
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10197]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
   SUBCHAPTER II--RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING 
     DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL
 
Sec. 10197. Research and development on disposal of high-level 
        radioactive waste
        

(a) Purpose

    Not later than 64 months after January 7, 1983, the Secretary is 
authorized to, to the extent practicable, begin at a site evaluated 
under section 10194 of this title, as part of and as an extension of 
siting research activities of such site under such section, the mining 
and construction of a test and evaluation facility. Prior to the mining 
and construction of such facility, the Secretary shall prepare an 
environmental assessment. The purpose of such facility shall be--
        (1) to supplement and focus the repository site characterization 
    process;
        (2) to provide the conditions under which known technological 
    components can be integrated to demonstrate a functioning 
    repository-like system;
        (3) to provide a means of identifying, evaluating, and resolving 
    potential repository licensing issues that could not be resolved 
    during the siting research program conducted under section 10192 of 
    this title;
        (4) to validate, under actual conditions, the scientific models 
    used in the design of a repository;
        (5) to refine the design and engineering of repository 
    components and systems and to confirm the predicted behavior of such 
    components and systems;
        (6) to supplement the siting data, the generic and specific 
    geological characteristics developed under section 10194 of this 
    title relating to isolating disposal materials in the physical 
    environment of a repository;
        (7) to evaluate the design concepts for packaging, handling, and 
    emplacement of high-level radioactive waste and spent nuclear fuel 
    at the design rate; and
        (8) to establish operating capability without exposing workers 
    to excessive radiation.

(b) Design

    The Secretary shall design each test and evaluation facility--
        (1) to be capable of receiving not more than 100 full-sized 
    canisters of solidified high-level radioactive waste (which 
    canisters shall not exceed an aggregate weight of 100 metric tons), 
    except that spent nuclear fuel may be used instead of such waste if 
    such waste cannot be obtained under reasonable conditions;
        (2) to permit full retrieval of solidified high-level 
    radioactive waste, or other radioactive material used by the 
    Secretary for testing, upon completion of the technology 
    demonstration activities; and
        (3) based upon the principle that the high-level radioactive 
    waste, spent nuclear fuel, or other radioactive material involved 
    shall be isolated from the biosphere in such a way that the initial 
    isolation is provided by engineered barriers functioning as a system 
    with the geologic environment.

(c) Operation

    (1) Not later than 88 months after January 7, 1983, the Secretary 
shall begin an in situ testing program at the test and evaluation 
facility in accordance with the mission plan developed under section 
10221 of this title, for purposes of--
        (A) conducting in situ tests of bore hole sealing, geologic 
    media fracture sealing, and room closure to establish the techniques 
    and performance for isolation of high-level radioactive waste, spent 
    nuclear fuel, or other radioactive materials from the biosphere;
        (B) conducting in situ tests with radioactive sources and 
    materials to evaluate and improve reliable models for radionuclide 
    migration, absorption, and containment within the engineered 
    barriers and geologic media involved, if the Secretary finds there 
    is reasonable assurance that such radioactive sources and materials 
    will not threaten the use of such site as a repository;
        (C) conducting in situ tests to evaluate and improve models for 
    ground water or brine flow through fractured geologic media;
        (D) conducting in situ tests under conditions representing the 
    real time and the accelerated time behavior of the engineered 
    barriers within the geologic environment involved;
        (E) conducting in situ tests to evaluate the effects of heat and 
    pressure on the geologic media involved, on the hydrology of the 
    surrounding area, and on the integrity of the disposal packages;
        (F) conducting in situ tests under both normal and abnormal 
    repository conditions to establish safe design limits for disposal 
    packages and to determine the effects of the gross release of 
    radionuclides into surroundings, and the effects of various credible 
    failure modes, including--
            (i) seismic events leading to the coupling of aquifers 
        through the test and evaluation facility;
            (ii) thermal pulses significantly greater than the maximum 
        calculated; and
            (iii) human intrusion creating a direct pathway to the 
        biosphere; and

        (G) conducting such other research and development activities as 
    the Secretary considers appropriate, including such activities 
    necessary to obtain the use of high-level radioactive waste, spent 
    nuclear fuel, or other radioactive materials (such as any highly 
    radioactive material from the Three Mile Island nuclear powerplant 
    or from the West Valley Demonstration Project) for test and 
    evaluation purposes, if such other activities are reasonably 
    necessary to support the repository program and if there is 
    reasonable assurance that the radioactive sources involved will not 
    threaten the use of such site as a repository.

    (2) The in situ testing authorized in this subsection shall be 
designed to ensure that the suitability of the site involved for 
licensing by the Commission as a repository will not be adversely 
affected.

(d) Use of existing Department facilities

    During the conducting of siting research activities under section 
10194 of this title and for such period thereafter as the Secretary 
considers appropriate, the Secretary shall use Department facilities 
owned by the Federal Government on January 7, 1983, for the conducting 
of generically applicable tests regarding packaging, handling, and 
emplacement technology for solidified high-level radioactive waste and 
spent nuclear fuel from civilian nuclear activities.

(e) Engineered barriers

    The system of engineered barriers and selected geology used in a 
test and evaluation facility shall have a design life at least as long 
as that which the Commission requires by regulations issued under this 
chapter, or under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
seq.), for repositories.

(f) Role of Commission

    (1)(A) Not later than 1 year after January 7, 1983, the Secretary 
and the Commission shall reach a written understanding establishing the 
procedures for review, consultation, and coordination in the planning, 
construction, and operation of the test and evaluation facility under 
this section. Such understanding shall establish a schedule, consistent 
with the deadlines set forth in this subchapter,\1\ for submission by 
the Secretary of, and review by the Commission of and necessary action 
on--
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    \1\ See References in Text note below.
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        (i) the mission plan prepared under section 10221 of this title; 
    and
        (ii) such reports and other information as the Commission may 
    reasonably require to evaluate any health and safety impacts of the 
    test and evaluation facility.

    (B) Such understanding shall also establish the conditions under 
which the Commission may have access to the test and evaluation facility 
for the purpose of assessing any public health and safety concerns that 
it may have. No shafts may be excavated for the test and evaluation 
until the Secretary and the Commission enter into such understanding.
    (2) Subject to section 10225 of this title, the test and evaluation 
facility, and the facilities authorized in this section, shall be 
constructed and operated as research, development, and demonstration 
facilities, and shall not be subject to licensing under section 5842 of 
this title.
    (3)(A) The Commission shall carry out a continuing analysis of the 
activities undertaken under this section to evaluate the adequacy of the 
consideration of public health and safety issues.
    (B) The Commission shall report to the President, the Secretary, and 
the Congress as the Commission considers appropriate with respect to the 
conduct of activities under this section.

(g) Environmental review

    The Secretary shall prepare an environmental impact statement under 
section 102(2)(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)) prior to conducting tests with radioactive materials 
at the test and evaluation facility. Such environmental impact statement 
shall incorporate, to the extent practicable, the environmental 
assessment prepared under subsection (a) of this section. Nothing in 
this subsection may be construed to limit siting research activities 
conducted under section 10194 of this title. This subsection shall apply 
only to activities performed exclusively for a test and evaluation 
facility.

(h) Limitations

    (1) If the test and evaluation facility is not located at the site 
of a repository, the Secretary shall obtain the concurrence of the 
Commission with respect to the decontamination and decommissioning of 
such facility.
    (2) If the test and evaluation facility is not located at a 
candidate site or repository site, the Secretary shall conduct only the 
portion of the in situ testing program required in subsection (c) of 
this section determined by the Secretary to be useful in carrying out 
the purposes of this chapter.
    (3) The operation of the test and evaluation facility shall 
terminate not later than--
        (A) 5 years after the date on which the initial repository 
    begins operation; or
        (B) at such time as the Secretary determines that the continued 
    operation of a test and evaluation facility is not necessary for 
    research, development, and demonstration purposes;

whichever occurs sooner.
    (4) Notwithstanding any other provisions of this subsection, as soon 
as practicable following any determination by the Secretary, with the 
concurrence of the Commission, that the test and evaluation facility is 
unsuitable for continued operation, the Secretary shall take such 
actions as are necessary to remove from such site any radioactive 
material placed on such site as a result of testing and evaluation 
activities conducted under this section. Such requirement may be waived 
if the Secretary, with the concurrence of the Commission, finds that 
short-term testing and evaluation activities using radioactive material 
will not endanger the public health and safety.

(Pub. L. 97-425, title II, Sec. 217, Jan. 7, 1983, 96 Stat. 2249.)

                       References in Text

    The Atomic Energy Act of 1954, referred to in subsec. (e), 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.
    This subchapter, referred to in subsec. (f)(1)(A), was in the 
original ``this subtitle'', and was translated as this subchapter to 
reflect the probable intent of Congress because title II of Pub. L. 97-
425, which enacted this subchapter, does not contain subtitles.

                  Section Referred to in Other Sections

    This section is referred to in section 10199 of this title.
