
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10141]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
  SUBCHAPTER I--DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, 
           SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE
 
 Part A--Repositories for Disposal of High-Level Radioactive Waste and 
                           Spent Nuclear Fuel
 
Sec. 10141. Certain standards and criteria


(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;
        (ii) applications for licenses to receive and possess spent 
    nuclear fuel and high-level radioactive waste in such repositories; 
    and
        (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) of this section.
    (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) of this section. If the Administrator 
promulgates standards under subsection (a) of this section 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.

(Pub. L. 97-425, title I, Sec. 121, Jan. 7, 1983, 96 Stat. 2228.)

                       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, 
Sec. 1, 68 Stat. 921, and amended, which is classified generally to 
chapter 23 (Sec. 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 (Sec. 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, Sec. 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.''
