2011 US Code
Title 42 - The Public Health and Welfare
Chapter 108 - NUCLEAR WASTE POLICY (§§ 10101 - 10270)
Subchapter I - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL... (§§ 10121 - 10175)
Part A - Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel (§§ 10131 - 10145)
Section 10141 - Certain standards and criteria
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 10141 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 97-425, title I, §121, Jan. 7, 1983, 96 Stat. 2228. |
Statutes at Large References | 68 Stat. 921 88 Stat. 1233 96 Stat. 2228 106 Stat. 2921 |
Public Law References | Public Law 93-438, Public Law 97-425, Public Law 102-486 |
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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 statementThe 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, §121, Jan. 7, 1983, 96 Stat. 2228.)
References in TextThe 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, §1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§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 (§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 SitePub. L. 102–486, title VIII, §801, Oct. 24, 1992, 106 Stat. 2921, provided that:
“(a)
“(1)
“(2)
“(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)
“(b)
“(1)
“(2)
“(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)
“(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.”
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