42 U.S.C. § 2021a — Storage or disposal facility planning

Page 5375 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2021a Act) [subsec. (o) of this section]. The Commission shall have the authority to ensure that such section 274 o. is implemented by any such State to the extent prac- ticable during the three-year period beginning on the date of the enactment of this Act. Nothing in this sec- tion shall be construed to preclude the Commission or the Administrator of the Environmental Protection Agency from taking such action under section 275 of the Atomic Energy Act of 1954 [section 2022 of this title] as may be necessary to implement title I of this Act [section 7911 et seq. of this title]. ‘‘(2) An agreement entered into with any State as permitted under section 274 of the Atomic Energy Act of 1954 [this section] with respect to byproduct material as defined in section 11 e. (2) of such Act. [section 2014(e)(2) of this title], may be entered into at any time after the date of the enactment of this Act [Nov. 8, 1978] but no such agreement may take effect before the date three years after the date of the enactment of this Act. ‘‘(3) Notwithstanding any other provision of this title [See Effective Date of 1978 Amendment note set out under section 2014 of this title], where a State assumes or has assumed, pursuant to an agreement entered into under section 274 b. of the Atomic Energy Act of 1954 [subsec. (b) of this section], authority over any activity which results in the production of byproduct material, as defined in section 11 e. (2) of such Act [section 2014(e)(2) of this title], the Commission shall not, until the end of the three-year period beginning on the date of the enactment of this Act [Nov. 8, 1978], have licens- ing authority over such byproduct material produced in any activity covered by such agreement, unless the agreement is terminated, suspended, or amended to provide for such Federal licensing. If, at the end of such three-year period, a State has not entered into such an agreement with respect to byproduct material, as de- fined in section 11 e. (2) of the Atomic Energy Act of 1954, the Commission shall have authority over such byproduct material: Provided, however, That, in the case of a State which has exercised any authority under State law pursuant to an agreement entered into under section 274 of the Atomic Energy Act of 1954 [this section], the State authority over such byproduct ma- terial may be terminated, and the Commission author- ity over such material may be exercised, only after compliance by the Commission with the same proce- dures as are applicable in the case of termination of agreements under section 274j. of the Atomic Energy Act of 1954 [subsec. (j) of this section].’’ Executive Documents FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS For provisions relating to the responsibility of the head of each Executive agency for compliance with ap- plicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of this title. EXECUTIVE ORDER NO. 12192 Ex. Ord. No. 12192, Feb. 12, 1980, 45 F.R. 9727, which es- tablished the State Planning Council on Radioactive Waste Management and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12379, § 13, Aug. 17, 1982, 47 F.R. 36099, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. § 2021a. Storage or disposal facility planning (a) Any person, agency, or other entity pro- posing to develop a storage or disposal facility, including a test disposal facility, for high-level radioactive wastes, non-high-level radioactive wastes including transuranium contaminated wastes, or irradiated nuclear reactor fuel, shall notify the Commission as early as possible after the commencement of planning for a particular proposed facility. The Commission shall in turn notify the Governor and the State legislature of the State of proposed situs whenever the Com- mission has knowledge of such proposal. (b) The Commission is authorized and directed to prepare a report on means for improving the opportunities for State participation in the process for siting, licensing, and developing nu- clear waste storage or disposal facilities. Such report shall include detailed consideration of a program to provide grants through the Commis- sion to any State, and the advisability of such a program, for the purpose of conducting an inde- pendent State review of any proposal to develop a nuclear waste storage or disposal facility iden- tified in subsection (a) within such State. On or before March 1, 1979, the Commission shall sub- mit the report to the Congress including rec- ommendations for improving the opportunities for State participation together with any nec- essary legislative proposals. (Pub. L. 95–601, § 14, Nov. 6, 1978, 92 Stat. 2953.) Editorial Notes REFERENCES IN TEXT Commission, referred to in text, probably means the Nuclear Regulatory Commission in view of the fact that this section was enacted as part of the act author- izing appropriations for the Nuclear Regulatory Com- mission for fiscal year 1979. CODIFICATION Section was enacted as part of an act authorizing ap- propriations to the Nuclear Regulatory Commission for fiscal year 1979, and not as part of the Atomic Energy Act of 1954 which comprises this chapter. Statutory Notes and Related Subsidiaries PLAN FOR PERMANENT DISPOSAL OF WASTE FROM ATOMIC ENERGY DEFENSE ACTIVITIES; SUBMISSION OF PLAN TO CONGRESS NOT LATER THAN JUNE 30, 1983 Pub. L. 97–90, title II, § 213, Dec. 4, 1981, 95 Stat. 1171, directed President to submit to Committees on Armed Services of Senate and of House of Representatives not later than June 30, 1983, a report setting forth his plans for permanent disposal of high-level and transuranic wastes resulting from atomic energy defense activities, such report to include, but not be limited to, for each State in which such wastes are stored in interim stor- age facilities on Dec. 4, 1981, specific estimates of amounts planned for expenditure in each of the next five fiscal years to achieve the permanent disposal of such wastes and general estimates of amounts planned for expenditure in fiscal years thereafter to achieve such purpose, and a thorough and detailed program management plan for the disposal of such wastes. WEST VALLEY DEMONSTRATION PROJECT; RADIOACTIVE WASTE MANAGEMENT; PROJECT ACTIVITIES; PUBLIC HEARINGS; REVIEW OF PROJECT AND CONSULTATIONS; AUTHORIZATION OF APPROPRIATIONS; REPORT TO CON- GRESS Pub. L. 107–66, title III, Nov. 12, 2001, 115 Stat. 503, provided in part: ‘‘That funding for the West Valley Demonstration Project shall be reduced in subsequent fiscal years to the minimum necessary to maintain the project in a safe and stable condition, unless, not later than September 30, 2002, the Secretary: (1) provides written notification to the Committees on Appropria- tions of the House of Representatives and the Senate that agreement has been reached with the State of New York on the final scope of Federal activities at the West Valley site and on the respective Federal and Page 5376 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2021a State cost shares for those activities; (2) submits a written copy of that agreement to the Committees on Appropriations of the House of Representatives and the Senate; and (3) provides a written certification that the Federal actions proposed in the agreement will be in full compliance with all relevant Federal statutes and are in the best interest of the Federal Government.’’ Pub. L. 96–368, Oct. 1, 1980, 94 Stat. 1347, as amended by Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L. 116–95, § 1(a), Dec. 20, 2019, 133 Stat. 3249, pro- vided that: ‘‘SECTION 1. This Act may be cited as the ‘West Valley Demonstration Project Act’. ‘‘SEC. 2. (a) The Secretary shall carry out, in accord- ance with this Act, a high level radioactive waste man- agement demonstration project at the Western New York Service Center in West Valley, New York, for the purpose of demonstrating solidification techniques which can be used for preparing high level radioactive waste for disposal. Under the project the Secretary shall carry out the following activities: ‘‘(1) The Secretary shall solidify, in a form suitable for transportation and disposal, the high level radio- active waste at the Center by vitrification or by such other technology which the Secretary determines to be the most effective for solidification. ‘‘(2) The Secretary shall develop containers suitable for the permanent disposal of the high level radio- active waste solidified at the Center. ‘‘(3) The Secretary shall, as soon as feasible, trans- port, in accordance with applicable provisions of law, the waste solidified at the Center to an appropriate Federal repository for permanent disposal. ‘‘(4) The Secretary shall, in accordance with appli- cable licensing requirements, dispose of low level ra- dioactive waste and transuranic waste produced by the solidification of the high level radioactive waste under the project. ‘‘(5) The Secretary shall decontaminate and decom- mission— ‘‘(A) the tanks and other facilities of the Center in which the high level radioactive waste solidified under the project was stored, ‘‘(B) the facilities used in the solidification of the waste, and ‘‘(C) any material and hardware used in connec- tion with the project, in accordance with such requirements as the Commis- sion may prescribe. ‘‘(b) Before undertaking the project and during the fiscal year ending September 30, 1981, the Secretary shall carry out the following: ‘‘(1) The Secretary shall hold in the vicinity of the Center public hearings to inform the residents of the area in which the Center is located of the activities proposed to be undertaken under the project and to receive their comments on the project. ‘‘(2) The Secretary shall consider the various tech- nologies available for the solidification and handling of high level radioactive waste taking into account the unique characteristics of such waste at the Cen- ter. ‘‘(3) The Secretary shall— ‘‘(A) undertake detailed engineering and cost es- timates for the project, ‘‘(B) prepare a plan for the safe removal of the high level radioactive waste at the Center for the purposes of solidification and include in the plan provisions respecting the safe breaching of the tanks in which the waste is stored, operating equip- ment to accomplish the removal, and sluicing tech- niques, ‘‘(C) conduct appropriate safety analyses of the project, and ‘‘(D) prepare required environmental impact anal- yses of the project. ‘‘(4) The Secretary shall enter into a cooperative agreement with the State in accordance with the Federal Grant and Cooperative Agreement Act of 1977 [see section 6301 et seq. of Title 31, Money and Fi- nance] under which the State will carry out the fol- lowing: ‘‘(A) The State will make available to the Sec- retary the facilities of the Center and the high level radioactive waste at the Center which are nec- essary for the completion of the project. The facili- ties and the waste shall be made available without the transfer of title and for such period as may be required for completion of the project. ‘‘(B) The Secretary shall provide technical assist- ance in securing required license amendments. ‘‘(C) The State shall pay 10 per centum of the costs of the project, as determined by the Sec- retary. In determining the costs of the project, the Secretary shall consider the value of the use of the Center for the project. The State may not use Fed- eral funds to pay its share of the cost of the project, but may use the perpetual care fund to pay such share. ‘‘(D) Submission jointly by the Department of En- ergy and the State of New York of an application for a licensing amendment as soon as possible with the Nuclear Regulatory Commission providing for the demonstration. ‘‘(c) Within one year from the date of the enactment of this Act [Oct. 1, 1980], the Secretary shall enter into an agreement with the Commission to establish ar- rangements for review and consultation by the Com- mission with respect to the project: Provided, That re- view and consultation by the Commission pursuant to this subsection shall be conducted informally by the Commission and shall not include nor require formal procedures or actions by the Commission pursuant to the Atomic Energy Act of 1954, as amended [this chap- ter], the Energy Reorganization Act of 1974, as amended [section 5801 et seq. of this title], or any other law. The agreement shall provide for the following: ‘‘(1) The Secretary shall submit to the Commission, for its review and comment, a plan for the solidifica- tion of the high level radioactive waste at the Center, the removal of the waste for purposes of its solidifica- tion, the preparation of the waste for disposal, and the decontamination of the facilities to be used in so- lidifying the waste. In preparing its comments on the plan, the Commission shall specify with precision its objections to any provision of the plan. Upon submis- sion of a plan to the Commission, the Secretary shall publish a notice in the Federal Register of the sub- mission of the plan and of its availability for public inspection, and, upon receipt of the comments of the Commission respecting a plan, the Secretary shall publish a notice in the Federal Register of the receipt of the comments and of the availability of the com- ments for public inspection. If the Secretary does not revise the plan to meet objections specified in the comments of the Commission, the Secretary shall publish in the Federal Register a detailed statement for not so revising the plan. ‘‘(2) The Secretary shall consult with the Commis- sion with respect to the form in which the high level radioactive waste at the Center shall be solidified and the containers to be used in the permanent disposal of such waste. ‘‘(3) The Secretary shall submit to the Commission safety analysis reports and such other information as the Commission may require to identify any danger to the public health and safety which may be pre- sented by the project. ‘‘(4) The Secretary shall afford the Commission ac- cess to the Center to enable the Commission to mon- itor the activities under the project for the purpose of assuring the public health and safety. ‘‘(d) In carrying out the project, the Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Transportation, the Director of the United States Geological Survey, and the commercial operator of the Center. ‘‘SEC. 3. (a) There are authorized to be appropriated to the Secretary for the project not more than $75,000,000 for each of fiscal years 2020 through 2026. Page 5377 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2021b ‘‘(b) The total amount obligated for the project by the Secretary shall be 90 per centum of the costs of the project. ‘‘(c) The authority of the Secretary to enter into con- tracts under this Act shall be effective for any fiscal year only to such extent or in such amounts as are pro- vided in advance by appropriation Acts. ‘‘SEC. 4. Not later than February 1, 1981, and on Feb- ruary 1 of each calendar year thereafter during the term of the project, the Secretary shall transmit to the Speaker of the House of Representatives and the Presi- dent pro tempore of the Senate an up-to-date report containing a detailed description of the activities of the Secretary in carrying out the project, including agreements entered into and the costs incurred during the period reported on and the activities to be under- taken in the next fiscal year and the estimated costs thereof. ‘‘SEC. 5. (a) Other than the costs and responsibilities established by this Act for the project, nothing in this Act shall be construed as affecting any rights, obliga- tions, or liabilities of the commercial operator of the Center, the State, or any person, as is appropriate, aris- ing under the Atomic Energy Act of 1954 [this chapter] or under any other law, contract, or agreement for the operation, maintenance, or decontamination of any fa- cility or property at the Center or for any wastes at the Center. Nothing in this Act shall be construed as af- fecting any applicable licensing requirement of the Atomic Energy Act of 1954 or the Energy Reorganiza- tion Act of 1974 [section 5801 et seq. of this title]. This Act shall not apply or be extended to any facility or property at the Center which is not used in conducting the project. This Act may not be construed to expand or diminish the rights of the Federal Government. ‘‘(b) This Act does not authorize the Federal Govern- ment to acquire title to any high level radioactive waste at the Center or to the Center or any portion thereof. ‘‘SEC. 6. For purposes of this Act: ‘‘(1) The term ‘Secretary’ means the Secretary of Energy. ‘‘(2) The term ‘Commission’ means the Nuclear Reg- ulatory Commission. ‘‘(3) The term ‘State’ means the State of New York. ‘‘(4) The term ‘high level radioactive waste’ means the high level radioactive waste which was produced by the reprocessing at the Center of spent nuclear fuel. Such term includes both liquid wastes which are produced directly in reprocessing, dry solid material derived from such liquid waste, and such other mate- rial as the Commission designates as high level radio- active waste for purposes of protecting the public health and safety. ‘‘(5) The term ‘transuranic waste’ means material contaminated with elements which have an atomic number greater than 92, including neptunium, pluto- nium, americium, and curium, and which are in con- centrations greater than 10 nanocuries per gram, or in such other concentrations as the Commission may prescribe to protect the public health and safety. ‘‘(6) The term ‘low level radioactive waste’ means radioactive waste not classified as high level radio- active waste, transuranic waste, or byproduct mate- rial as defined in section 11e. (2) of the Atomic En- ergy Act of 1954 [section 2014(e)(2) of this title]. ‘‘(7) The term ‘project’ means the project prescribed by section 2(a). ‘‘(8) The term ‘Center’ means the Western New York Service Center in West Valley, New York.’’ [For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under section 4 of Pub. L. 96–368, set out above, is listed in item 1 on page 84), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance.] § 2021b. Definitions For purposes of sections 2021b to 2021j of this title: (1) Agreement State The term ‘‘agreement State’’ means a State that— (A) has entered into an agreement with the Nuclear Regulatory Commission under sec- tion 2021 of this title; and (B) has authority to regulate the disposal of low-level radioactive waste under such agreement. (2) Allocation The term ‘‘allocation’’ means the assign- ment of a specific amount of low-level radio- active waste disposal capacity to a commer- cial nuclear power reactor for which access is required to be provided by sited States subject to the conditions specified under sections 2021b to 2021j of this title. (3) Commercial nuclear power reactor The term ‘‘commercial nuclear power reac- tor’’ means any unit of a civilian light-water moderated utilization facility required to be licensed under section 2133 or 2134(b) of this title. (4) Compact The term ‘‘compact’’ means a compact en- tered into by two or more States pursuant to sections 2021b to 2021j of this title. (5) Compact commission The term ‘‘compact commission’’ means the regional commission, committee, or board es- tablished in a compact to administer such compact. (6) Compact region The term ‘‘compact region’’ means the area consisting of all States that are members of a compact. (7) Disposal The term ‘‘disposal’’ means the permanent isolation of low-level radioactive waste pursu- ant to the requirements established by the Nu- clear Regulatory Commission under applicable laws, or by an agreement State if such isola- tion occurs in such agreement State. (8) Generate The term ‘‘generate’’, when used in relation to low-level radioactive waste, means to produce low-level radioactive waste. (9) Low-level radioactive waste (A) In general The term ‘‘low-level radioactive waste’’ means radioactive material that— (i) is not high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in section 2014(e)(2) of this title); and (ii) the Nuclear Regulatory Commission, consistent with existing law and in accord- ance with paragraph (A), classifies as low- level radioactive waste. (B) Exclusion The term ‘‘low-level radioactive waste’’ does not include byproduct material (as de-