[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2871 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2871
To establish a task force on the implications of amending the Atomic
Energy Act of 1954 to remove exemptions from environmental laws for
spent nuclear fuel and high-level radioactive waste to allow for
consent-based siting of geologic repositories.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28, 2021
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To establish a task force on the implications of amending the Atomic
Energy Act of 1954 to remove exemptions from environmental laws for
spent nuclear fuel and high-level radioactive waste to allow for
consent-based siting of geologic repositories.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Waste Task Force Act of
2021''.
SEC. 2. TASK FORCE.
(a) Definitions.--In this section:
(1) Environmental justice community.--The term
``environmental justice community'' means a community with a
significant representation of communities of color, low-income
communities, or Tribal and indigenous communities that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects, as compared to
other communities.
(2) EPA representative.--The term ``EPA representative''
means the member of the Task Force appointed under subsection
(c)(2)(B)(i).
(3) High-level radioactive waste.--The term ``high-level
radioactive waste'' has the meaning given the term in section 2
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(4) Indian tribe.--The term ``Indian Tribe'' means an
Indian tribe included on the list published by the Secretary of
the Interior under section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(5) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(6) Task force.--The term ``Task Force'' means the task
force established under subsection (b).
(b) Establishment.--The Administrator of the Environmental
Protection Agency shall establish a task force, to be known as ``Task
Force on the Implications of Amending the Atomic Energy Act of 1954 to
Remove Exemptions from Environmental Laws for Spent Nuclear Fuel And
High-Level Radioactive Waste to Allow for Consent-Based Siting of
Geologic Repositories''--
(1) to continue the work of the 2012 Blue Ribbon Commission
on America's Nuclear Future, which found that consent was
necessary to successfully arrive at permanent disposal sites
for nuclear waste; and
(2) to analyze the implications of amending the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.) to remove
exemptions from environmental laws for spent nuclear fuel from
commercial reactors and high-level radioactive waste from
defense and commercial origins in order to create a consent-
driven pathway to addressing the disposal challenges of
commercial and defense nuclear waste.
(c) Membership.--
(1) In general.--The Task Force shall include a balanced
representation of--
(A) Federal, State, Tribal, and local government
agencies;
(B) nongovernmental organizations;
(C) unions; and
(D) the private sector.
(2) Members.--
(A) In general.--The Task Force shall be composed
of not more than 30 members who represent entities
that--
(i) are currently affected by the storage,
treatment, or management of commercial or
defense nuclear waste; or
(ii) have cognizable and well-understood
interests in the objectives of the Task Force.
(B) Federal members.--Not more than 5 members of
the Task Force shall be representatives of the Federal
Government, of whom--
(i) 1 shall be appointed by the
Administrator of the Environmental Protection
Agency to represent the Environmental
Protection Agency;
(ii) 1 shall be appointed by the Secretary
of Energy to represent the Department of
Energy;
(iii) 1 shall be appointed by the Nuclear
Regulatory Commission to represent the Nuclear
Regulatory Commission;
(iv) 1 shall be appointed by the Director
of the White House Office of Science and
Technology Policy to represent the White House
Office of Science and Technology Policy; and
(v) 1 shall be appointed by the Secretary
of Transportation to represent the Department
of Transportation.
(C) Non-federal members.--
(i) In general.--Except as provided in
clause (ii), the EPA representative shall
appoint the non-Federal members of the Task
Force.
(ii) State government representatives.--
(I) In general.--The EPA
representative shall select not fewer
than 7 States, representing a
geographical balance from across the
United States, the governments of which
shall be represented on the Task Force.
(II) Appointment.--The Governor of
a State selected under subclause (I),
or an appropriate agency of the State,
such as a State department of ecology
or State environment department, if the
Governor determines it to be
appropriate, shall appoint the
representative of the State government
who shall serve on the Task Force.
(iii) Other non-federal members.--
(I) Geographic and historical
balance.--In selecting the non-Federal
members of the Task Force, the EPA
representative shall ensure--
(aa) a geographical balance
among the non-Federal members
from across the United States;
and
(bb) a balance of
historical concerns with
respect to nuclear waste.
(II) Interests.--In selecting the
non-Federal members of the Task Force,
the EPA representative shall ensure
that not fewer than 18 members are
selected from among representatives
of--
(aa) Indian Tribes;
(bb) national environmental
interest groups;
(cc) regional environmental
justice groups;
(dd) industry;
(ee) labor organizations;
(ff) professional
societies; and
(gg) safety- and health-
related organizations.
(D) Selection of chair.--The non-Federal members of
the Task Force appointed under subparagraph (C) shall
select the Chair of the Task Force from among the non-
Federal members.
(3) Compensation; expenses.--
(A) Compensation.--A member of the Task Force shall
serve without compensation.
(B) Expenses.--A member of the Task Force shall
receive reimbursement from the Administrator of the
Environmental Protection Agency at the applicable
Federal per diem rate for all out-of-pocket expenses
incurred in carrying out the duties of the Task Force.
(d) Grants.--Subject to the approval of the Federal members of the
Task Force appointed under subsection (c)(2)(B), the Chair of the Task
Force may provide participation grants to task force members from
underresourced communities, environmental justice communities, or
nonprofit organizations that are located in environmental justice
communities and represent and work on behalf of environmental justice
communities with respect to issues relating to the storage and disposal
of spent nuclear fuel and high-level radioactive waste.
(e) Duties.--
(1) Report.--Not later than 1 year after the date of
enactment of this Act, the Task Force shall submit to Congress
and the President a report, in unclassified form, that--
(A)(i) provides a clear explanation of what
constitutes ``consent-based siting''; and
(ii) includes recommendations on how consent-based
siting could be practically implemented;
(B) describes and evaluates, taking into
consideration the consent-based siting recommendations
of the 2012 Blue Ribbon Commission for America's
Nuclear Future--
(i) the implications of amending the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.) to
remove exemptions from environmental laws, such
as the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) (commonly known as the ``Resource
Conservation and Recovery Act of 1976''), for
spent nuclear fuel and high-level radioactive
waste, while maintaining Federal minimum
standards;
(ii) the likely allocations of precise
regulatory responsibilities under any amendment
to the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.) described and evaluated under
clause (i); and
(iii) the timeframe necessary for
developing regulations in accordance with
clause (ii) and subparagraph (C); and
(C) includes recommendations for appropriate
legislative and regulatory changes based on the matters
described and evaluated under subparagraph (B).
(2) Notice and comment.--
(A) In general.--In preparing the report under
paragraph (1), the Task Force shall provide public
notice and an opportunity for comment on the matters
described in paragraph (1).
(B) Requirement.--To ensure sufficient opportunity
for timely public input on the matters described in
paragraph (1), the Task Force shall provide not fewer
than 3 opportunities for public comment under
subparagraph (A), including--
(i) 1 opportunity on the East Coast;
(ii) 1 opportunity on the West Coast; and
(iii) 1 opportunity in the middle region of
the United States.
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Nuclear Waste Task Force Act of 2021
#2871 | S Congress #117
Policy Area: Energy
Subjects:
Last Action: Read twice and referred to the Committee on Environment and Public Works. (9/28/2021)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text