This section of the U.S. Code – Title 42, Chapter 108 is the federal law known as the Nuclear Waste Policy Act (NWPA). It is the United States’ primary statute governing the federal government’s management and disposal of spent nuclear fuel and high-level radioactive waste.
The law lays out a nationwide system for handling nuclear waste, including permanent disposal, temporary storage, transportation, and research. It is organized into multiple subchapters covering repository development, interim storage programs, and federal oversight structures.
Chapter 108 is binding federal law, meaning it directly controls what federal agencies can and must do. It:
- Assigns the Department of Energy (DOE) responsibility to site, build, and operate a permanent underground repository for nuclear waste.
- Requires the Environmental Protection Agency (EPA) to set environmental safety standards, and the Nuclear Regulatory Commission (NRC) to license any facility only if those standards are met.
- Establishes a formal site selection process, including studies, presidential approval, and opportunities for state and tribal participation, and even limited veto rights (subject to congressional override).
Authorizes interim storage programs and nuclear waste transportation while a permanent solution is developed.
