1.Definitions from Nuclear
Waste Policy Act of 1982In
this Act, the terms Commission, disposal,
high-level radioactive waste, repository,
Secretary, State, spent nuclear fuel,
and Yucca Mountain site have the meanings given those terms in
section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
2.Application procedures
and infrastructure activities
(a)Section 114(b) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10134(b)) is amended—
(1)by striking If the President
and inserting the following:
(1)If the
President
;
and
(2)by adding at the end the following
(2)An application
for construction authorization shall not be required to contain information
relating to any surface facility other than surface facilities necessary for
initial operation of the
repository.
.
(b)Application
procedures and infrastructure activitiesSection 114(d) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10134(d)) is amended—
(1)in the first sentence, by striking
The Commission shall consider
and inserting the
following:
(1)The Commission shall
consider
;
(2)by striking the last 2 sentences;
and
(3)by inserting after paragraph (1) (as
designated by paragraph (1)) the following:
(2)Amendments to
application for construction authorization
(A)If the Commission
approves an application for construction authorization and the Secretary
submits an application to amend the authorization to obtain permission to
receive and possess spent nuclear fuel and high-level radioactive waste, or to
undertake any other action concerning the repository, the Commission shall
consider the application using expedited, informal procedures, including
discovery procedures that minimize the burden on the parties to produce
documents that the Commission does not need to render a decision on an action
under this section.
(B)The Commission shall
issue a final decision on whether to grant permission to receive and possess
spent nuclear fuel and high-level radioactive waste, or on any other
application, by the date that is 1 year after the date of submission of the
application, except that the Commission may extend that deadline by not more
than 180 days if, not less than 30 days before the deadline, the Commission
complies with the reporting requirements under subsection (e)(2).
(3)Infrastructure
activities
(A)At any time before or
after the Commission issues a final decision on an application from the
Secretary for construction authorization under this subsection, the Secretary
may undertake infrastructure activities that the Secretary determines to be
necessary or appropriate to support construction or operation of a repository
at the Yucca Mountain site or transportation to the Yucca Mountain site of
spent nuclear fuel and high level radioactive waste, including infrastructure
activities such as—
(i)safety upgrades;
(ii)site preparation;
(iii)the construction of a rail line to connect
the Yucca Mountain site with the national rail network, including any
facilities to facilitate rail operations; and
(iv)construction, upgrade, acquisition, or
operation of electrical grids or facilities, other utilities, communication
facilities, access roads, rail lines, and non-nuclear support
facilities.
(B)
(i)The Secretary shall
comply with all applicable requirements under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an infrastructure activity
undertaken under this paragraph.
(ii)If the Secretary determines that an
environmental impact statement or similar analysis under the National
Environmental Policy Act of 1969 is required in connection with an
infrastructure activity undertaken under this paragraph, the Secretary shall
not be required to consider the need for the action, alternative actions, or a
no-action alternative.
(iii)
(I)To the extent that a
Federal agency is required to consider the potential environmental impact of an
infrastructure activity undertaken under this paragraph, the Federal agency
shall adopt, to the maximum extent practicable, an environmental impact
statement or similar analysis prepared under this paragraph without further
action.
(II)Effect of
adoption of statementAdoption of an environmental impact
statement or similar analysis described in subclause (I) shall be considered to
satisfy the responsibilities of the adopting agency under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and no further
action for the activity covered by the statement or analysis shall be required
by the agency.
(C)The Commission
may not deny construction authorization, permission to receive and possess
spent nuclear fuel or high-level radioactive waste, or any other action
concerning the repository on the ground that the Secretary undertook an
infrastructure activity under this
paragraph.
.
(c)Section 114(f)(6) of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(f)(6)) is amended—
(1)by striking or
; and
(2)by inserting before the period at the end
the following: , or an action connected or otherwise relating to the
repository, to the extent the action is undertaken outside the geologic
repository operations area and does not require a license from the
Commission
.
(d)Section 120 of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10140) is amended—
(1)in subsection (a)(1)—
(A)in the first sentence, by inserting
, or the conduct of an infrastructure activity,
after
repository
;
(B)by inserting , State, local, or
tribal
after Federal
each place it appears; and
(C)in the second sentence, by striking
repositories
and inserting a repository or infrastructure
activity
;
(2)in subsection (b), by striking , and
may include terms and conditions permitted by law
; and
(3)by adding at the end the following:
(c)Failure to
grant authorizationAn agency
or officer that fails to grant authorization by the date that is 1 year after
the date of receipt of an application or request from the Secretary subject to
subsection (a) shall submit to Congress a written report that explains the
reason for not meeting that deadline or rejecting the application or
request.
(d)For the purpose of
applying any Federal, State, local, or tribal law or requirement, the taking of
an action relating to a repository or an infrastructure activity shall be
considered to be—
(1)beneficial, and not detrimental, to the
public interest and interstate commerce; and
(2)consistent with the public convenience and
necessity.
.
3.
(a)Notwithstanding
any other provision of law, no Federal, State, interstate, or local
requirement, either substantive or procedural, that is referred to in section
6001(a) of the Solid Waste Disposal Act (42 U.S.C. 6961(a)), applies to—
(1)any material owned by the Secretary, if the
material is transported or stored in a package, cask, or other container that
the Commission has certified for transportation or storage of that type of
material; or
(2)any material located at the Yucca Mountain
site for disposal, if the management and disposal of the material is subject to
a license issued by the Commission.
(b)
(1)The Environmental
Protection Agency shall be the permitting agency for purposes of issuing,
administering, or enforcing any new or existing air quality permit or
requirement applicable to a Federal facility that is subject to the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.).
(2)A State or unit of
local government shall not issue, administer, or enforce a new or existing air
quality permit or requirement affecting a Federal facility or activity that is
subject to the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et
seq.).
4.Confidence in
availability of waste disposalNotwithstanding any other provision of law,
in deciding whether to permit the construction or operation of a nuclear
reactor or any related facilities, the Commission shall deem, without further
consideration, that sufficient capacity will be available in a timely manner to
dispose of the spent nuclear fuel and high-level radioactive waste resulting
from the operation of the reactor and related facilities.