§10168 — Title 42 The Public Health and Welfare | U.S. Code

Summary

When a site is formally picked under the law, federal environmental review rules (NEPA) must be followed before building a monitored retrievable storage (MRS) facility. The environmental study does not have to examine whether the country needs the facility or consider alternatives to the specific design rules found in section 10161(b)(1). Still, the study or the Commission’s licensing process may look at different designs so long as they meet those design rules. After a site is selected, the Secretary can ask the Commission for a license to build the MRS as part of an integrated waste system. Any such MRS must be licensed under section 5842(3). When the Commission reviews the Secretary’s license application it may not consider need for the facility or alternatives to the design rules in 10161(b)(1). The Commission’s license must say construction cannot start until a repository construction license under section 10135(d) exists, construction or accepting waste must stop if the repository license is revoked or repository construction stops, and site inventory limits are 10,000 metric tons of heavy metal until a repository first accepts waste and 15,000 metric tons at any time thereafter.

Title 42, §10168

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

(a)(1)Once the selection of a site is effective under section 10166 of this title, the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with respect to construction of a monitored retrievable storage facility, except that any environmental impact statement prepared with respect to such facility shall not be required to consider the need for such facility or any alternative to the design criteria for such facility set forth in section 10161(b)(1) of this title.

(2)Nothing in this section shall be construed to limit the consideration of alternative facility designs consistent with the criteria described in section 10161(b)(1) of this title in any environmental impact statement, or in any licensing procedure of the Commission, with respect to any monitored retrievable storage facility authorized under section 10162(b) of this title.

(b)Once the selection of a site for a monitored retrievable storage facility is effective under section 10166 of this title, the Secretary may submit an application to the Commission for a license to construct such a facility as part of an integrated nuclear waste management system and in accordance with the provisions of this section and applicable agreements under this chapter affecting such facility.

(c)Any monitored retrievable storage facility authorized pursuant to section 10162(b) of this title shall be subject to licensing under section 5842(3) of this title. In reviewing the application filed by the Secretary for licensing of such facility, the Commission may not consider the need for such facility or any alternative to the design criteria for such facility set forth in section 10161(b)(1) of this title.

(d)Any license issued by the Commission for a monitored retrievable storage facility under this section shall provide that—

(1)construction of such facility may not begin until the Commission has issued a license for the construction of a repository under section 10135(d) 11 So in original. section 10135(d) of this title does not relate to Commission issuance of license. of this title;

(2)construction of such facility or acceptance of spent nuclear fuel or high-level radioactive waste shall be prohibited during such time as the repository license is revoked by the Commission or construction of the repository ceases;

(3)the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 10,000 metric tons of heavy metal until a repository under this chapter first accepts spent nuclear fuel or solidified high-level radioactive waste; and

(4)the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 15,000 metric tons of heavy metal.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of this title and Tables. Codification Pub. L. 100–202 and Pub. L. 100–203 added identical sections.

§10168 Construction Authorization