§10107 Applicability to Atomic Energy Defense Activities

Summary

Most of the chapter’s rules do not apply to atomic energy defense work or the facilities used for that work, except as explained below. Within 2 years after January 7, 1983, the President must study whether one or more repositories being planned under part A of subchapter I should take high‑level radioactive waste from defense activities. The study must look at cost, health and safety, regulation, transportation, public acceptability, and national security. If the President does not require a separate defense‑only repository, the Secretary must arrange to use those repositories and set how development, construction, and operating costs are shared. The Federal Government must pay permanent disposal costs into the special account under section 10222. A repository used only for defense high‑level waste must be licensed under section 5842 and follow the Commission’s rules for siting, building, and operating. The chapter applies when a repository is not used exclusively for defense waste, defense spent fuel, or the Secretary’s research and development.