Home > 105th Congressional Bills > H.R. 1270 (rh) To amend the Nuclear Waste Policy Act of 1982. ...H.R. 1270 (rh) To amend the Nuclear Waste Policy Act of 1982. ...
``(3) to take those actions necessary to ensure that the
consumers of nuclear energy, who are funding the Secretary's
activities under this Act, receive the services to which they
are entitled and realize the benefits of enhanced protection of
public health and safety, and the environment, that will ensue
from the Secretary's compliance with the obligations imposed by
this Act; and
``(4) to provide a schedule and process for the expeditious
and safe development and commencement of operation of an
integrated management system and any necessary modifications to
the transportation infrastructure to ensure that the Secretary
can commence acceptance of spent nuclear fuel and high-level
radioactive waste no later than January 31, 2002.
``TITLE I--OBLIGATIONS
``SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
``(a) Disposal.--The Secretary shall develop and operate a
repository for the permanent geologic disposal of spent nuclear fuel
and high-level radioactive waste.
``(b) Acceptance.--The Secretary shall accept spent nuclear fuel
and high-level radioactive waste for storage at the interim storage
facility pursuant to section 204 in accordance with the acceptance
schedule, beginning not later than January 31, 2002.
``(c) Transportation.--The Secretary shall provide for the
transportation of spent nuclear fuel and high-level radioactive waste
accepted by the Secretary.
``(d) Integrated Management System.--The Secretary shall
expeditiously pursue the development of each component of the
integrated management system, and in so doing shall seek to utilize
effective private sector management and contracting practices.
``TITLE II--INTEGRATED MANAGEMENT SYSTEM
``SEC. 201. INTERMODAL TRANSFER.
``(a) Transportation.--The Secretary shall utilize heavy-haul truck
transport to move spent nuclear fuel and high-level radioactive waste
from the mainline rail line at Caliente, Nevada, to the interim storage
facility site. If direct rail access becomes available to the interim
storage facility site, the Secretary may use rail transportation to
meet the requirements of this title.
``(b) Capability Date.--The Secretary shall develop the capability
to commence rail to truck intermodal transfer at Caliente, Nevada, no
later than January 31, 2002.
``(c) Acquisitions.--The Secretary shall acquire lands and rights-
of-way necessary to commence intermodal transfer at Caliente, Nevada.
``(d) Replacements.--The Secretary shall acquire and develop on
behalf of, and dedicate to, the City of Caliente, Nevada, parcels of
land and rights-of-way as required to facilitate replacement of land
and city wastewater disposal activities necessary to commence
intermodal transfer pursuant to this Act. Replacement of land and city
wastewater disposal activities shall occur no later than January 31,
2002.
``(e) Notice and Map.--Within 6 months of the date of enactment of
this Act, the Secretary shall--
``(1) publish in the Federal Register a notice containing a
legal description of the sites and rights-of-way to be acquired
under this section; and
``(2) file copies of a map of such sites and rights-of-way
with the Congress, the Secretary of the Interior, the State of
Nevada, the Archivist of the United States, the Board of
Lincoln County Commissioners, the Board of Nye County
Commissioners, and the Caliente City Council.
Such map and legal description shall have the same force and effect as
if they were included in this Act. The Secretary may correct clerical
and typographical errors in legal descriptions and make minor
adjustments in the boundaries.
``(f) Improvements.--The Secretary shall make improvements to
existing roadways selected for heavy-haul truck transport between
Caliente, Nevada, and the interim storage facility site as necessary to
facilitate year-round safe transport of spent nuclear fuel and high-
level radioactive waste.
``(g) Heavy-Haul Transportation Route.--
``(1) Designation of route.--The route for the heavy-haul
truck transport of spent nuclear fuel and high-level
radioactive waste shall be as designated in the map dated July
21, 1997 (referred to as `Heavy-Haul Route') and on file with
the Secretary.
``(2) Truck transportation.--The Secretary, in consultation
with the State of Nevada and appropriate counties and local
jurisdictions, shall establish reasonable terms and conditions
pursuant to which the Secretary may utilize heavy-haul truck
transport to move spent nuclear fuel and high-level radioactive
waste from Caliente, Nevada, to the interim storage facility
site.
``(3) Improvements and maintenance.--Notwithstanding any
other law--
``(A) the Secretary shall be responsible for any
incremental costs related to improving or upgrading
Federal, State, and local roads within the heavy-haul
transportation route utilized, and performing any
maintenance activities on such roads, as necessary, to
facilitate year-round safe transport of spent nuclear
fuel and high-level radioactive waste; and
``(B) any such improvement, upgrading, or
maintenance activity shall be funded solely by
appropriations made pursuant to sections 401 and 403 of
this Act.
``(h) Local Government Involvement.--The Commission shall enter
into a Memorandum of Understanding with the City of Caliente and
Lincoln County, Nevada, to provide advice to the Commission regarding
intermodal transfer and to facilitate on-site representation.
Reasonable expenses of such representation shall be paid by the
Secretary.
``SEC. 202. TRANSPORTATION PLANNING.
``(a) Transportation Readiness.--The Secretary shall take those
actions that are necessary and appropriate to ensure that the Secretary
is able to accept and transport spent nuclear fuel and high-level
radioactive waste beginning not later than January 31, 2002. As soon as
is practicable following the enactment of this Act, the Secretary shall
analyze each specific reactor facility in the order of priority
established in the acceptance schedule, and develop a logistical plan
to assure the Secretary's ability to transport spent nuclear fuel and
high-level radioactive waste, using routes that minimize, to the
maximum practicable extent and consistent with Federal requirements
governing transportation of hazardous materials, transportation of
spent nuclear fuel and high-level radioactive waste through populated
areas.
``(b) Transportation Planning.--
(1) In general.--In conjunction with the development of the
logistical plan in accordance with subsection (a), the
Secretary shall update and modify, as necessary, the
Secretary's transportation institutional plans to ensure that
institutional issues are addressed and resolved on a schedule
to support the commencement of transportation of spent nuclear
fuel and high-level radioactive waste to the interim storage
facility no later than January 31, 2002. Among other things,
such planning shall provide a schedule and process for
addressing and implementing, as necessary, transportation
routing plans, transportation contracting plans, transportation
training in accordance with section 203, and transportation
tracking programs.
``(2) Rail routes.--Not later than one year after the date
of the enactment of this Act, the Secretary of Transportation
shall establish procedures for the selection of preferred rail
routes for the transportation of spent nuclear fuel and high-
level radioactive waste to the interim storage site and the
repository site. Such procedures shall be established in
consultation with the designated emergency services planning
management official for any State or Indian tribe affected by
the rail routes selected.
``SEC. 203. TRANSPORTATION REQUIREMENTS.
``(a) Package Certification.--No spent nuclear fuel or high-level
radioactive waste may be transported by or for the Secretary under this
Act except in packages that have been certified for such purposes by
the Commission.
``(b) State Notification.--The Secretary shall abide by regulations
of the Commission regarding advance notification of State and local
governments prior to transportation of spent nuclear fuel or high-level
radioactive waste under this Act.
``(c) Technical Assistance.--
``(1) In general.--The Secretary shall provide technical
assistance and funds to States, affected units of local
government, and Indian tribes through whose jurisdiction the
Secretary plans to transport substantial amounts of spent
nuclear fuel or high-level radioactive waste for training for
public safety officials of appropriate units of local
government. Training shall cover procedures required for safe
routine transportation of these materials, as well as
procedures for dealing with emergency response situations. The
Secretary's duty to provide technical and financial assistance
under this subsection shall be limited to amounts specified in
annual appropriations.
``(2) Employee organizations.--
``(A) In general.--The Secretary shall provide
technical assistance and funds for training directly to
nonprofit employee organizations, voluntary emergency
response organization, and joint labor-management
organizations that demonstrate experience in
implementing and operating worker health and safety
training and education programs and demonstrate the
ability to reach and involve in training programs
target populations of workers who are or will be
directly engaged in the transportation of spent nuclear
fuel and high-level radioactive waste or emergency
response or post-emergency response with respect to
such transportation.
``(B) Training.--Training under this paragraph--
``(i) shall cover procedures required for
safe routine transportation of materials and
procedures for dealing with emergency response
situations;
``(ii) shall be consistent with any
training standards established by the Secretary
of Transportation; and
``(iii) shall include--
``(I) a training program applicable
to persons responsible for responding
to emergency situations occurring
during the removal and transportation
of spent nuclear fuel and high-level
radioactive waste;
``(II) instruction of public safety
officers in procedures for the command
and control of the response to any
incident involving the waste; and
``(III) instruction of radiological
protection and emergency medical
personnel in procedures for responding
to an incident involving spent nuclear
fuel or high-level radioactive waste
being transported.
``(3) Grants.--To implement this subsection, grants shall
be made under section 401(c).
``(4) Minimizing duplication of effort and expenses.--The
Secretaries of Transportation, Labor, and Energy, Directors of
the Federal Emergency Management Agency and National Institute
of Environmental Health Sciences, the Nuclear Regulatory
Commission, and Administrator of the Environmental Protection
Agency shall review periodically, with the head of each
department, agency, or instrumentality of the Government, all
emergency response and preparedness training programs of that
department, agency, or instrumentality to minimize duplication
of effort and expense of the department, agency, or
instrumentality in carrying out the programs and shall take
necessary action to minimize duplication.
``(d) Use of Private Carriers.--The Secretary, in providing for the
transportation of spent nuclear fuel and high-level radioactive waste
under this Act, shall by contract use private industry to the fullest
extent possible in each aspect of such transportation. The Secretary
shall use direct Federal services for such transportation only upon a
determination by the Secretary of Transportation, in consultation with
the Secretary, that private industry is unable or unwilling to provide
such transportation services at a reasonable cost.
``(e) Transfer of Title.--Acceptance by the Secretary of any spent
nuclear fuel or high-level radioactive waste shall constitute a
transfer of title to the Secretary.
``(f) Employee Protection.--Any person engaged in the interstate
commerce of spent nuclear fuel or high-level radioactive waste under
contract to the Secretary pursuant to this Act shall be subject to and
comply fully with the employee protection provisions of section 20109
of title 49, United States Code (in the case of employees of railroad
carriers), and section 31105 of title 49, United States Code (in the
case of employees operating commercial motor vehicles), or the
Commission (in the case of all other employees).
``(g) Training Standard.--
``(1) Regulation.--No later than 12 months after the date
of enactment of this Act, the Secretary of Transportation,
pursuant to authority under other provisions of law, in
consultation with the Secretary of Labor and the Commission,
shall promulgate a regulation establishing training standards
applicable to workers directly involved in the removal and
transportation of spent nuclear fuel and high-level radioactive
waste. The regulation shall specify minimum training standards
applicable to workers, including managerial personnel. The
regulation shall require that the employer possess evidence of
satisfaction of the applicable training standard before any
individual may be employed in the removal and transportation of
spent nuclear fuel and high-level radioactive waste.
``(2) Secretary of transportation.--If the Secretary of
Transportation determines, in promulgating the regulation
required by paragraph (1), that existing Federal regulations
establish adequate training standards for workers, then the
Secretary of Transportation can refrain from promulgating
additional regulations with respect to worker training in such
activities. The Secretary of Transportation and the Commission
shall use their Memorandum of Understanding to ensure
coordination of worker training standards and to avoid
duplicative regulation.
``(3) Training standards content.--If training standards
are required to be promulgated under paragraph (1), such
standards shall, among other things deemed necessary and
appropriate by the Secretary of Transportation, provide for--
``(A) a specified minimum number of hours of
initial off site instruction and actual field
experience under the direct supervision of a trained,
experienced supervisor;
``(B) a requirement that onsite managerial
personnel receive the same training as workers, and a
minimum number of additional hours of specialized
training pertinent to their managerial
responsibilities; and
``(C) a training program applicable to persons
responsible for responding to and cleaning up emergency
situations occurring during the removal and
transportation of spent nuclear fuel and high-level
radioactive waste.
The Secretary of Transportation may specify an appropriate
combination of knowledge, skills, and prior training to fulfill
the minimum number of hours requirements of subparagraphs (A)
and (B).
``(4) Emergency responder training standards.--The training
standards for persons responsible for responding to emergency
situations occurring during the removal and transportation of
spent nuclear fuel and high-level radioactive waste shall, in
accordance with existing regulations, ensure their ability to
protect nearby persons, property, or the environment from the
effects of accidents involving spent nuclear fuel and high-
level radioactive waste.
``(5) Authorization.--There is authorized to be
appropriated to the Secretary of Transportation, from general
revenues, such sums as may be necessary to perform his duties
under this subsection.
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