(a) Environmental Protection Agency standards
Not later than 1 year after January 7, 1983, the Administrator, pursuant to authority under other provisions of law, shall, by rule, promulgate generally applicable standards for protection of the general environment from offsite releases from radioactive material in repositories.
(b) Commission requirements and criteria
(1)
(A) Not later than January 1, 1984, the Commission, pursuant to authority under other provisions of law, shall, by rule, promulgate technical requirements and criteria that it will apply, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), in approving or disapproving—
(i)
applications for authorization to construct repositories;
(iii)
applications for authorization for closure and decommissioning of such repositories.
(B)
Such criteria shall provide for the use of a system of multiple barriers in the design of the
repository and shall include such restrictions on the retrievability of the solidified
high-level radioactive waste and spent fuel emplaced in the
repository as the
Commission deems appropriate.
(C)
Such requirements and criteria shall not be inconsistent with any comparable standards promulgated by the
Administrator under subsection (a).
(2)
For purposes of this chapter, nothing in this section shall be construed to prohibit the
Commission from promulgating requirements and criteria under paragraph (1) before the
Administrator promulgates standards under subsection (a). If the
Administrator promulgates standards under subsection (a) after requirements and criteria are promulgated by the
Commission under paragraph (1), such requirements and criteria shall be revised by the
Commission if necessary to comply with paragraph (1)(C).
(c) Environmental impact statement
The promulgation of standards or criteria in accordance with the provisions of this section shall not require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any environmental review under subparagraph (E) or (F) of section 102(2) of such Act.
References in Text
The Atomic Energy Act of 1954, referred to in subsec. (b)(1)(A), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally 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.
The Energy Reorganization Act of 1974, referred to in subsec. (b)(1)(A), is Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, as amended, which is classified principally to chapter 73 (§ 5801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.
Nuclear Waste Storage and Disposal at Yucca Mountain Site
Pub. L. 102–486, title VIII, § 801, Oct. 24, 1992, 106 Stat. 2921, provided that:
“(a) Environmental Protection Agency Standards.—
“(1) Promulgation.—
Notwithstanding the provisions of section 121(a) of the
Nuclear Waste Policy Act of 1982 (
42 U.S.C. 10141(a)), section 161 b. of the
Atomic Energy Act of 1954 (
42 U.S.C. 2201(b)), and any other authority of the
Administrator of the
Environmental Protection Agency to set generally applicable standards for the
Yucca Mountain site, the
Administrator shall, based upon and consistent with the findings and recommendations of the National Academy of Sciences, promulgate, by rule, public health and safety standards for protection of the public from releases from radioactive materials stored or disposed of in the
repository at the
Yucca Mountain site. Such standards shall prescribe the maximum annual effective dose equivalent to individual members of the public from releases to the accessible environment from radioactive materials stored or disposed of in the
repository. The standards shall be promulgated not later than 1 year after the
Administrator receives the findings and recommendations of the National Academy of Sciences under paragraph (2) and shall be the only such standards applicable to the
Yucca Mountain site.
“(2) Study by national academy of sciences.—Within 90 days after the date of the enactment of this Act [Oct. 24, 1992], the Administrator shall contract with the National Academy of Sciences to conduct a study to provide, by not later than December 31, 1993, findings and recommendations on reasonable standards for protection of the public health and safety, including—
“(A)
whether a health-based standard based upon doses to individual members of the public from releases to the accessible environment (as that term is defined in the regulations contained in subpart B of
part 191 of title 40, Code of Federal Regulations, as in effect on
November 18, 1985) will provide a reasonable standard for protection of the health and safety of the general public;
“(B)
whether it is reasonable to assume that a system for post-closure oversight of the
repository can be developed, based upon active institutional controls, that will prevent an unreasonable risk of breaching the
repository’s engineered or geologic barriers or increasing the exposure of individual members of the public to radiation beyond allowable limits; and
“(C)
whether it is possible to make scientifically supportable predictions of the probability that the
repository’s engineered or geologic barriers will be breached as a result of human intrusion over a period of 10,000 years.
“(3) Applicability.—
The provisions of this section shall apply to the
Yucca Mountain site, rather than any other authority of the
Administrator to set generally applicable standards for radiation protection.
“(b) Nuclear Regulatory Commission Requirements and Criteria.—
“(1) Modifications.—
Not later than 1 year after the
Administrator promulgates standards under subsection (a), the
Nuclear Regulatory Commission shall, by rule, modify its technical requirements and criteria under section 121(b) of the
Nuclear Waste Policy Act of 1982 (
42 U.S.C. 10141(b)), as necessary, to be consistent with the
Administrator’s standards promulgated under subsection (a).
“(2) Required assumptions.—The Commission’s requirements and criteria shall assume, to the extent consistent with the findings and recommendations of the National Academy of Sciences, that, following repository closure, the inclusion of engineered barriers and the Secretary’s post-closure oversight of the Yucca Mountain site, in accordance with subsection (c), shall be sufficient to—
“(A)
prevent any activity at the site that poses an unreasonable risk of breaching the
repository’s engineered or geologic barriers; and
“(B)
prevent any increase in the exposure of individual members of the public to radiation beyond allowable limits.
“(c) Post-Closure Oversight.—Following repository closure, the Secretary of Energy shall continue to oversee the Yucca Mountain site to prevent any activity at the site that poses an unreasonable risk of—
“(1)
breaching the
repository’s engineered or geologic barriers; or
“(2)
increasing the exposure of individual members of the public to radiation beyond allowable limits.”
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