Federal Nuclear Facilities Environmental Restoration and Management Act - Title I: Federal Nuclear Facility Trust Fund - Establishes the Federal Nuclear Facilities Environmental Restoration and Management Trust Fund (the Fund). Authorizes appropriations for such fund for FY 1989 through 1991. Outlines a funding mechanism which includes transfers from general Treasury funds and penalties assessed under specified environmental statutes.
Outlines Fund administration procedure. Authorizes Fund expenditures for specified hazardous waste response actions and other grant, research, and development programs under this Act. Requires the Secretary of the Treasury to report to the Congress on an annual fiscal year basis regarding the Fund's financial condition. Requires the Secretary to: (1) develop within one year after enactment of this Act an allocation and cost recovery methodology; and (2) assess user fees on certain commercial and non-Federal entities.
Title II: Compliance by DOE Facilities with Superfund and Solid Waste Disposal Act - Requires the Secretary of Energy (the Secretary) to enter into a compliance agreement with the Environmental Protection Agency Administrator (the Administrator) (or with certain State delegatees) with respect to Federal nuclear facility compliance with the Solid Waste Disposal Act and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Amends CERCLA to include within the definition of "hazardous substance" byproduct, source, or special nuclear material generated, stored, or released as either a waste product or in connection with an atomic energy defense activity at a site under the Secretary's jurisdiction.
Amends the Solid Waste Disposal Act to include within its purview any source, special nuclear, or byproduct material that is combined with certain hazardous waste.
Places certain Federal nuclear sites under the concurrent authority of the Solid Waste Disposal Act and CERCLA.
States that permits issued to contractors for the operation of Federal nuclear facilities shall be deemed to be issued and held jointly with the United States. Declares that no immunity applicable to the United States or its officers, employees, or agents shall apply to such contractors.
Sets forth a mandatory notification and participation procedure under which the Secretary and the Administrator must consult with affected States and Indian tribes regarding Federal nuclear facility compliance with this Act. Requires the Administrator to make grants to such States and Indian tribes to participate in, and monitor, Federal activities under this Act.
Title III: Compliance by DOE Facilities with Other Environmental Laws - Requires the Secretary to complete an environmental survey of each Federal nuclear facility site within one year of this Act's enactment. Requires the Administrator to review such surveys and issue environmental compliance plans for such sites within six months of survey completion. Outlines the compliance procedure. Requires the Administrator to report annually to the Congress regarding Federal nuclear facility site environmental compliance plans. Requires the Secretary to: (1) enter into an environmental compliance plan response agreement with the Administrator within six months of each Federal nuclear facility site's compliance plan completion; and (2) prepare a site management plan for each Federal nuclear facility within 18 months after the date of enactment of this Act. Outlines the contents of such plan.
Title IV: Special Environmental Counsel - Requires the Administrator to appoint a Special Environmental Counsel, as an independent instrumentality within the Environmental Protection Agency, to investigate alleged violations of Federal environmental law by any Federal facility or facility operated by a contractor under contract with the Federal Government. Sets forth enforcement procedures, including the assessment of civil penalties and suspension of permits. Requires such Counsel to report annually to the Congress. Provides for the waiver of sovereign immunity for purposes of enforcing any substantive or procedural Federal environmental statutory requirement against a U.S. agency or instrumentality.
Title V: Research and Development for Environmental Restoration and Management of Federal Nuclear Facilities - Requires the Administrator and the Secretary to enter into a joint agreement to coordinate research and development technologies for Federal nuclear site activities regarding: (1) application of and compliance with Federal environmental requirements; (2) facility decontamination and decommissioning; and (3) hazardous nuclear material characterization, treatment, and stabilization.
Requires the Secretary and Administrator to: (1) submit to the Office of Management and Budget annual Federal nuclear facilities environmental research and development budget requests; (2) fund the jointly established research and development program from the Trust Fund; (3) jointly establish an information and technologies transfer program for commercial application.
Authorizes the Secretary and the Administrator to enter into contracts and provide research grants.
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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