Sec. 16. TRANSPORTATION

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## SEC. 16 TRANSPORTATION ###

(a)Shipping Containers No transuranic waste may be transported by or for the Secretary to or from WIPP, except in packages— ####

(1)the design of which has been certified by the Nuclear Regulatory Commission; and ####

(2)that have been determined by the Nuclear Regulatory Commission to satisfy its quality assurance requirements. The determination under paragraph

(2)shall not be subject to rulemaking or judicial review. ###

(b)Notification In addition to activities required pursuant to the Supplemental Stipulated Agreement, prior to any transportation of transuranic waste by or for the Secretary to or from WIPP, the Secretary shall provide advance notification to States and Indian tribes through whose jurisdiction the Secretary plans to transport transuranic waste to or from WIPP. ###

(c)Accident Prevention and Emergency Preparedness ####

(1)Training #####

(A)In general In addition to activities required pursuant to the Supplemental Stipulated Agreement, the Secretary shall, to the extent provided in appropriation Acts, provide technical assistance and funds for the purpose of training public safety officials, and other emergency responders as described in part 1910.120 of title 29, Code of Federal Regulations, in any State or Indian tribe through whose jurisdiction the Secretary plans to transport transuranic waste to or from WIPP. Within 30 days of the date of the enactment of this Act, the Secretary shall submit a report to the Congress and to the States and Indian tribes through whose jurisdiction the Secretary plans to transport transuranic waste on the training provided through fiscal year 1992. #####

(B)Ongoing training If determined by the Secretary, in consultation with affected States and Indian tribes, to be necessary and appropriate, training described in subparagraph

(A)shall continue after the date of the enactment of this Act until the transuranic waste shipments to or from WIPP have been terminated. #####

(C)Review of training The Secretary shall periodically review the training provided pursuant to subparagraph

(A)in consultation with affected States and Indian tribes. The training shall also be reviewed by the Occupational Safety and Health Administration, and the National Institute for Occupational Safety and Health, for compliance with part 1910.120 of title 29, Code of Federal Regulations. #####

(D)Components of training The training shall cover procedures required for the safe routine transportation of transuranic waste, as well as procedures for dealing with emergency response situations, including— ######

(i)instruction of government officials and public safety officers in procedures for the command and control of the response to any incident involving the waste; ######

(ii)instruction of emergency response personnel in procedures for the initial response to an incident involving transuranic waste being transported to or from WIPP; ######

(iii)instruction of radiological protection and emergency medical personnel in procedures for responding to an incident involving transuranic waste being transported to or from WIPP; and ######

(iv)a program to provide information to the public about the transportation of transuranic waste to or from WIPP. ####

(2)Equipment The Secretary shall enter into agreements to assist States through monetary grants or contributions in-kind, to the extent provided in appropriation Acts, in acquiring equipment for response to an incident involving transuranic waste transported to or from WIPP. ###

(d)Transportation Safety Programs The Secretary shall, to the extent provided in appropriation Acts, provide in-kind, financial, technical, and other appropriate assistance to any State or Indian tribe through whose jurisdiction the Secretary plans to transport transuranic waste to or from WIPP, for the purpose of WIPP-specific transportation safety programs not otherwise addressed in this section. These programs shall be developed with, and monitored by, the Secretary. ###

(e)Santa Fe Bypass No transuranic waste may be transported from the Los Alamos National Laboratory to WIPP until— ####

(1)an amount of funds sufficient to construct the Santa Fe bypass has been made available to the State; ####

(2)the Santa Fe bypass has been completed; or ####

(3)the Administrator has made the certification required under section 8(d)(1)(B). ###

(f)Study of Transportation Alternatives ####

(1)In general The Secretary shall conduct a study comparing the shipment of transuranic waste to the WIPP facility by truck and by rail, including the use of dedicated trains, and shall submit a report on the study in accordance with paragraph (2). Such report shall include— #####

(A)a consideration of occupational and public risks and exposures, and other environmental impacts; #####

(B)a consideration of emergency response capabilities; and #####

(C)an estimation of comparative costs. ####

(2)Report The report required in paragraph

(1)shall be submitted to the Congress not later than 1 year after the date of the enactment of this Act. ###

(g)Emergency Response Medical Training ####

(1)Determination of secretary If the Secretary determines that emergency response medical training for incidents involving transuranic waste being transported to or from WIPP is inadequate, the Secretary shall take immediate action to correct the inadequacies and, if necessary, suspend transportation of such transuranic waste. If the State disagrees with the Secretary's determination under this paragraph, the State may invoke the conflict resolution provisions of the Agreement. ####

(2)State advisory group The Secretary shall encourage the Governor of the State to appoint, within 30 days after the date of the enactment of this Act, an advisory group of health professionals and other experts in the field to review emergency response medical training programs for incidents involving transuranic waste being transported to or from WIPP. If such advisory group is established— #####

(A)its purpose shall be to review, within 60 days after its establishment and annually thereafter, the Department of Energy's emergency response medical training programs for incidents involving transuranic waste being transported to or from WIPP, and to report its findings to the State, the Secretary of Labor, acting through the Occupational Safety and Health Administration, and the Secretary; and #####

(B)the Secretary shall review the findings of the advisory group in consultation with the Secretary of Labor, acting through the Occupational Safety and Health Administration.