Nuclear Waste Policy Act of 1982

Nuclear Waste Policy Act of 1982 - Title I: Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste - Provides that titles I and III of this Act shall not apply to atomic energy defense activities or to facilities connected with such activities.

Requires that within two years after enactment of this Act the President shall evaluate the use of repositories to be developed under subtitle A of this Act for the disposal of high-level radioactive waste resulting from atomic energy defense activities and shall arrange for such use, unless the President finds that the development of a repository exclusively for waste from atomic energy defense activities is required. Subjects such a repository to licensing requirements and to Nuclear Regulatory Commission (NRC) requirements for the establishment of repositories.

Provides that this Act shall apply to repositories not used exclusively for high-level radioactive waste or spent nuclear fuel from: (1) atomic energy defense activities; (2) research and development activities of the Secretary of Energy; or (3) both.

Requires the Secretary to notify the State in which, or the Indian tribe on whose reservation, a repository for high-level radioactive waste or spent nuclear fuel from atomic energy defense activities or from research and development activities of the Secretary 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.

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, following the issuance of the guidelines and consultation with affected States, to recommend to the President at least five 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 one additional candidate site by February 1, 1985.

Requires that each candidate site recommendation be accompanied by an environmental assessment and a basis for the recommendation. 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.

Provides that this Act shall not prohibit the Secretary from continuing ongoing or presently planned site characterization at Department of Energy sites for which the location of the principal borehole was approved by August 1, 1982, provided that an environmental assessment is prepared and made available to the public before shafts are sunken at any such site. Prohibits the continuation of site characterization at any such site unless such site is recommended as a candidate site and approved by the President.

Requires the Secretary to carry out site characterization activities at each candidate site approved by the President. Requires the Secretary to submit to the 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) a general plan for site characterization activities; (2) a description of the possible packaging for the high-level radioactive waste and spent nuclear fuel to be emplaced in the repository; and (3) a conceptual repository design that takes into account likely site-specific requirements. Directs the Secretary to make the required site characterization plan available to the public and to hold public hearings on it. 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.

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 March 31, 1986, 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 notice of disapproval of the site designation. Provides that if a notice of disapproval is submitted, a site designation shall not be effective unless Congress passes a resolution of repository siting approval.

Authorizes the affected Governor or Indian tribe to submit to Congress a notice of 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 recommendations 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. Requires 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 the characterization of a site or the construction or initial operation of a repository. Exempts NRC authorizations from such requirements.

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.

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.

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

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.

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 NRC to establish procedures for licensing technology approved by the NRC for use at civilian nuclear reactor sites.

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 spent nuclear fuel storage capacity at civilian nuclear reactor sites.

Directs the Secretary to provide up to 1700 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 alternatives to Federal storage capacity. Authorizes the Secretary to provide up to 100 metric tons of storage capacity for foreign spent nuclear fuel that the United States is required to accept pursuant to international arrangements relating to the nonproliferation of nuclear weapons. Authorizes the Secretary to provide an aggregate of up to 200 metric tons of additional storage capacity for spent nuclear fuel from civilian nuclear reactors and for foreign spent nuclear fuel.

Provides that the provision of 300 or more metric tons of storage capacity at any one Federal site shall require the preparation of an environmental impact statement. Requires the Secretary to prepare and publish: (1) an environmental assessment of the probable impacts of the provision of less than 300 metric tons of storage capacity at a Federal site that requires the modification or expansion of any facility at the site; and (2) a discussion of the actions that can be undertaken to avoid such impacts. Makes such an assessment subject to judicial review.

Requires the Secretary to notify the appropriate State or Indian tribe if 300 or more metric tons of storage capacity are to be provided at any Federal site. Authorizes the State or Indian tribe to submit to Congress a notice of disapproval, with respect to the provision of such storage capacity, within 60 days after being notified by the Secretary. Provides that if such a notice of disapproval is submitted to Congress, the proposed provision of 300 or more metric tons of storage capacity at the site involved shall be disapproved unless Congress passes a resolution approving it. 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.

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 facilities.

Subtitle C: 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.

Subtitle D: 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 management of the site will protect the public health and safety and the environment.

Title II: Research, Development, and Demonstration Regarding Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel - Requires the Secretary, within six months after enactment of this Act, to issue general guidelines for the selection of a site for a test and evaluation facility. Requires the Secretary, within one year after enactment of this Act and following promulgation of such guidelines, to identify three or more sites, at least two of which shall be in different geologic media and at least one of which shall be in media other than salt. Provides that the Secretary shall give preference to sites in media that retard aqueous transport of radionuclides. Requires that all sites so identified be more than 15 statute miles from towns with populations of more than 1,000, unless sites contained high-level radioactive waste prior to identification. Requires that each site identification be supported by an environmental assessment. Directs the Secretary to notify the appropriate State or Indian tribe when a site has been identified. Permits the identification of other sites beyond the one-year period.

Requires the Secretary to select a site for expanded siting research activities within 30 months after the Secretary has completed site identifications. Directs the Secretary to hold at least one public meeting in the vicinity of identified sites to discuss the activities to be conducted and receive residents' views within six months after site identifications are completed and before siting research activities are begun. Restricts the Secretary's use of radioactive materials during siting research activities.

Authorizes the Secretary to take title to the high-level radioactive waste, spent nuclear fuel, and other radioactive material emplaced in a test and evaluation facility.

Grants a State or Indian tribe notified of a test and evaluation facility site identification affecting it the right to participate in a process of consultation and cooperation from the time of such identification throughout the life of the facility. Authorizes the Secretary to enter into written agreements with such a State or Indian tribe to expedite the consultation and cooperation process.

Requires Federal agency cooperation in the preparation of necessary reports and the mission plan required by this Act.

Requires the Secretary to begin construction of a test and evaluation facility within 64 months of the enactment of this Act to carry out research and provide a demonstration of the technology for geologic disposal of high-level radioactive waste and spent nulcear fuel. Sets forth the design requirements for such facilities. Requires the Secretary to begin an in situ testing program at such facility within 88 months after enactment of this Act.

Provides for the use of existing Department facilities for conducting generically applicable tests with respect to packaging, handling, and emplacement technology for solidified high-level radioactive waste and spent nuclear fuel from civilian nuclear activities.

Requires the NRC to carry out a continuing review and analysis of the activities under this title to evaluate the public health and safety impacts of the test and evaluation facility. Directs the NRC to report to the President, the Secretary, and Congress on such activities.

Requires the Secretary to prepare an environmental impact statement before conducting tests with radioactive materials at the test and evaluation facility. Requires the NRC to concur in the decontamination and decommissioning of the facility if it is not located at a repository site. Limits the in situ testing program if the faciltiy is not located at a candidate or repository site. Sets forth the termination date for the facility. Requires the Secretary to remove radioactive material from the facility site as soon as the facility is found to be unsuitable for continued operations.

Provides for the Secretary to establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear reactor sites. Directs the Secretary to undertake also a cooperative program with civilian nuclear reactors to encourage the development of technology for spent nuclear fuel rod consolidation in existing reactor water storage basins. Requires the Secretary to enter into cooperative agreements with the utilities involved to carry out such programs. Authorizes the establishment of a research and development program for the dry storage of up to 300 metric tons of spent nuclear fuel at Federal facilities. Requires the Secretary to provide spent nuclear fuel for such program from spent nuclear fuel received by the Secretary for storage under subtitle B of this Act. Limits the Federal contribution to the demonstration program to 25 percent of the total costs. Requires the remaining program costs to be covered by the utilities involved or by the Secretary from the Interim Storage Fund. Restricts the use of Department research, development, or demonstration facilities under this title without congressional authorization.

Requires the Secretary to pay 75 percent of the costs incurred by a State or Indian tribe which engages in any activity pursuant to a consultation and cooperation agreement with respect to the test and evaluation facility. Requires a State receiving such payment to pay at least one-tenth of such amount to the local governments within the jurisdictional boundaries of which the site involved is located.

Provides for the Secretary to report to Congress on the research and development activities necessary to develop the proposal for monitored retrievable storage facilities.

Title III: Other Provisions Relating to Radioactive Waste - Requires the Secretary to prepare a mission plan which shall provide an informational basis for carrying out the repository program and the research, development, and demonstration program required under this Act. Requires that the mission plan include scientific, technical, and economic information with respect to repository siting and construction, the test and evaluation facility, and solidification and packaging of high-level radioactive waste spent nuclear fuel. Directs the Secretary to submit a draft mission plan to the States, Indian tribes, the NRC, and other appropriate Government agencies for their comments. Provides for the Secretary to submit the mission plan to the appropriate congressional committees after reviewing any comments received and revising the plan as necessary. Requires that the plan be used at the end of the 30-day period following Congress' receipt of the plan. Requires the Secretary to report to Congress annually on the progress made toward implementation of the plan.

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. Prohibits the disposal of any high-level radioactive waste or spent nuclear fuel generated or owned by a Federal agency in a repository constructed under this Act, unless the agency transfers to the Secretary for deposit in the Nuclear Waste Fund an amount equal to the fees required of any party to a disposal contract.

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.

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.

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. Authorizes the Secretary to take title to such waste upon receipt. Directs the Secretary to require generators and 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 accepting title to transuranic waste or accepting additional transuranic waste for disposal two years or more after enactment of this Act. 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.

Directs the Secretary to conduct a study and report to Congress on: (1) the amount of transuranic waste eligible for storage under this Act through December 31, 2000; (2) the amount of private storage capacity available for such waste; (3) the availability of Federal storage capacity for such waste; and (4) the Secretary's plan for disposal of the waste to which title is accepted by the Secretary.

Requires the Administrator of the Environmental Protection Agency to issue standards and the NRC to issue final regulations establishing criteria for the licensing of civilian transuranic waste disposal facilities within two years after enactment of this Act.

Establishes within the Department of Energy an Office of Civilian Radioactive Waste Management to carry out the functions of the Secretary under this Act. Requires the Director of the Office to report annually to Congress on the activities and expenditures of the Office. Requires the Comptroller General to make an annual audit of the Office and report the results to Congress.

Requires the Secretary to report to Congress on whether the test and evaluation facility will be located at a repository site. Requires that site selection and development of the facility be conducted according to the requirements of title I of this Act relating to repository site selection and development if the facility is to be located at a repository site. Prohibits the Secretary from commencing construction of any test and evaluation facility at such a site until the NRC has issued a repository construction authorization for the site involved and the site designation is effective. Prohibits the conversion of a test and evaluation facility into a repository, unless site selection and development of the facility complied with the requirements of title I of this Act relating to repository site selection and development.