting of siting research ac- tivities under section 10194 of this title and for such period thereafter as the Secretary con- siders appropriate, the Secretary shall use De- partment facilities owned by the Federal Gov- ernment on January 7, 1983, for the conducting of generically applicable tests regarding pack- aging, handling, and emplacement technology for solidified high-level radioactive waste and spent nuclear fuel from civilian nuclear activi- ties. (e) Engineered barriers The system of engineered barriers and selected geology used in a test and evaluation facility shall have a design life at least as long as that which the Commission requires by regulations issued under this chapter, or under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), for re- positories. (f) Role of Commission (1)(A) Not later than 1 year after January 7, 1983, the Secretary and the Commission shall reach a written understanding establishing the procedures for review, consultation, and coordi- nation in the planning, construction, and oper- ation of the test and evaluation facility under this section. Such understanding shall establish a schedule, consistent with the deadlines set forth in this subchapter,2 for submission by the Secretary of, and review by the Commission of and necessary action on— (i) the mission plan prepared under section 10221 of this title; and (ii) such reports and other information as the Commission may reasonably require to evaluate any health and safety impacts of the test and evaluation facility. (B) Such understanding shall also establish the conditions under which the Commission may have access to the test and evaluation facility for the purpose of assessing any public health and safety concerns that it may have. No shafts may be excavated for the test and evaluation until the Secretary and the Commission enter into such understanding. (2) Subject to section 10225 of this title, the test and evaluation facility, and the facilities Page 8014 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10198 authorized in this section, shall be constructed and operated as research, development, and demonstration facilities, and shall not be sub- ject to licensing under section 5842 of this title. (3)(A) The Commission shall carry out a con- tinuing analysis of the activities undertaken under this section to evaluate the adequacy of the consideration of public health and safety issues. (B) The Commission shall report to the Presi- dent, the Secretary, and the Congress as the Commission considers appropriate with respect to the conduct of activities under this section. (g) Environmental review The Secretary shall prepare an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) prior to conducting tests with radioactive materials at the test and evaluation facility. Such environmental impact statement shall incorporate, to the extent practicable, the environmental assessment prepared under sub- section (a). Nothing in this subsection may be construed to limit siting research activities con- ducted under section 10194 of this title. This sub- section shall apply only to activities performed exclusively for a test and evaluation facility. (h) Limitations (1) If the test and evaluation facility is not lo- cated at the site of a repository, the Secretary shall obtain the concurrence of the Commission with respect to the decontamination and decom- missioning of such facility. (2) If the test and evaluation facility is not lo- cated at a candidate site or repository site, the Secretary shall conduct only the portion of the in situ testing program required in subsection (c) determined by the Secretary to be useful in carrying out the purposes of this chapter. (3) The operation of the test and evaluation fa- cility shall terminate not later than— (A) 5 years after the date on which the ini- tial repository begins operation; or (B) at such time as the Secretary determines that the continued operation of a test and evaluation facility is not necessary for re- search, development, and demonstration pur- poses; whichever occurs sooner. (4) Notwithstanding any other provisions of this subsection, as soon as practicable following any determination by the Secretary, with the concurrence of the Commission, that the test and evaluation facility is unsuitable for contin- ued operation, the Secretary shall take such ac- tions as are necessary to remove from such site any radioactive material placed on such site as a result of testing and evaluation activities con- ducted under this section. Such requirement may be waived if the Secretary, with the con- currence of the Commission, finds that short- term testing and evaluation activities using ra- dioactive material will not endanger the public health and safety. (Pub. L. 97–425, title II, § 217, Jan. 7, 1983, 96 Stat. 2249.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsec. (e), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified prin- cipally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. This subchapter, referred to in subsec. (f)(1)(A), was in the original ‘‘this subtitle’’, and was translated as this subchapter to reflect the probable intent of Con- gress because title II of Pub. L. 97–425, which enacted this subchapter, does not contain subtitles. § 10198. Research and development on spent nu- clear fuel (a) Demonstration and cooperative programs The Secretary shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civil- ian nuclear power reactor sites, with the objec- tive of establishing one or more technologies that the Commission may, by rule, approve for use at the sites of civilian nuclear power reac- tors without, to the maximum extent prac- ticable, the need for additional site-specific ap- provals by the Commission. Not later than 1 year after January 7, 1983, the Secretary shall select at least 1, but not more than 3, sites eval- uated under section 10194 of this title at such power reactors. In selecting such site or sites, the Secretary shall give preference to civilian nuclear power reactors that will soon have a shortage of interim storage capacity for spent nuclear fuel. Subject to reaching agreement as provided in subsection (b), the Secretary shall undertake activities to assist such power reac- tors with demonstration projects at such sites, which may use one of the following types of al- ternate storage technologies: spent nuclear fuel storage casks, caissons, or silos. The Secretary shall also undertake a cooperative program with civilian nuclear power reactors to encourage the development of the technology for spent nuclear fuel rod consolidation in existing power reactor water storage basins. (b) Cooperative agreements To carry out the programs described in sub- section (a), the Secretary shall enter into a co- operative agreement with each utility involved that specifies, at a minimum, that— (1) such utility shall select the alternate storage technique to be used, make the land and spent nuclear fuel available for the dry storage demonstration, submit and provide site-specific documentation for a license appli- cation to the Commission, obtain a license re- lating to the facility involved, construct such facility, operate such facility after licensing, pay the costs required to construct such facil- ity, and pay all costs associated with the oper- ation and maintenance of such facility; (2) the Secretary shall provide, on a cost- sharing basis, consultative and technical as- sistance, including design support and generic licensing documentation, to assist such utility in obtaining the construction authorization and appropriate license from the Commission; and