50 USC 2585 - Accelerated schedule for defense environmental cleanup activities

Collapse to view only § 2585. Accelerated schedule for defense environmental cleanup activities

§ 2581. Defense Environmental Cleanup Account
§ 2582. Requirement to develop future use plans for defense environmental cleanup
§ 2582a. Future-years defense environmental cleanup plan
§ 2583. Repealed.
§ 2584. Repealed.
§ 2585. Accelerated schedule for defense environmental cleanup activities
§ 2586. Defense environmental cleanup technology program
§ 2586a. Other programs relating to technology development
§ 2587. Report on defense environmental cleanup expenditures
§ 2588. Public participation in planning for defense environmental cleanup
§ 2589. Policy of Department of Energy regarding future defense environmental management matters
§ 2590. Estimation of costs of meeting defense environmental cleanup milestones required by consent orders
§ 2591. Public statement of environmental liabilities

§ 2581. Defense Environmental Cleanup Account

(a) Establishment

(b) Amounts in Account

(Pub. L. 107–314, div. D, title XLIV, § 4401, formerly Pub. L. 102–190, div. C, title XXXI, § 3134, Dec. 5, 1991, 105 Stat. 1575; renumbered Pub. L. 107–314, div. D, title XLIV, § 4401, by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(2), Nov. 24, 2003, 117 Stat. 1764; Pub. L. 113–66, div. C, title XXXI, § 3146(e)(1), Dec. 26, 2013, 127 Stat. 1075.)

§ 2582. Requirement to develop future use plans for defense environmental cleanup

(a) Authority to develop future use plans

(b) Requirement to develop future use plans

The Secretary shall develop a future use plan for each of the following defense nuclear facilities:

(1) Hanford Site, Richland, Washington.

(2) Savannah River Site, Aiken, South Carolina.

(3) Idaho National Engineering Laboratory, Idaho.

(1) At each defense nuclear facility for which the Secretary of Energy intends or is required to develop a future use plan under this section and for which no citizen advisory board has been established, the Secretary shall establish a citizen advisory board.

(2) The Secretary may authorize the manager of a defense nuclear facility for which a future use plan is developed under this section (or, if there is no such manager, an appropriate official of the Department of Energy designated by the Secretary) to pay routine administrative expenses of a citizen advisory board established for that facility. Such payments shall be made from funds available to the Secretary for defense environmental cleanup activities necessary for national security programs.

(d) Requirement to consult with citizen advisory board

(e) 50-year planning period

(f) Report

(g) Savings provisions

(1) Nothing in this section, or in a future use plan developed under this section with respect to a defense nuclear facility, shall be construed as requiring any modification to a future use plan with respect to a defense nuclear facility that was developed before September 23, 1996.

(2) Nothing in this section may be construed to affect statutory requirements for a defense environmental cleanup activity or project or to modify or otherwise affect applicable statutory or regulatory defense environmental cleanup requirements, including substantive standards intended to protect public health and the environment, nor shall anything in this section be construed to preempt or impair any local land use planning or zoning authority or State authority.

(Pub. L. 107–314, div. D, title XLIV, § 4402, formerly Pub. L. 104–201, div. C, title XXXI, § 3153, Sept. 23, 1996, 110 Stat. 2839; renumbered Pub. L. 107–314, div. D, title XLIV, § 4402, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(3), Nov. 24, 2003, 117 Stat. 1764; Pub. L. 113–66, div. C, title XXXI, § 3146(e)(2), Dec. 26, 2013, 127 Stat. 1076.)

§ 2582a. Future-years defense environmental cleanup plan

(a) In generalThe Secretary of Energy shall submit to Congress each year, at or about the same time that the President’s budget is submitted to Congress for a fiscal year under section 1105(a) of title 31, a future-years defense environmental cleanup plan that—

(1) reflects the estimated expenditures and proposed appropriations included in that budget for the Department of Energy for defense environmental cleanup; and

(2) covers a period that includes the fiscal year for which that budget is submitted and not less than the four succeeding fiscal years.

(b) ElementsEach future-years defense environmental cleanup plan required by subsection (a) shall contain the following:

(1) A detailed description of the projects and activities relating to defense environmental cleanup to be carried out during the period covered by the plan at the sites specified in subsection (c) and with respect to the activities specified in subsection (d).

(2) A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support such projects and activities.

(3) With respect to each site specified in subsection (c), the following:

(A) A statement of each milestone included in an enforceable agreement governing cleanup and waste remediation for that site for each fiscal year covered by the plan.

(B) For each such milestone, a statement with respect to whether each such milestone will be met in each such fiscal year.

(C) For any milestone that will not be met, an explanation of why the milestone will not be met and the date by which the milestone is expected to be met.

(D) For any milestone that has been missed, renegotiated, or postponed, a statement of the current milestone, the original milestone, and any interim milestones.

(1) The Idaho National Laboratory, Idaho.

(2) The Waste Isolation Pilot Plant, Carlsbad, New Mexico.

(3) The Savannah River Site, Aiken, South Carolina.

(4) The Oak Ridge National Laboratory, Oak Ridge, Tennessee.

(5) The Hanford Site, Richland, Washington.

(6) Any defense closure site of the Department of Energy.

(7) Any site of the National Nuclear Security Administration.

(d) Activities specifiedThe activities specified in this subsection are the following:

(1) Program support.

(2) Program direction.

(3) Safeguards and security.

(4) Technology development and deployment.

(5) Federal contributions to the Uranium Enrichment Decontamination and Decommissioning Fund established under section 2297g of title 42.

(Pub. L. 107–314, div. D, title XLIV, § 4402A, as added Pub. L. 111–383, div. C, title XXXI, § 3116(a), Jan. 7, 2011, 124 Stat. 4512; amended Pub. L. 113–66, div. C, title XXXI, § 3146(e)(3), Dec. 26, 2013, 127 Stat. 1076; Pub. L. 116–283, div. C, title XXXI, § 3122, Jan. 1, 2021, 134 Stat. 4381.)

§ 2583. Repealed. Pub. L. 117–263, div. C, title XXXI, § 3132(a)(1)(B)(i), Dec. 23, 2022, 136 Stat. 3060

§ 2584. Repealed. Pub. L. 113–66, div. C, title XXXI, § 3146(e)(5), Dec. 26, 2013, 127 Stat. 1076

§ 2585. Accelerated schedule for defense environmental cleanup activities

(a) Accelerated cleanup

(b) Consideration of factors

In making a determination under subsection (a), the Secretary shall consider the following:

(1) The cost savings achievable by the Federal Government.

(2) The potential for reuse of the site.

(3) The risks that the site poses to local health and safety.

(4) The proximity of the site to populated areas.

(Pub. L. 107–314, div. D, title XLIV, § 4405, formerly Pub. L. 104–106, div. C, title XXXI, § 3156, Feb. 10, 1996, 110 Stat. 625; renumbered Pub. L. 107–314, div. D, title XLIV, § 4405, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(6), Nov. 24, 2003, 117 Stat. 1765; Pub. L. 113–66, div. C, title XXXI, § 3146(e)(6), Dec. 26, 2013, 127 Stat. 1076.)

§ 2586. Defense environmental cleanup technology program

(a) Establishment of program

The Secretary of Energy shall establish and carry out a program of research for the development of technologies useful for—

(1) the reduction of environmental hazards and contamination resulting from defense waste; and

(2) environmental restoration of inactive defense waste disposal sites.

(b) Definitions

As used in this section:

(1) The term “defense waste” means waste, including radioactive waste, resulting primarily from atomic energy defense activities of the Department of Energy.

(2) The term “inactive defense waste disposal site” means any site (including any facility) under the control or jurisdiction of the Secretary of Energy which is used for the disposal of defense waste and is closed to the disposal of additional defense waste, including any site that is subject to decontamination and decommissioning.

(Pub. L. 107–314, div. D, title XLIV, § 4406, formerly Pub. L. 101–189, div. C, title XXXI, § 3141, Nov. 29, 1989, 103 Stat. 1679; Pub. L. 105–85, div. C, title XXXI, § 3152(g), Nov. 18, 1997, 111 Stat. 2042; renumbered Pub. L. 107–314, div. D, title XLIV, § 4406, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(7), Nov. 24, 2003, 117 Stat. 1765; Pub. L. 113–66, div. C, title XXXI, § 3146(e)(7), Dec. 26, 2013, 127 Stat. 1077; Pub. L. 113–291, div. C, title XXXI, § 3142(g), Dec. 19, 2014, 128 Stat. 3900.)

§ 2586a. Other programs relating to technology development

(a) Incremental Technology Development Program

(1) Establishment

(2) Focus

(A) ImprovementsIn carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including—

(i) decontamination chemicals and techniques;

(ii) remote sensing and wireless communication to reduce manpower and laboratory efforts;

(iii) detection, assay, and certification instrumentation; and

(iv) packaging materials, methods, and shipping systems.

(B) Other areas

(3) Use of new and emerging technologies

(A) Development and demonstration

(B) Collaboration required

(4) Agreements to carry out projects

(A) Authority

(B) SelectionThe Secretary shall select projects under subparagraph (A) through a rigorous process that involves—

(i) transparent and open competition; and

(ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships.

(D) Briefing

(b) High-Impact Technology Development Program

(1) EstablishmentThe Secretary shall establish a program, to be known as the “High-Impact Technology Development Program”, under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission—

(A) holistically address difficult challenges;

(B) hold the promise of breakthrough improvements; or

(2) Areas of focusThe Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following:

(A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on—

(i) real-time field acquisition; and

(ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration.

(B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex.

(C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of—

(i) remediation systems; and

(ii) noninvasive near-field monitoring techniques.

(D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on—

(i) rapid and nondestructive examination and assay techniques; and

(ii) methods to determine radio-nuclide, heavy metals, and organic constituents.

(E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites.

(F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment.

(G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates—

(i) to address engineering adaptations;

(ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and

(iii) to enable successful deployment at full-scale and in support of operations.

(H) Developing and demonstrating rapid testing protocols that—

(i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community;

(ii) can be used to measure long-term waste form performance under realistic disposal environments;

(iii) can determine whether a stabilized waste is suitable for disposal; and

(iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal.

(I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury.

(J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines.

(3) Project selection

(A) SelectionThe Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves—

(i) transparent and open competition; and

(ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships.

(B) Briefing

(1) EstablishmentThe Secretary shall establish a program, to be known as the “Environmental Management University Program”, to—

(A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise;

(B) provide institutions of higher education and the Department access to advances in engineering and science;

(C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and

(D) encourage current employees of the Department to pursue advanced degrees.

(2) Areas of focusThe Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following:

(A) The atomic- and molecular-scale chemistries of waste processing.

(B) Contaminant immobilization in engineered and natural systems.

(C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine.

(D) Elucidating and exploiting complex speciation and reactivity far from equilibrium.

(E) Understanding and controlling chemical and physical processes at interfaces.

(F) Harnessing physical and chemical processes to revolutionize separations.

(G) Tailoring waste forms for contaminants in harsh chemical environments.

(H) Predicting and understanding subsurface system behavior and response to perturbations.

(3) Individual research grants

(4) Grants for interdisciplinary collaborations

(5) Hiring of undergraduates

(6) Workshops

(d) DefinitionsIn this section:

(1) The term “complex” means all sites managed in whole or in part by the Office.

(2) The term “Department” means the Department of Energy.

(3) The term “institution of higher education” has the meaning given the term in section 1001(a) of title 20.

(4) The term “mission” means the mission of the Office.

(5) The term “National Laboratory” has the meaning given the term in section 15801 of title 42.

(6) The term “Office” means the Office of Environmental Management of the Department.

(7) The term “Secretary” means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management.

(Pub. L. 107–314, div. D, title XLIV, § 4406A, as added Pub. L. 117–81, div. C, title XXXI, § 3114(a), Dec. 27, 2021, 135 Stat. 2221.)

§ 2587. Report on defense environmental cleanup expenditures

Each year, at the same time the President submits to Congress the budget for a fiscal year (pursuant to section 1105 of title 31), the Secretary of Energy shall submit to Congress a report on how the defense environmental cleanup funds of the Department of Energy were expended during the fiscal year preceding the fiscal year during which the budget is submitted. The report shall include details on expenditures by operations office, installation, budget category, and activity. The report also shall include any schedule changes or modifications to planned activities for the fiscal year in which the budget is submitted.

(Pub. L. 107–314, div. D, title XLIV, § 4407, formerly Pub. L. 101–510, div. C, title XXXI, § 3134, Nov. 5, 1990, 104 Stat. 1833; renumbered Pub. L. 107–314, div. D, title XLIV, § 4407, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(8), Nov. 24, 2003, 117 Stat. 1765; Pub. L. 113–66, div. C, title XXXI, § 3146(e)(8), Dec. 26, 2013, 127 Stat. 1077.)

§ 2588. Public participation in planning for defense environmental cleanup

The Secretary of Energy shall consult with the Administrator of the Environmental Protection Agency, the Attorney General, Governors and attorneys general of affected States, appropriate representatives of affected Indian tribes, and interested members of the public in any planning conducted by the Secretary for defense environmental cleanup activities at Department of Energy defense nuclear facilities.

(Pub. L. 107–314, div. D, title XLIV, § 4408, formerly Pub. L. 103–337, div. C, title XXXI, § 3160(e), Oct. 5, 1994, 108 Stat. 3095; renumbered Pub. L. 107–314, div. D, title XLIV, § 4408, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(9), Nov. 24, 2003, 117 Stat. 1765; Pub. L. 113–66, div. C, title XXXI, § 3146(e)(9), Dec. 26, 2013, 127 Stat. 1077.)

§ 2589. Policy of Department of Energy regarding future defense environmental management matters

(a) Policy required

(1) Commencing not later than October 1, 2005, the Secretary of Energy shall have in effect a policy for carrying out future defense environmental management matters of the Department of Energy. The policy shall specify each officer within the Department with responsibilities for carrying out that policy and, for each such officer, the nature and extent of those responsibilities.

(2) In paragraph (1), the term “future defense environmental management matter” means any environmental cleanup project, decontamination and decommissioning project, waste management project, or related activity that arises out of the activities of the Department in carrying out programs necessary for national security and is to be commenced after November 24, 2003. However, such term does not include any such project or activity the responsibility for which has been assigned, as of November 24, 2003, to the Environmental Management program of the Department.

(b) Reflection in budget

(d) Report

(Pub. L. 108–136, div. C, title XXXI, § 3132, Nov. 24, 2003, 117 Stat. 1750.)

§ 2590. Estimation of costs of meeting defense environmental cleanup milestones required by consent orders

The Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) a report on the cost, for that fiscal year and the four fiscal years following that fiscal year, of meeting milestones required by a consent order at each defense nuclear facility at which defense environmental cleanup activities are occurring. The report shall include, for each such facility—

(1) a specification of the cost of meeting such milestones during that fiscal year; and

(2) an estimate of the cost of meeting such milestones during the four fiscal years following that fiscal year.

(Pub. L. 107–314, div. D, title XLIV, § 4409, as added Pub. L. 116–92, div. C, title XXXI, § 3112(a), Dec. 20, 2019, 133 Stat. 1950.)

§ 2591. Public statement of environmental liabilities

Each year, at the same time that the Department of Energy submits its annual financial report under section 3516 of title 31, the Secretary of Energy shall make available to the public a statement of environmental liabilities, as calculated for the most recent audited financial statement of the Department under section 3515 of that title, for each defense nuclear facility at which defense environmental cleanup activities are occurring.

(Pub. L. 107–314, div. D, title XLIV, § 4410, as added Pub. L. 116–283, div. C, title XXXI, § 3121(a), Jan. 1, 2021, 134 Stat. 4381.)