legislation: 95-hr-14323
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| 95-hr-14323 | 95 | hr | 14323 | Nuclear Waste Management Act | Energy | 1978-10-13 | 1978-10-13 | Referred to House Committee on Science and Technology. | House | Rep. Jeffords, James M. [R-VT-At Large] | VT | R | J000072 | 1 | Nuclear Waste Management Act - Title I: Definitions; Declarations of Findings and Purposes - Declares that the purposes of this Act are to establish an independent agency to be known as the Nuclear Waste Management Authority which shall have sole responsibility for the decontamination, storage, and disposal of all nuclear wastes as well as surplus, obsolete, or abandoned radioactive facilities; to direct the Environmental Protection Agency to promulgate health and safety standards with respect to ionizing emissions from radioactive substances; and to direct the Nuclear Regulatory Commission to license the setting, design, and construction of nuclear waste facilities. Title II: The Nuclear Waste Management Authority - Creates the Nuclear Waste Management Authority as an independent executive agency. Requires the Director of the Authority to establish a plan together with cost estimates and an analysis of the social and environmental impacts for the temporary and permanent treatment and disposal of all nuclear wastes, as well as obsolete, surplus, or abandoned radioactive facilities and sites in existence now or in the future which have been produced by the use of nuclear energy since January 1, 1940. Requires the Director to establish and operate nuclear waste facilities and to establish programs for the treatment and disposal of nuclear wastes. Requires the establishment of fees or user charges for the use of nuclear waste facilities or nuclear treatment and disposal programs. Requires the Department of Defense, the Department of Energy, and the Nuclear Regulatory Commission to furnish the Director with a complete inventory of all nuclear wastes, nuclear fuels, radioactive materials and facilities and sites in their possession or in private ownership under their control or license. Requires the Director to report to the President, the Congress, and the International Atomic Energy Agency annually concerning any substantial loss of nuclear fuel or waste. Directs the Board of Directors, in association with specified agencies, to undertake a study to determine, among other things: (1) the quantity and types of presently existing nuclear waste and radioactive facilities and sites and the quantity and types of such wastes, facilities, and sites that will exist on January 1, 2000, and on January 1, 2020; (2) the number of nuclear waste facilities required to handle the amount of wastes estimated to be generated by January 1, 2000, and January 1, 2020; (3) the types of technology and design to be used at such facilities; (4) the appropriate construction schedule for each such facility; (4) potential sites for such facilities; (5) estimated construction and operation costs; (6) a user fee schedule for use of such facilities; (7) guidelines for the transportation of radioactive waste; and (8) appropriate methods for decommissioning radioactive facilities and sites. Stipulates that such sites must be capable of containing all the material disposed of therein without human intervention beginning 125 years after the date of disposal and following that date for a period of 25,000 years. Directs the Director to issue a report of the results of such study to be submitted to the President, Congress, and the Governor of any State selected as a potential site for a nuclear waste facility. Directs the Secretary of Energy to hold hearings in each such State to allow public participation on proposals for establishing a nuclear waste facility in such State. Authorizes the Governor of any affected State to disapprove the Director's selection of any site for a nuclear waste facility in that State. Directs the Director to issue a Plan for the Management of Nuclear Wastes and for the Decommissioning and Decontamination of Radioactive Facilities and Sites within three years of the date of enactment of this Act, or, if the number of approved sites is less than anticipated needs, within four years, and sets forth components of such plan. Specifies alternate components of such plan in the event such anticipated needs can not be met. Sets forth the Director's authority with respect to personnel necessary to perform the functions created by this Act. Stipulates that the Director shall have access to all nuclear wastes, nuclear waste facilities, and surplus, obsolete, or abandoned radioactive facilities. Authorizes the Secretary of Energy or any other former owner, upon one year's notice to the Director, to reclaim any irradiated, abandoned, or "spent" nuclear fuel or fuel assemblies if such reclamation can be carried out in a manner which will not present future or present health and safety problems for humans or other living beings. Stipulates that the Authority shall take title to and custody of all nuclear wastes delivered to an operating nuclear waste facility in the specified manner. Title III: Research and Development - Authorizes the Secretary of Energy and the Authority to undertake all research and development necessary to carry out the purposes of this Act. Authorizes the Nuclear Regulatory Commission to require the Secretary: (1) to post bond for the decontamination of sites and facilities used for such development work if it is determined that such work may cause hazardous radioactive contamination of physical facilities, the environment, geological formations or aquifers; or (2) to cease such development work if it is determined the potential for accident is unreasonably high, until such potential is reduced. Title IV: Powers of the Environmental Protection Agency - Directs the Environmental Protection Agency to determine and promulgate such standards as will be necessary to protect the health and safety of humans and other living beings from hazardous exposure to ionizing emissions from radioactive substances and materials. Directs the Agency to determine those conditions under which the migration of nuclear wastes and materials from radioactive facilities and nuclear waste facilities shall constitute a hazard or danger to the health and safety of future generations. Directs the Agency to submit such standards to the President, the Congress, and the Nuclear Regulatory Commission within one year after enactment of this Act, and to report every five years concerning the necessity for revising such standards. Title V: Powers of the Nuclear Regulatory Commission - Stipulates that the Nuclear Regulatory Commission shall have licensing and related regulatory authority with regard to the operation of existing or future nuclear waste facilities, the transportation, processing, storage, and disposal of nuclear wastes as well as the decontamination and decommission of surplus, obsolete, or abandoned radioactive facilities and sites. Directs the Commission every ten years to review licenses granted under this Act to determine whether the original conditions and provisos are sufficient to assure the health and safety of present and future generations in light of the advancement of knowledge since the date of issuance. Title VI: Transfers of Authority - Transfers the functions, powers, authorizations for appropriations and appropriations of the Department of Energy relating to nuclear wastes and waste facilities to the Authority. Transfers all regulatory and licensing powers and functions of the Environmental Protection Agency with regard to the disposal of nuclear wastes or radioactive materials in any body of water to the Nuclear Regulatory Commission. Title VII: Authorization of Appropriations and Reports - Authorizes appropriations for the establishment and operation of the Authority during each fiscal year. Requires the Director of the Authority, the Secretary of the Department of Energy, the Administrator of the Environmental Protection Agency and the Chairman of the Nuclear Regulatory Commission to make a report to the President at the end of each fiscal year for submission to the Congress concerning their activities during the preceding year pursuant to the powers granted them by this Act. Requires that such reports include a detailed statement of goals, expenditures, plans and income projected for the ensuing two years. Title VIII: Separability and Consistency with Existing Laws - Stipulates that nothing in the Atomic Energy Act or contained in any other applicable law of the United States shall supervene or take precedence over the provisions of this Act. Stipulates that if any portion of this Act or its application shall be declared invalid the other provisions of this Act or their application shall not be affected. | 2025-09-02T17:11:43Z |