[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2457 Introduced in Senate (IS)]
2d Session
S. 2457
Entitled ``Nuclear Waste Cleanup Act''.
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IN THE SENATE OF THE UNITED STATES
May 20, 2004
Ms. Cantwell introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
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A BILL
Entitled ``Nuclear Waste Cleanup Act''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFENSE SITE ACCELERATION COMPLETION.
(a) In General.--Notwithstanding any other provision of law, with
respect to material stored at a Department of Energy site at which
activities are regulated by the State pursuant to approved closure
plans or permits issued by the State, high-level radioactive waste does
not include radioactive material resulting from the reprocessing of
spent nuclear fuel that the Secretary of Energy determines--
(1) does not require permanent isolation in a deep geologic
repository for spent fuel or highly radioactive waste pursuant
to criteria promulgated by the Department of Energy by rule in
consultation with the Nuclear Regulatory Commission;
(2) has had highly radioactive radionuclides removed to the
maximum extent practical in accordance with the Nuclear
Regulatory Commission-reviewed criteria; and
(3) in the case of material derived from the storage tanks,
is disposed of in a facility (including a tank) within the
State pursuant to a State-approved closure plan or a State-
issued permit, authority for the approval or issuance of which
is conferred on the State outside of this Act.
(b) Inapplicability to Certain Materials.--Subsection (a) shall not
apply to any material otherwise covered by that subsection that is
transported from the State.
(c) Scope of Authority To Carry Out Actions.--The Department of
Energy may implement any action authorized--
(1) by a State-approved closure plan or State-issued permit
in existence on the date of enactment of this section; or
(2) by a closure plan approved by the State or a permit
issued by the State during the pendency of the rulemaking
provided for in subsection (a).
Any such action may be completed pursuant to the terms of the closure
plan or the State-issued permit notwithstanding the final criteria
adopted by the rulemaking pursuant to subsection (a).
(d) State Defined.--In this section, the term ``State'' means the
State of South Carolina.
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