42 U.S.C. § 10141

Certain standards and criteria

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(a) Environmental Protection Agency standards

Not later than 1 year after January 7, 1983, the Administrator, pursuant to authority under other provisions of law, shall, by rule, promulgate generally applicable standards for protection of the general environment from offsite releases from radioactive material in repositories.

(b) Commission requirements and criteria(1)(A) Not later than January 1, 1984, the Commission, pursuant to authority under other provisions of law, shall, by rule, promulgate technical requirements and criteria that it will apply, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), in approving or disapproving—(i) applications for authorization to construct repositories;(ii) applications for licenses to receive and possess spent nuclear fuel and high-level radioactive waste in such repositories; and(iii) applications for authorization for closure and decommissioning of such repositories.(B) Such criteria shall provide for the use of a system of multiple barriers in the design of the repository and shall include such restrictions on the retrievability of the solidified high-level radioactive waste and spent fuel emplaced in the repository as the Commission deems appropriate.(C) Such requirements and criteria shall not be inconsistent with any comparable standards promulgated by the Administrator under subsection (a).(2) For purposes of this chapter, nothing in this section shall be construed to prohibit the Commission from promulgating requirements and criteria under paragraph (1) before the Administrator promulgates standards under subsection (a). If the Administrator promulgates standards under subsection (a) after requirements and criteria are promulgated by the Commission under paragraph (1), such requirements and criteria shall be revised by the Commission if necessary to comply with paragraph (1)(C).(c) Environmental impact statement

The promulgation of standards or criteria in accordance with the provisions of this section shall not require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any environmental review under subparagraph (E) or (F) of section 102(2) of such Act.

(Pub. L. 97–425, title I, § 121, Jan. 7, 1983, 96 Stat. 2228.)Editorial NotesReferences in Text

The Atomic Energy Act of 1954, referred to in subsec. (b)(1)(A), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

The Energy Reorganization Act of 1974, referred to in subsec. (b)(1)(A), is Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, which is classified principally to chapter 73 (§ 5801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.

Statutory Notes and Related SubsidiariesNuclear Waste Storage and Disposal at Yucca Mountain Site

Pub. L. 102–486, title VIII, § 801, Oct. 24, 1992, 106 Stat. 2921, provided that:“(a)Environmental Protection Agency Standards.—“(1)Promulgation.—Notwithstanding the provisions of section 121(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(a)), section 161 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(b)), and any other authority of the Administrator of the Environmental Protection Agency to set generally applicable standards for the Yucca Mountain site, the Administrator shall, based upon and consistent with the findings and recommendations of the National Academy of Sciences, promulgate, by rule, public health and safety standards for protection of the public from releases from radioactive materials stored or disposed of in the repository at the Yucca Mountain site. Such standards shall prescribe the maximum annual effective dose equivalent to individual members of the public from releases to the accessible environment from radioactive materials stored or disposed of in the repository. The standards shall be promulgated not later than 1 year after the Administrator receives the findings and recommendations of the National Academy of Sciences under paragraph (2) and shall be the only such standards applicable to the Yucca Mountain site.“(2)Study by national academy of sciences.—Within 90 days after the date of the enactment of this Act [Oct. 24, 1992], the Administrator shall contract with the National Academy of Sciences to conduct a study to provide, by not later than December 31, 1993, findings and recommendations on reasonable standards for protection of the public health and safety, including—“(A) whether a health-based standard based upon doses to individual members of the public from releases to the accessible environment (as that term is defined in the regulations contained in subpart B of part 191 of title 40, Code of Federal Regulations, as in effect on November 18, 1985) will provide a reasonable standard for protection of the health and safety of the general public;“(B) whether it is reasonable to assume that a system for post-closure oversight of the repository can be developed, based upon active institutional controls, that will prevent an unreasonable risk of breaching the repository’s engineered or geologic barriers or increasing the exposure of individual members of the public to radiation beyond allowable limits; and“(C) whether it is possible to make scientifically supportable predictions of the probability that the repository’s engineered or geologic barriers will be breached as a result of human intrusion over a period of 10,000 years.“(3)Applicability.—The provisions of this section shall apply to the Yucca Mountain site, rather than any other authority of the Administrator to set generally applicable standards for radiation protection.“(b)Nuclear Regulatory Commission Requirements and Criteria.—“(1)Modifications.—Not later than 1 year after the Administrator promulgates standards under subsection (a), the Nuclear Regulatory Commission shall, by rule, modify its technical requirements and criteria under section 121(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(b)), as necessary, to be consistent with the Administrator’s standards promulgated under subsection (a).“(2)Required assumptions.—The Commission’s requirements and criteria shall assume, to the extent consistent with the findings and recommendations of the National Academy of Sciences, that, following repository closure, the inclusion of engineered barriers and the Secretary’s post-closure oversight of the Yucca Mountain site, in accordance with subsection (c), shall be sufficient to—“(A) prevent any activity at the site that poses an unreasonable risk of breaching the repository’s engineered or geologic barriers; and“(B) prevent any increase in the exposure of individual members of the public to radiation beyond allowable limits.“(c)Post-Closure Oversight.—Following repository closure, the Secretary of Energy shall continue to oversee the Yucca Mountain site to prevent any activity at the site that poses an unreasonable risk of—“(1) breaching the repository’s engineered or geologic barriers; or“(2) increasing the exposure of individual members of the public to radiation beyond allowable limits.”

Notes of Decisions

Cited in 8 cases, 1987–2008 · leading case: Nuclear Energy Inst., Inc. v. Env't Prot. Agency, 373 F.3d 1251 (D.C. Cir. 2004).

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Nuclear Energy Inst., Inc. v. Env't Prot. Agency, 373 F.3d 1251 (D.C. Cir. 2004). · cites it 10× “2776 , 2921-23 (1992) (codified at 42 U.S.C. § 10141 note (2000)).. At about the same time, Congress exempted the Yucca Mountain site from EPA’s part 191 generally applicable environmental regulations.”

Winter v. Nat. Resources Def. Council, Inc., 555 U.S. 7 (2008). · cites it 2× “1654A-57 (exempting the military from preparing a programmatic EIS for low-level flight training); 42 U. S. C. §10141 (c) (exempting the Environmental Protection Agency from preparing an EIS for the development of criteria for handling spent nuclear fuel and high-level…”

Nat. Resources Def. Council, Inc. v. United States Env't Prot. Agency, 824 F.2d 1258 (1st Cir. 1987). · cites it 8× “See 42 U.S.C. § 10141 (b). The EPA also has a major regulatory role.”

W. Shoshone Nat'l Council v. United States, 408 F. Supp. 2d 1040 (D. Nev. 2005). “42 U.S.C. § 10141 (b). Additionally, DOE recently issued a Record of Decision adopting a primarily rail option for transporting nuclear waste to Yucca Mountain should it be approved as a repository.”

Nevada v. Watkins, 939 F.2d 710 (9th Cir. 1991). · cites it 2× “In addition to the guidelines to be promulgated by the Secretary, the NWPA also required the Environmental Protection Agency (“EPA”) Administrator to “promulgate [by rule] generally applicable standards for protection of the general environment from offsite releases from…”

Commonwealth Edison Co. v. United States Dep't of Energy & United States of Am., 877 F.2d 1042 (D.C. Cir. 1989). “No alternative means of permanent disposal is currently planned; if a private repository were constructed, it would be subject to stringent regulation by both the Environmental Protection Agency (“EPA”) and the NRC, see 42 U.S.C. § 10141 . For example, the repository would have…”

State v. Watkins, 969 F.2d 1122 (D.C. Cir. 1992). “See 42 U.S.C. § 10141 (a); 40 *126 C.F.R. § 191.”

Nuc Engy Inst Inc v. EPA (D.C. Cir. 2004). · cites it 10× “2776 , 2921-23 (1992) (codified at 42 U.S.C. § 10141 note (2000)). At about the same time, Congress exempted the Yucca Mountain site from EPA’s part 191 generally applicable environmental regulations.”

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