§10244 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must prepare an environmental assessment when the Negotiator asks for any site under negotiation. For a proposed repository, the report must describe the likely effects of studying the site and of building and running the repository. For a proposed monitored retrievable storage facility, it must describe the likely effects of building and running that facility. The report must be given to the public, the Secretary must hold local public hearings to explain the review and get comments and suggestions, and the decision counts as a final agency action that can be reviewed in court under chapter 7 of title 5 and section 10139. When writing the assessment, the Secretary must use existing geophysical, geologic, geochemical, hydrologic, and other information and must not start new preliminary borings or excavations unless those work were already underway on or before December 22, 1987, or the Secretary certifies they are necessary. Any allowed preliminary boring or excavation may not be larger than 40 inches in diameter.

Title 42, §10244

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Upon the request of the Negotiator, the Secretary shall prepare an environmental assessment of any site that is the subject of negotiations under section 10243(a) of this title.

(b)(1)Each environmental assessment prepared for a repository site shall include a detailed statement of the probable impacts of characterizing such site and the construction and operation of a repository at such site.

(2)Each environmental assessment prepared for a monitored retrievable storage facility site shall include a detailed statement of the probable impacts of construction and operation of such a facility at such site.

(c)The issuance of an environmental assessment under subsection (a) shall be considered to be a final agency action subject to judicial review in accordance with the provisions of chapter 7 of title 5 and section 10139 of this title.

(d)(1)In preparing an environmental assessment for any repository or monitored retrievable storage facility site, the Secretary shall hold public hearings in the vicinity of such site to inform the residents of the area in which such site is located that such site is being considered and to receive their comments.

(2)At such hearings, the Secretary shall solicit and receive any recommendations of such residents with respect to issues that should be addressed in the environmental assessment required under subsection (a) and the site characterization plan described in section 10133(b)(1) of this title.

(e)Each environmental assessment prepared under subsection (a) shall be made available to the public.

(f)(1)In preparing an environmental assessment under subsection (a), the Secretary shall use available geophysical, geologic, geochemical and hydrologic, and other information and shall not conduct any preliminary borings or excavations at any site that is the subject of such assessment unless—

(A)such preliminary boring or excavation activities were in progress on or before December 22, 1987; or

(B)the Secretary certifies that, in the absence of preliminary borings or excavations, adequate information will not be available to satisfy the requirements of this chapter or any other law.

(2)No preliminary boring or excavation conducted under this section shall exceed a diameter of 40 inches.

Editorial Notes

Codification Pub. L. 100–202 and Pub. L. 100–203 added identical sections.

§10244 Environmental assessment of sites

Summary

Title 42, §10244

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata