42 U.S.C. § 10193 — Identification of sites

Page 8010 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10175 (14) other needs of the State and local gov- ernments that would not have arisen but for the characterization of the site and the con- struction, operation, and eventual closure of the repository facility. (Pub. L. 97–425, title I, § 175, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5031, Dec. 22, 1987, 101 Stat. 1330–240.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. PART H—TRANSPORTATION § 10175. Transportation (a) Packaging No spent nuclear fuel or high-level radioactive waste may be transported by or for the Sec- retary under part A or under part C except in packages that have been certified for such pur- pose by the Commission. (b) Advance notification The Secretary shall abide by regulations of the Commission regarding advance notification of State and local governments prior to trans- portation of spent nuclear fuel or high-level ra- dioactive waste under part A or under part C. (c) Training for public safety officials The Secretary shall provide technical assist- ance and funds to States for training for public safety officials of appropriate units of local gov- ernment and Indian tribes through whose juris- diction the Secretary plans to transport spent nuclear fuel or high-level radioactive waste under part A or under part C. Training shall cover procedures required for safe routine trans- portation of these materials, as well as proce- dures for dealing with emergency response situ- ations. The Waste Fund shall be the source of funds for work carried out under this subsection. (Pub. L. 97–425, title I, § 180, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5061, Dec. 22, 1987, 101 Stat. 1330–251.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. SUBCHAPTER II—RESEARCH, DEVELOP- MENT, AND DEMONSTRATION REGARD- ING DISPOSAL OF HIGH-LEVEL RADIO- ACTIVE WASTE AND SPENT NUCLEAR FUEL § 10191. Purpose It is the purpose of this subchapter— (1) to provide direction to the Secretary with respect to the disposal of high-level ra- dioactive waste and spent nuclear fuel; (2) to authorize the Secretary, pursuant to this subchapter— (A) to provide for the construction, oper- ation, and maintenance of a deep geologic test and evaluation facility; and (B) to provide for a focused and integrated high-level radioactive waste and spent nu- clear fuel research and development pro- gram, including the development of a test and evaluation facility to carry out research and provide an integrated demonstration of the technology for deep geologic disposal of high-level radioactive waste, and the devel- opment of the facilities to demonstrate dry storage of spent nuclear fuel; and (3) to provide for an improved cooperative role between the Federal Government and States, affected Indian tribes, and units of general local government in the siting of a test and evaluation facility. (Pub. L. 97–425, title II, § 211, Jan. 7, 1983, 96 Stat. 2245.) § 10192. Applicability The provisions of this subchapter are subject to section 10107 of this title and shall not apply to facilities that are used for the disposal of high-level radioactive waste, low-level radio- active waste, transuranic waste, or spent nu- clear fuel resulting from atomic energy defense activities. (Pub. L. 97–425, title II, § 212, Jan. 7, 1983, 96 Stat. 2245.) § 10193. Identification of sites (a) Guidelines Not later than 6 months after January 7, 1983, and notwithstanding the failure of other agen- cies to promulgate standards pursuant to appli- cable law, the Secretary, in consultation with the Commission, the Director of the United States Geological Survey, the Administrator, the Council on Environmental Quality, and such other Federal agencies as the Secretary con- siders appropriate, is authorized to issue, pursu- ant to section 553 of title 5, general guidelines for the selection of a site for a test and evalua- tion facility. Under such guidelines the Sec- retary shall specify factors that qualify or dis- qualify a site for development as a test and eval- uation facility, including factors pertaining to the location of valuable natural resources, hydrogeophysics, seismic activity, and atomic energy defense activities, proximity to water supplies, proximity to populations, the effect upon the rights of users of water, and proximity to components of the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Wilderness Preservation System, or National Forest Lands. Such guidelines shall require the Secretary to consider the various geologic media in which the site for a test and evaluation facility may be located and, to the extent prac- ticable, to identify sites in different geologic media. The Secretary shall use guidelines estab- lished under this subsection in considering and selecting sites under this subchapter. (b) Site identification by Secretary (1) Not later than 1 year after January 7, 1983, and following promulgation of guidelines under subsection (a), the Secretary is authorized to identify 3 or more sites, at least 2 of which shall Page 8011 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10195 be in different geologic media in the continental United States, and at least 1 of which shall be in media other than salt. Subject to Commission requirements, the Secretary shall give pref- erence to sites for the test and evaluation facil- ity in media possessing geochemical character- istics that retard aqueous transport of radio- nuclides. In order to provide a greater possible protection of public health and safety as oper- ating experience is gained at the test and eval- uation facility, and with the exception of the primary areas under review by the Secretary on January 7, 1983, for the location of a test and evaluation facility or repository, all sites identi- fied under this subsection shall be more than 15 statute miles from towns having a population of greater than 1,000 persons as determined by the most recent census unless such sites contain high-level radioactive waste prior to identifica- tion under this subchapter. Each identification of a site shall be supported by an environmental assessment, which shall include a detailed state- ment of the basis for such identification and of the probable impacts of the siting research ac- tivities planned for such site, and a discussion of alternative activities relating to siting research that may be undertaken to avoid such impacts. Such environmental assessment shall include— (A) an evaluation by the Secretary as to whether such site is suitable for siting re- search under the guidelines established under subsection (a); (B) an evaluation by the Secretary of the ef- fects of the siting research activities at such site on the public health and safety and the environment; (C) a reasonable comparative evaluation by the Secretary of such site with other sites and locations that have been considered; (D) a description of the decision process by which such site was recommended; and (E) an assessment of the regional and local impacts of locating the proposed test and eval- uation facility at such site. (2) When the Secretary identifies a site, the Secretary shall as soon as possible notify the Governor of the State in which such site is lo- cated, or the governing body of the affected In- dian tribe where such site is located, of such identification and the basis of such identifica- tion. Additional sites for the location of the test and evaluation facility authorized in section 10222(d) of this title may be identified after such 1 year period, following the same procedure as if such sites had been identified within such pe- riod. (Pub. L. 97–425, title II, § 213, Jan. 7, 1983, 96 Stat. 2245; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Geological Survey’’ substituted for ‘‘Geological Survey’’ in subsec. (a) pursuant to provi- sion of title I of Pub. L. 102–154, set out as a note under section 31 of Title 43, Public Lands. § 10194. Siting research and related activities (a) In general Not later than 30 months after the date on which the Secretary completes the identifica- tion of sites under section 10193 of this title, the Secretary is authorized to complete sufficient evaluation of 3 sites to select a site for expanded siting research activities and for other activities under section 10198 of this title. The Secretary is authorized to conduct such preconstruction ac- tivities relative to such site selection for the test and evaluation facility as he deems appro- priate. Additional sites for the location of the test and evaluation facility authorized in sec- tion 10222(d) of this title may be evaluated after such 30-month period, following the same proce- dures as if such sites were to be evaluated with- in such period. (b) Public meetings and environmental assess- ment Not later than 6 months after the date on which the Secretary completes the identifica- tion of sites under section 10193 of this title, and before beginning siting research activities, the Secretary shall hold at least 1 public meeting in the vicinity of each site to inform the residents of the area of the activities to be conducted at such site and to receive their views. (c) Restrictions Except as provided in section 10198 of this title with respect to a test and evaluation facility, in conducting siting research activities pursuant to subsection (a)— (1) the Secretary shall use the minimum quantity of high-level radioactive waste or other radioactive materials, if any, necessary to achieve the test or research objectives; (2) the Secretary shall ensure that any ra- dioactive material used or placed on a site shall be fully retrievable; and (3) upon termination of siting research ac- tivities at a site for any reason, the Secretary shall remove any radioactive material at or in the site as promptly as practicable. (d) Title to material The Secretary may take title, in the name of the Federal Government, to the high-level radio- active waste, spent nuclear fuel, or other radio- active material emplaced in a test and evalua- tion facility. If the Secretary takes title to any such material, the Secretary shall enter into the appropriate financial arrangements described in subsection (a) or (b) of section 10222 of this title for the disposal of such material. (Pub. L. 97–425, title II, § 214, Jan. 7, 1983, 96 Stat. 2247.) § 10195. Test and evaluation facility siting review and reports (a) Consultation and cooperation The Governor of a State, or the governing body of an affected Indian tribe, notified of a site identification under section 10193 of this title shall have the right to participate in a process of consultation and cooperation as soon as the site involved has been identified pursuant to such section and throughout the life of the test and evaluation facility. For purposes of this section, the term ‘‘process of consultation and cooperation’’ means a methodology— (1) by which the Secretary— (A) keeps the Governor or governing body involved fully and currently informed about