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Adds a new rule to the Nuclear Waste Policy Act requiring the Secretary to set the order for accepting high‑level radioactive waste and spent nuclear fuel using four prioritized factors: reactor operating status, the population in the reactor area, earthquake hazard per USGS seismic hazard maps, and a national‑security risk assessment with Defense and Homeland Security. The law requires the Secretary to give highest priority to reactors that meet any of four specified conditions (decommissioned/decommissioning; largest population area; highest USGS seismic hazard; or a significant national‑security concern). This changes how the federal government ranks sites for receiving spent fuel and high‑level waste.
Adds a new paragraph (7) to Section 302(a) of the Nuclear Waste Policy Act of 1982 requiring the Secretary to prioritize which high-level radioactive waste or spent nuclear fuel to accept for disposal or storage.
When deciding the order to accept high-level radioactive waste or spent nuclear fuel, the Secretary must prioritize material from civilian nuclear power reactors based on four factors: operating status of the reactor, population of the reactor area, earthquake hazard of the area, and national security risk related to continued storage in the area.
Give highest priority to a civilian nuclear power reactor that is decommissioned or decommissioning.
Give highest priority to a civilian nuclear power reactor located in an area that the Secretary determines has the largest population.
Give highest priority to a civilian nuclear power reactor located in an area with the highest earthquake hazard, as indicated by the Seismic Hazard Maps published by the Director of the United States Geological Survey under section 5(b)(3)(J) of the Earthquake Hazards Reduction Act of 1977.
Primary affected parties: the Department of Energy (the Secretary and program offices that implement the Nuclear Waste Policy Act), reactor owners/operators, and communities near reactors. The law changes the statutory ranking method used to decide which spent fuel and high‑level waste the federal government accepts first. Practically, that means:
Reactor owners/operators: plants that are decommissioned or in decommissioning, plants serving large populations, or plants in high seismic zones may be scheduled earlier for federal acceptance activities. Owners will need to coordinate with DOE on timing and readiness.
Local communities and emergency planners: areas with reactors that meet high‑priority conditions may see earlier federal activity related to waste acceptance planning, transport routing, public engagement, and emergency preparedness work.
Federal agencies: DOE must incorporate USGS seismic hazard data and consult DoD and DHS on national security when setting priorities. This will require interagency coordination and may change resource and scheduling decisions within DOE and partner agencies.
Transporters and logistics providers (rail, barge, or truck carriers) and state regulators: scheduling and routing of spent fuel shipments could shift, requiring adjustments to permitting, oversight, and emergency response preparations.
Tribes and state governments: may face earlier federal engagement on specific facilities near their jurisdictions and will need to engage in permitting, consultation, and public‑safety planning as acceptance moves forward.
Limitations: the amendment prescribes priority criteria but does not itself create storage sites, change safety/regulatory standards, or provide funding. Actual timing and operational activity will still depend on separate regulatory approvals, environmental reviews (e.g., NEPA), available facilities, and appropriations. The change could re‑order who receives attention first, which may accelerate planning and public debate in higher‑priority communities.
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Referred to the House Committee on Energy and Commerce.
Introduced February 5, 2025 by Mike Levin · Last progress February 5, 2025
Referred to the House Committee on Energy and Commerce.
Introduced in House