Nuclear Waste Policy Act of 1982

(Reported to House from the Committee on Energy and Commerce with amendment, H. Rept. 97-785 (Part I))

Nuclear Waste Policy Act of 1982 - Provides that this Act shall not apply to atomic energy defense activities or to facilities connected with such activities.

Provides that this Act shall not require the release of classified national security information.

Requires the Secretary of Energy to notify the State in which, or the Indian tribe on whose reservation, a repository for the disposal of high-level radioactive waste or spent nuclear fuel from atomic energy defense activities is proposed to be located. Entitles the State or Indian tribe involved to rights of participation and consultation with respect to the development of such a repository.

Sets forth procedural requirements for public hearings held by the Secretary pursuant to this Act.

Title I: High-Level Radioactive Waste and Spent Nuclear Fuel - Subtitle A: Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel - Requires the Secretary, within 180 days after enactment of this Act, to issue general guidelines for the recommendation of repository sites. Sets forth the contents of such guidelines.

Requires the Secretary within 14 months after enactment of this Act, to recommend to the President at least three candidate sites, in at least two different geologic media, which are suitable for site characterization for repositories for the permanent disposal of high-level radioactive waste and spent nuclear fuel. Requires the Secretary to recommend at least three additional candidate sites by February 1, 1985. Directs the Secretary to notify the Governor of the State in which a candidate site is located or the Indian tribe on whose reservation a candidate site is located. Requires the Secretary to hold public hearings to inform the residents of the area in which a candidate site is located of the proposed recommendation and to receive their comments before making such recommendation to the President.

Requires the President to: (1) review each candidate site recommendation; (2) either approve or disapprove the recommendation within 60 days; and (3) transmit such decision to the Secretary and to the appropriate Governor or Indian tribe. Provides that the President's failure to approve or disapprove a candidate site within the 60-day period or to invoke authority to delay the determination shall be considered an approval.

Requires the Secretary to carry out site characterization activities at each candidate site approved by the President. Requires the Secretary to submit to the Nuclear Regulatory Commission (NRC) and to either the State in which a candidate site is located or the Indian tribe on whose reservation such a site is located for review, before beginning site characterization activities: (1) an environmental assessment of the probable impacts of such activities; (2) a general plan for site characterization activities; and (3) proposals for the packaging of the waste and spent fuel to be emplaced in the repository. Directs the Secretary to make the required environmental assessment and site characterization plan available to the public and to hold public hearings on them. Provides for the Secretary to report periodically to the NRC and to the appropriate State or Indian tribe during the conduct of the site characterization activities. Restricts the Secretary's use of radioactive materials during site characterization activities.

Prohibits the continuation of site characterization activities at a candidate site if the site is unsuitable for eventual development as a licensed repository or if such activities should be terminated for any other reason. Requires, upon termination, that: (1) the appropriate States or Indian tribes be notified; and (2) high-level radioactive waste and spent nuclear fuel at the candidate site be removed.

Authorizes the Secretary to continue ongoing or presently planned site characterization at any Department of Energy site for which the location of the principal borehole was approved by August 1, 1982, subject to the consultation and cooperation requirements under this Act, if the Secretary determines that compliance with this subtitle will delay ongoing activities.

Requires the Secretary to notify the appropriate State or Indian tribe of a decision to recommend approval of a candidate site upon completion of the public hearings and of the site characterization activities. Authorizes the Secretary to submit such recommendation to the President 30 days or more after such notification. Sets forth procedural requirements with respect to such recommendation.

Directs the President to recommend to Congress by March 31, 1987, a site qualified for repository construction. Permits a 12-month extension of the deadline for such recommendation if, before a specified date, the President: (1) decides it is necessary; and (2) sends a report to Congress stating the reasons for the extension. Requires recommendation of another site for a repository if Congress disapproves the President's first recommendation.

Directs the Secretary to submit a construction license application for a repository to the NRC and to the appropriate State or Indian tribe if the President's site recommendation becomes effective.

Requires the NRC to submit to Congress a status report on such application within one year after its submission by the Secretary and annually thereafter until the construction authorization is granted.

Requires that the NRC issue a final decision on such an application by January 1, 1989, or three years after an application is submitted (plus any authorized extension under this Act), whichever occurs later.

Directs the Secretary to prepare and update a project decision schedule showing the optimum way to attain the operation of the repository within the time periods specified in this subtitle. Sets forth procedural requirements for Federal agencies which cannot, or fail to, comply with deadlines in the project decision schedule.

Requires that a final environmental impact statement accompany any recommendation by the Secretary for site approval by the President. Requires that the environmental impact statement be adopted by the NRC in connection with the issuance of the construction authorization and license for such repository.

Makes a site designation effective 60 days after the President recommends such site to Congress, unless the affected Governor or Indian tribe submits to Congress a petition for disapproval of the site designation. Provides that if a disapproval petition is submitted, a site designation shall be effective, after a specified period, unless Congress passes a resolution disapproving the site designation.

Authorizes the affected Governor or Indian tribe to submit to Congress a petition for disapproval within 60 days after the President submits a site recommendation to Congress.

Directs the Secretary to make grants to each State in which a candidate site for a repository is approved under this Act and to each Indian tribe on whose reservation such a site is approved under this Act to enable such States and Indian tribes to: (1) determine the potential economic, social, public health and safety, and environmental impacts of the repository; (2) develop a request for impact assistance; (3) monitor, test, evaluate, or research the site characterization programs; (4) provide their residents with information on site characterization activities; and (5) request information from, and make recommendation to, the Secretary with respect to activities under this Act. Limits such grants to 90 percent of the costs incurred by a State and to 100 percent of the costs incurred by an Indian tribe with respect to such activities.

Requires the Secretary to provide financial and technical impact assistance, upon request, to any State in which, or to any Indian tribe on whose reservation, there is a site for which the NRC has authorized repository construction. Sets forth reporting requirements with which a State or Indian tribe seeking such assistance must comply.

Requires the Secretary to make additional grants to States and local governments in areas where a repository site is approved and to Indian tribes on whose reservation a repository site is approved. Requires that such grants be equal to amounts the States, local governments, and Indian tribes would receive if they were authorized to tax site characterization activities and the development and operation of the repository. Provides for the payment of such grants each fiscal year until such activities, development, and operation are terminated at the site concerned.

Sets forth time periods after which Federal grants and impact assistance to States and Indian tribes shall not be available. Provides that such Federal assistance shall be paid out of the Nuclear Waste Fund established by this Act.

Requires the Secretary to notify the Governor of the State in which is located an Indian reservation on which a repository site is designated whenever the Secretary is required by this Act to notify or consult with the Indian tribe concerned.

Requires that information with respect to the siting, establishment, and operation of a repository be provided upon written request to the appropriate State or Indian tribe. Directs the Secretary to consult and cooperate with the Governors of affected States and with affected Indian tribes to resolve State and tribal concerns regarding the public health and safety, environmental, and economic impacts of any repository. Requies the Secretary to enter into binding written agreements with affected States and Indian tribes under which such information shall be provided and such consultation and cooperation shall be carried out.

Sets forth requirements with respect to judicial review of agency actions pursuant to this subtitle.

Provides for expedited issuance (to the extent permitted by law) of Federal authorizations required under this subtitle with respect to site characterization of a site or the construction or initial operation of a repository. Exempts NRC authorizations from such requirement.

Requires the promulgation of: (1) Environmental Protection Agency standards for the protection of the general environment from offsite releases from radioactive material in repositories; and (2) NRC technical requirements and criteria for reviewing applications for repository construction authorizations, repository operating licenses, and repository closure and decommissioning authorizations.

Requires repositories constructed on sites approved under this Act to be designed to permit the retrieval of spent nuclear fuel placed in them.

Authorizes the Secretary to enter into contracts for the disposal of high-level radioactive waste and spent nuclear fuel of domestic origin with owners or generators of such waste and spent fuel. Requires the Secretary to submit to Congress a report establishing payment charges per unit of such waste and spent fuel to be calculated annually. Provides that persons entering into disposal contracts with the Secretary and any other persons desiring to dispose of high-level radioactive waste and spent nuclear fuel in repositories developed under this Act shall pay a ratable portion of the disposal costs involved. Prohibits the NRC from issuing or renewing a license for an individual to use a utilization or production facility unless such individual has entered into, or is negotiating with the Secretary for, a disposal contract. Prohibits the disposal of spent nuclear fuel or high-level radioactive waste by the Secretary in any repository constructed under this Act unless the owner or generator of such spent fuel or waste has entered into a disposal contract by a specified date. Permits the assignment of the rights and duties of a party to a disposal contract with transfer of title to the spent nuclear fuel or high-level radioactive waste involved.

Provides for the costs of the disposal of high-level radioactive waste from atomic energy defense activities to be paid by the Federal Government.

Establishes in the Treasury a Nuclear Waste Fund which shall consist of: (1) receipts from disposal contracts; (2) appropriations made by Congress to the fund; and (3) any unexpended balances available on the enactment of this Act for functions or activities related to high-level radioactive waste and spent nuclear fuel disposal. Limits the use of the fund to radioactive waste disposal activities under this subtitle.

Provides that delivery, and acceptance by the Secretary, of high-level radioactive waste or spent nuclear fuel at a repository constructed under this Act shall constitute a transfer of title to the waste or spent fuel.

Terminates the authority under this subtitle with respect to judicial review and expedited authorizations at the time a repository developed under this subtitle is licensed to receive and possess high-level radioactive waste and spent nuclear fuel.

Requires the Secretary to give full consideration to the effect of any acquisition of water rights required by the establishment of a repository.

Subtitle B: Interim Storage Program - Directs the Secretary, the NRC, and other Federal officials to encourage and expedite the effective use of available storage and necessary additional storage at civilian nuclear reactor sites. Requires the Secretary to establish a commercialization program to assist the development by the private sector of alternate technologies for the storage of civilian spent nuclear fuel at civilian nuclear reactor sites, including alternate technologies which can be adopted by the NRC on a generic basis without the need (to the maximum extent practicable) for additional site-specific approvals by the NRC.

Sets forth the procedural rules which shall govern NRC hearings on applications for licenses or license amendments, filed after the enactment of this Act, to expand spend nuclear fuel storage capacity at civilian nuclear reactor sites. Permits a person filing such an application with the NRC after the enactment of this Act to petition the NRC for issuance of such license or license amendment on an interim basis before the conduct or completion of any required hearing on the application. Requires the NRC to grant an interim license or license amendment if: (1) in all respects other than the required hearing, all legal requirements are met; (2) the activities authorized by the interim license or license amendment will provide adequate protection to the public health and safety and the environment during the interim period; and (3) refusal to grant such petition will prevent the petitioner from maintaining a full core reserve storage capability at the nuclear reactor site involved. Prohibits the NRC from issuing an interim license or license amendment for the first application to expand onsite spent fuel storage capacity through the use of a new technology not previously approved by the NRC.

Directs the Secretary to provide up to 2800 metric tons of storage capacity for spent nuclear fuel from civilian nuclear reactors. Authorizes the Secretary to contract with an owner or generator of spent nuclear fuel to provide storage capacity for the spent fuel if: (1) adequate storage capacity cannot be provided at the nuclear reactor site where the spent fuel is being generated or at any other nuclear reactor site owned by such person; and (2) such person is pursuing licensed alterntives to Federal storage capacity. Requires the removal of spent nuclear fuel stored under the interim storage program as soon as practicable after a repository developed under this Act becomes available. Directs the Secretary to report annually to Congress on plans to provide storage capacity under this Act.

Requires the NRC to establish procedures and criteria for determining the adequacy of spent nuclear fuel storage capacity available to owners or generators of spent nuclear fuel.

Requires the Secretary to make available Federal storage facilities for transuranic waste from decommissioning and decontamination of civilian nuclear facilities and from civilian fuel research and development programs. Provides for the Secretary to take title to such waste upon receipt and to charge reasonable fees for such storage. Directs the Secretary to require generators or owners of transuranic waste to enter into contracts providing that they will pay an estimated pro rata share of the costs of disposal in a repository or other facility in addition to the storage fee. Requires the Secretary to remove the transuranic waste from the storage facilities as soon as practicable after a repository or other facility becomes available. Prohibits the Secretary from providing storage for transuranic waste on the date on which a repository or other facility becomes available for transuranic waste disposal or six years after the NRC issues final regulations establishing criteria for the licensing of civilian transuranic waste disposal facilities, whichever date occurs first. Requires the Administrator of the Environmental Protection Agency to issue standards and the NRC to issue such final regulations within two years after enactment of this Act.

Provides that the Secretary's acceptance of spent nuclear fuel or high-level radioactive waste shall not constitute a transfer of title to such fuel or waste.

Requires the Secretary to submit to Congress a report establishing fees, calculated annually, for storage of spent nuclear fuel. Requires persons entering into storage contracts with the Secretary to pay a pro-rated portion of the storage costs involved. Prohibits the storage of spent nuclear fuel generated or owned by a Federal agency in storage capacity provided under this Act unless the agency transfers to the Secretary an amount equal to the fees required of any party to a storage contract.

Establishes in the Treasury the Interim Storage Fund which shall consist of: (1) receipts from storage contracts; (2) appropriations made by Congress to the fund; and (3) any unexpended balances available on the enactment of this Act for functions or activities related to the interim storage of spent nuclear fuel. Authorizes the Secretary to use the fund to cover the costs of the interim storage program, including: (1) the development, licensing, operation, and decommissioning of interim storage facilities; (2) administrative costs; and (3) design, operation, and construction costs of interim storage facilities.

Title II: Other Provisions relating to Radioactive Waste - Subtitle A: Alternative Means of Financing - Directs the Secretary to study, and report to Congress on, alternative approaches to managing the construction and operation of all civilian radioactive waste management facilities.

Subtitle B: Low-Level Radioactive Waste - Requires the NRC to ensure that licensees providing for the disposal of low-level radioactive waste provide adequate financial arrangements to permit disposal site closure and reclamation of sites, structures, and equipment. Authorizes the Secretary to assume title and custody of low-level radioactive waste and the disposal site, upon the owner's request and after termination of the disposal license, if: (1) the NRC's requirements for site closure, decommissioning, and decontamination have been met by the licensee involved; (2) such title and custody will be transferred to the Secretary without cost to the Government; and (3) Federal ownership and mangement of the site will protect the public health and safety and the environment.

Requires the Secretary to assume title and custody of low-level radioactive waste and the disposal site, upon the owner's request, once the site has been decontaminated and stabilized and the owner has paid for the long-term maintenance and monitoring of the site, if the waste is a result of a licensed activity to recover zirconium, hafnium, and rare earths from source material.

Subtitle C: Repository Advisory Review Commission - Authorizes the Secretary to establish the Repository Advisory Review Commission to the Department of Energy. Requires the Commission, if established, to review and report on proposed recommendations of repository sites by the Secretary to the President. Provides for the termination of the Secretary's authority under this subtitle upon submission of a repository construction authorization application.

Subtitle D: Disposal of Low-Level Radioactive Waste in Oceans - Prohibits the licensing or approval of low-level radioactive waste disposal in the oceans: (1) until the Administrator reports to Congress on the adverse effects of the disposal on the marine environment as compared with the adverse effects of land disposal and Congress authorizes the disposal; or (2) unless the administrator determines that the proposed disposal is only for purposes of research on the effects of low-level radiation on the marine environment.

Title III: Monitored Retrievable Storage - Requires the Secretary to submit to Congress a proposal for Federal construction of one or more monitored retrievable storage facilities for high-level radioactive waste and spent nuclear fuel. Requires that an environment assessment accompany such proposal. Subjects any facility authorized pursuant to this subtitle to licensing by the NRC. Limits the issues which the NRC may consider in reviewing the first licensing application filed by the Secretary. Directs the Secretary to make annual impact aid payments from the Interim Storage Fund to the appropriate local governments upon receipt of congressional authorization to construct such a facility.

Permits the development in any State of either a repository or a monitored retrievable storage facility, but not both.