[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1806 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1806

 To authorize the United States Department of Energy to remediate the 
  Western New York Nuclear Service Center in the Town of Ashford, New 
                  York, and dispose of nuclear waste.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2005

  Mr. Schumer (for himself and Mrs. Clinton) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
 To authorize the United States Department of Energy to remediate the 
  Western New York Nuclear Service Center in the Town of Ashford, New 
                  York, and dispose of nuclear waste.

    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 ``West Valley Remediation Act of 
2005''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Federal Government has had the primary and central 
        role in initiating, establishing, and providing material for 
        spent nuclear fuel reprocessing and waste burial operations at 
        the Center.
            (2) The Federal Government has availed itself of spent 
        nuclear fuel reprocessing operations at the Center, and has 
        benefited from such operations to process and store at the 
        Center radioactively contaminated materials generated in, and 
        by, various Federal civilian and military programs.
            (3) Under the West Valley Demonstration Project Act, New 
        York State has contributed over $200,000,000 toward site 
        remediation, making New York the only State that has 
        contributed toward the cleanup of a high-level radioactive 
        waste site.
            (4) Since passage of the West Valley Demonstration Project 
        Act, substantial progress has been made in the remediation of 
        radioactive wastes at the Center, but the remediation of the 
        Center has not been completed.
            (5) The Federal Government agreed in 1987 to prepare an 
        environmental impact statement concerning closure for the post-
        vitrification phase of the West Valley Demonstration Project, 
        as will be needed for remediation of the Center, and has made 
        substantial progress since then in preparing such an 
        environmental impact statement for the Center, including the 
        issuance of a draft environmental impact statement in 1996, but 
        the environmental impact statement has not been completed.
            (6) The lack of certainty about Federal responsibility for 
        the remaining remediation necessary at the Center may impede 
        progress toward completion of the cleanup.
            (7) Completion of the remaining remediation at the Center 
        in a prompt, thorough, and effective manner, in full compliance 
        with all applicable State and Federal laws and regulations, is 
        in the best interest of the United States, the Great Lakes 
        region as a whole, the State and its citizens, and the Seneca 
        Nation of Indians and its members, which Nation occupies 
        ancestral territory downstream of the Center.
            (8) The facilities and contamination at the Center are 
        located on or in Pleistocene glacial deposits that are being 
        actively eroded by nearby creeks that drain into the Great 
        Lakes basin. To maintain the long-term stability of any 
        facilities that may remain at the Center, active monitoring and 
        maintenance of erosion controls and other engineered features 
        will be required for as long as any residual radioactive and 
        hazardous waste and materials that may remain at the Center 
        present a hazard to the public.
            (9) Public participation has been an important part of the 
        work already done, and the planning now in progress, toward 
        remediation of radioactive wastes at the Center.
    (b) Purposes.--(1) It is the intent of Congress that the Federal 
Government achieve complete remediation of all radioactive, solid, and 
hazardous waste contamination at the Center in a manner that is 
protective of the Great Lakes region and its residents and is 
consistent with all applicable State and Federal laws and regulations 
regarding public health and safety.
    (2) This Act establishes exclusive Federal responsibility for the 
complete remediation of the Center.
    (3) The Secretary shall employ the best current technologies and 
develop new state-of-the-art technologies and methodologies to 
accomplish the complete remediation of the Center.
    (4) This Act recognizes the importance of State, Tribal, and public 
involvement in the development, selection, enforcement, and monitoring 
of remedial actions undertaken at the Center, to protect the health and 
safety of the citizens and environment of the Great Lakes region.
    (5) This Act shall replace and supersede the West Valley 
Demonstration Project Act.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Center'' means--
                    (A) the Western New York Nuclear Service Center in 
                West Valley, New York; and
                    (B) all land, roads, structures, including 
                buildings, fixtures, containers, and radioactive, 
                hazardous, and solid waste and nuclear material at the 
                Western New York Nuclear Service Center, including the 
                reprocessing and storage facilities, equipment, above-
                ground and underground tanks, solidified radioactive 
                waste, and radioactive and nonradioactive wastes and 
                materials in the State and Commission licensed disposal 
                areas, located within the legal boundaries of the 
                Western New York Nuclear Service Center.
            (2) The term ``Commission'' means the Nuclear Regulatory 
        Commission.
            (3) The term ``hazardous waste'' means any solid waste 
        designated as hazardous waste under 40 CFR Part 261 or as may 
        be subsequently defined as such by the Environmental Protection 
        Agency, any solid waste designated as a hazardous waste under 
        the State program authorized by the Environmental Protection 
        Agency pursuant to the Solid Waste Disposal Act, and any waste 
        material designated as a hazardous waste under any other State 
        statute or regulation.
            (4) The term ``high level radioactive waste'' means the 
        high level radioactive waste which was produced by the 
        reprocessing at the Center of spent nuclear fuel. Such term 
        includes both liquid wastes which are produced directly in 
        reprocessing, dry solid material derived from such liquid 
        waste, and any such other material the Commission designates as 
        high level radioactive waste for purposes of protecting public 
        health and safety.
            (5) The term ``License Termination Rule'' means the rule of 
        the Commission published at 62 Federal Register 39058.
            (6) The term ``low level radioactive waste'' means 
        radioactive waste not classified as high level radioactive 
        waste, spent nuclear fuel, transuranic waste, or byproduct 
        material as defined in section 11 e.(2) of the Atomic Energy 
        Act of 1954.
            (7) The term ``nuclear materials'' means any special 
        nuclear material, source material, or byproduct material as 
        defined by the Atomic Energy Act of 1954 and 10 CFR Part 40, or 
        other such material as the Commission may subsequently 
        designate as special, source, or byproduct nuclear material.
            (8) The term ``radioactive waste'' means low level 
        radioactive waste, transuranic waste, and high level 
        radioactive waste.
            (9) The term ``remediation'' means activities or processes 
        used to remove, destroy, degrade, transform, immobilize, or 
        treat radioactive, solid, or hazardous waste.
            (10) The term ``Secretary'' means the Secretary of Energy.
            (11) The term ``solid waste'' means any material that is 
        designated as solid waste under 40 CFR Part 261 or as may be 
        subsequently defined as such by the Environmental Protection 
        Agency, under the State program authorized by the Environmental 
        Protection Agency pursuant to the Solid Waste Disposal Act, or 
        under any other State statute or regulation.
            (12) The term ``State'' means the State of New York.
            (13) The term ``transuranic waste'' means material 
        contaminated with elements which have an atomic number greater 
        than 92, including neptunium, plutonium, americium, and curium, 
        and which are in concentrations greater than 10 nanocuries per 
        gram, or in such other concentrations as the Commission may 
        prescribe to protect the public health and safety.

SEC. 4. REMEDIATION OF THE CENTER.

    (a) The Secretary shall take all actions necessary to remediate the 
Center in a manner that is timely, protective of human health and the 
environment, consistent with the License Termination Rule, and 
consistent with all applicable requirements of Federal and State law, 
including closure and post-closure requirements set forth in Federal or 
State environmental laws, and the provisions of this Act. As part of 
such remediation, the Secretary shall decontaminate and decommission--
            (1) the tanks and other facilities of the Center in which 
        the high level radioactive waste solidified under the West 
        Valley Demonstration Project Act was stored;
            (2) the facilities used in the solidification of the waste; 
        and
            (3) any material and hardware used in connection with the 
        West Valley Demonstration Project.
    (b) The Secretary shall be responsible for all costs associated 
with such remediation.

SEC. 5. RADIOACTIVE WASTE DISPOSAL REQUIREMENTS.

    (a) The Secretary shall, as soon as feasible, transport the high 
level radioactive waste at the Center to an appropriate Federal 
repository for permanent disposal. Pending such transportation, the 
Secretary shall take appropriate measures to safeguard such waste and 
ensure its safe storage in a manner consistent with public health and 
safety and Commission regulations or orders.
    (b) The Secretary shall, as soon as feasible, in accordance with 
applicable law, including applicable licensing requirements, dispose of 
low level radioactive waste and transuranic waste currently located at 
the Center and such radioactive waste as may in the future be generated 
as a result of the remediation authorized by this Act.
    (c) For purposes of the Nuclear Waste Policy Act of 1982, all high 
level radioactive waste at the Center shall be considered waste 
generated by atomic energy defense activities. For purposes of the 
Waste Isolation Pilot Plant Land Withdrawal Act, any transuranic waste 
at the Center shall be considered radioactive waste generated by atomic 
energy defense activities.

SEC. 6. REGULATION BY THE COMMISSION.

    (a) Notwithstanding any other provision of law, the Commission 
shall regulate the remediation of radioactive waste and nuclear 
materials at the Center as set forth in this section. The Commission is 
authorized to promulgate such new or revised rules as it may deem 
necessary and appropriate to assume such responsibility.
    (b)(1) Not later than 2 years after the date of enactment of this 
Act, the Secretary shall develop and submit to the Commission for 
review and approval a decommissioning plan that meets the criteria set 
forth in the License Termination Rule and that addresses the 
radioactive wastes and nuclear materials at the Center.
    (2) Prior to any preliminary or final decision made by the 
Commission on the Secretary's plan, the Commission shall provide a 
reasonable opportunity for the State to review, comment on, and concur 
or not concur with the decommissioning plan submitted by the Secretary 
and any modifications to such plan.
    (3) The Secretary shall implement the decommissioning plan approved 
by the Commission.
    (c) In making its determination, the Commission shall apply the 
process and criteria set forth in the License Termination Rule. The 
Commission shall further apply the procedures provided in its 
regulations for the approval and enforcement of decommissioning plans 
to the decommissioning plan for the Center.
    (d) Upon assumption of possession by the Secretary, as provided for 
in section 9, all licenses and permits for facilities at the Center 
issued by the Commission shall be held in abeyance until the completion 
of the radiological remedial action program authorized by this Act.
    (e) Upon completion of the radiological remedial action program 
authorized by this Act, or sooner upon request of the New York State 
Energy Research and Development Authority, the Secretary shall assist 
the New York State Energy Research and Development Authority in 
applying to the Commission to terminate, for the entire Center or such 
portions of the Center as may qualify, the license issued by the 
Commission.
    (f) If, after application of the License Termination Rule to all 
portions of the Center, the entire Center is not released for 
unrestricted use, the Center, or if appropriate a portion or portions 
thereof, shall be maintained by the Secretary, or such other Federal 
agency as the President may designate. The Secretary or such other 
agency shall apply for a license or licenses from the Commission and 
the Commission shall apply such procedures and standards as the 
Commission would normally employ to issue licenses for such materials 
so as to protect the public health and safety and the environment. If 
the requirements of such a licensing process cannot be met, the 
Secretary shall conduct such additional radiological remedial action as 
shall be needed to qualify for a license.
    (g) The Secretary shall submit to the Commission safety analysis 
reports and such other information as the Commission may require to 
identify any danger to the public health and safety which may be 
presented by the remediation required under this Act or the conditions 
at the Center.
    (h) The Secretary shall afford the Commission access to the Center 
to enable the Commission to carry out the activities assigned to it 
under this Act.

SEC. 7. NEW YORK STATE INVOLVEMENT.

    (a) The Secretary shall consult with the New York State Department 
of Environmental Conservation, and any such other agency as the 
Governor of the State may designate, in carrying out this Act. Not 
later than 1 year after the date of enactment of this Act, the 
Secretary shall enter into an agreement with the State to establish 
arrangements for consultation with the State regarding remediation of 
the Center, and, if the Center is not remediated to allow unrestricted 
use, consultation on maintenance of licensed portions of the Center.
    (b) The agreement entered into under subsection (a) shall include 
provisions for--
            (1) the State's review and comment on data and draft 
        documents; and
            (2) the Secretary's response to the State's comments.
    (c) The Secretary shall provide the State access to the Center, at 
all reasonable times, for the purpose of protecting the public health 
and safety and the environment. This shall include access to collect 
samples, take measurements, and observe ongoing activities and 
conditions.

SEC. 8. ENVIRONMENTAL IMPACT STATEMENT.

    (a) Pursuant to obligations under the National Environmental Policy 
Act of 1969, the Secretary shall prepare any environmental impact 
statement for decommissioning or long-term stewardship of the Center in 
cooperation with the Commission, the Environmental Protection Agency, 
and such other Federal and State agencies as may be appropriate, and 
shall do so as a continuation of the environmental impact statement 
process commenced by notice of intent issued in 1988.
    (b) The Secretary shall issue a revised draft environmental impact 
statement within 2 years after the date of enactment of this Act.
    (c) The environmental impact statement process referred to in 
subsections (a) and (b), including records of decision by the Secretary 
and the Commission, shall be completed as soon as reasonably 
practicable.
    (d) The Secretary shall hold and undertake meetings on a quarterly 
basis at a location at or near the Center, to which members of the 
local educational, scientific, and political communities shall be 
invited, so that the Secretary can advise such participants of the 
status of the environmental impact statement process, including current 
results, and in order to receive public comment.
    (e) The Secretary shall make available to any member of the public, 
at a public reading room at the Center, for inspection, upon reasonable 
notice, at reasonable hours and without payment of a fee or charge, 
those documents related to the preparation of the environmental impact 
statement referred to in this section, including background information 
subject to disclosure under section 552 of title 5, United States Code 
(popularly known as the Freedom of Information Act), that are requested 
in writing by such member of the public. Copies of any such documents 
shall be provided by the Secretary upon the payment of the charges 
provided for under such section 552.

SEC. 9. ASSUMPTION OF POSSESSION AND TRANSFER OF TITLE.

    (a) Not later than 30 days after execution of the Cooperative 
Agreement provided for in section 10, the Secretary shall assume 
exclusive use and possession of the entire Center.
    (b) Upon completion of all remediation required under this Act, or 
20 years after the date of enactment of this Act, whichever comes 
sooner, the Secretary shall take title to any land or facilities at the 
Center that have not been approved by the Commission for release for 
unrestricted use, and title to all radioactive and nonradioactive 
wastes and materials located at any such portions of the Center in 
accordance with all applicable Federal and State laws and requirements.
    (c) So long as the Secretary remains in possession or holds title 
to the Center, or any portion thereof, neither the Secretary nor any 
other person or entity, including any governmental entity, shall 
transport or allow the transport of any solid, hazardous, or 
radioactive waste to the Center for the purpose of storing, treating, 
or disposing of such waste at the Center.

SEC. 10. COOPERATIVE AGREEMENT.

    Not later than 60 days after the date of enactment of this Act, the 
Secretary shall enter into a Cooperative Agreement with the New York 
State Energy Research and Development Authority, or such other agency 
as the Governor of the State shall designate, which shall contain the 
following:
            (1) Such provisions as may be necessary to effectuate the 
        possession and transfer of title provisions contained in 
        section 9 and to facilitate the release and transfer to third 
        parties of uncontaminated portions of the Center, as 
        appropriate.
            (2) Provisions for the Secretary to assist the New York 
        State Energy Research and Development Authority, or such other 
        agency as the Governor of the State may designate, in making 
        such permit or license applications as may be necessary to 
        carry out this Act.
            (3) Sharing with the New York State Energy Research and 
        Development Authority, or such other agency as the Governor of 
        the State shall designate, of information and plans relevant to 
        the remediation of the Center by the Secretary and to license 
        or permit applications as may be necessary to carry out this 
        Act.
            (4) Indemnification of the State, and any relevant 
        instrumentality of the State that may hold title to the Center, 
        by the Secretary against any claims, damages, losses, and 
        expenses (including reasonable attorney's and expert witness' 
        fees) or liabilities, arising out of or resulting from the 
        performance by the Secretary or the Secretary's agents or 
        contractors of (or failure to perform) the Secretary's 
        obligations under this Act.

SEC. 11. REPEAL OF THE WEST VALLEY DEMONSTRATION PROJECT ACT.

    Upon assumption of exclusive use and possession of the entire 
Center by the Secretary, as provided for in section 9, the West Valley 
Demonstration Project Act is repealed.

SEC. 12. APPROPRIATIONS.

    (a) To implement the requirements of this Act, there are authorized 
to be appropriated to the Secretary $95,000,000 for each fiscal year 
until the remediation of the Center required by section 4 is completed. 
After the remediation of the Center is completed, there are authorized 
to be appropriated for each fiscal year thereafter such sums as are 
necessary for the Secretary to carry out the activities required under 
this Act and any licenses or permits concerning the Center issued to 
the Secretary under Federal or State law.
    (b) There are authorized to be appropriated to the Secretary an 
additional amount of 5 percent of the amount appropriated under 
subsection (a) for each fiscal year, to be paid to the West Valley 
Central School District, in the month of September, and the Town of 
Ashford, West Valley Fire District No. 1, and Cattaraugus County, in 
the month of January, in such proportions as such entities would 
normally receive in taxes. After the remediation of the Center is 
completed and until such time as all Center property is released for 
unrestricted use, there are authorized to be appropriated to the 
Secretary an additional amount of $3,000,000 for each fiscal year, to 
be paid to the local entities set forth above in the same proportions. 
This payment is to offset the hardship suffered by the community as a 
result of the use of the Center property for the management of 
radioactive waste generated by the Federal Government.
    (c) The authority of the Secretary to enter into contracts under 
this Act shall be effective for any fiscal year only to such extent or 
in such amounts as are provided in advance by appropriation acts.

SEC. 13. NO EFFECT ON OTHER AUTHORITIES.

    (a) This Act in no way preempts or otherwise limits the force or 
scope of any otherwise applicable Federal or State laws, regulations, 
or treaties, unless specifically so provided in this Act.
    (b) This Act shall not supersede or repeal the Stipulation of 
Compromise Settlement entered into by the United States and the 
Department of Energy on May 27, 1987, in the matter captioned Coalition 
on West Valley Nuclear Wastes v. Department of Energy in the Western 
District of New York, Civil Case No. 86-1052-C, and this Act shall not 
diminish or alter the terms of that Stipulation.
    (c) Nothing in this Act shall affect in any way the Secretary's 
obligations to comply with the Department of Energy American Indian and 
Alaska Native Tribal Government Policy, and Executive Order 13175 on 
Consultation and Coordination with Indian Tribal Governments, or any 
other policy or order that ensures effective implementation of a 
government to government relationship between the Unites States and 
tribal governments, including fulfillment of trust obligations and 
equal protection measures arising from Department of Energy actions 
which may potentially impact American Indian traditional, cultural, and 
religious values and practices, natural resources, and treaty and other 
federally-recognized and reserved rights.
                                 <all>