[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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