§6192 Defense Site Acceleration Completion

Summary

Allows the Energy Secretary, working with the Nuclear Regulatory Commission (NRC), to say that some waste left over from reprocessing spent nuclear fuel at certain Department of Energy sites in covered States is not "high-level radioactive waste" if three things are true: it does not need permanent deep geologic isolation, the most dangerous radioactive parts have been removed as much as practical, and it will be disposed of in ways that meet the safety performance goals in subpart C of part 61 of title 10, Code of Federal Regulations. That disposal must be done under a State-approved closure plan or permit. If the waste is above the Class C concentration limits in 10 CFR 61.55, it still can be treated this way only if the Secretary and the NRC develop disposal plans and the disposal still meets the part 61 performance goals. The NRC must monitor DOE’s disposal to check compliance with those performance goals and must tell DOE, the covered State, and these congressional committees if it finds problems: House—Armed Services, Energy and Commerce, and Appropriations; Senate—Armed Services, Energy and Natural Resources, Environment and Public Works, and Appropriations. For fiscal year 2005, the Secretary must reimburse the NRC from defense site acceleration completion funds for NRC costs, and after 2005 the NRC must include needed amounts in its presidential budget materials. The rule does not apply to material moved out of a covered State. The covered States are South Carolina and Idaho. It does not change existing cleanup agreements or consent decrees, does not set a precedent for Washington, Oregon, or other states, does not change transuranic waste rules or WIPP law or 40 CFR part 191, does not affect DOE duties under section 6154, and does not change the West Valley Demonstration Act. Court review of Secretary decisions or NRC failures is available under chapter 7 of title 5.