Executive Order 12192—State Planning Council on Radioactive Waste Management

By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to create, in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), an advisory committee on radioactive waste management, it is hereby ordered as follows:

1-1. Establishment.

1-101. There is established the State Planning Council on Radioactive Waste Management.

1-102. The Council shall be composed of eighteen members as follows:

(a) Fourteen members designated by the President as follows:

(1) Eight Governors of the various states.

(2) Five state and local elected government officials other than governors.

(3) One tribal government representative.

(b) The heads of the following Executive agencies:

(1) Department of the Interior.

(2) Department of Transportation.

(3) Department of Energy.

(4) Environmental Protection Agency.

(c) The Chairman of the Nuclear Regulatory Commission is invited to participate in the activities of the Council; representatives of other departments and of United States territories and the Trust Territory of the Pacific Islands are invited to take part in the activities of the Council when matters affecting them are considered.

1-103. The President shall designate a Chairman from among the members of the Council.

1-2. Functions.

1-201. The Council shall provide advice and recommendations to the President and the Secretary of Energy on nuclear waste management (including interim management of spent fuel). In particular, the Council shall:

(a) Recommend procedural mechanisms for reviewing nuclear waste management plans and programs in such a way to ensure timely and effective State and local involvement. Such mechanisms should include a consultation and concurrence process designed to achieve Federal, State, and local agreement which accommodates the interests of all the parties.

(b) Review the development of comprehensive nuclear waste management plans including planning activities for transportation, storage, and disposal of all categories of nuclear waste. Provide recommendations to ensure that these plans adequately address the needs of the State and local areas affected.

(c) Advise on all aspects of siting facilities for storage and disposal of nuclear wastes, including the review of recommended criteria for site selection and site suitability, guidelines for regional siting, and procedures for site characterization and selection.

(d) Advise on an appropriate role for State and local governments in the licensing process for nuclear waste repositories.

(e) Advise on proposed Federal regulations, standards, and criteria related to nuclear waste management programs.

(f) Identify and make recommendations on other matters related to the transportation, storage, and disposal of nuclear waste that the Council believes are important.

1-202. Within one year after the Council's first organizational meeting, but in any event not later than seventeen months after the issuance of this Order, the Council shall prepare and submit to the President a public report on its functions set forth in Section 1-201.

1-3. Administrative Provisions.

1-301. Subcommittees of the Council may be established in accordance with the provisions of the Federal Advisory Committee Act, as amended.

1-302. The members of the Council, including the members of its subcommittees, who are not otherwise paid a salary by the Federal Government, shall receive no compensation from the United States by virtue of their service on the Council, but all members may receive the transportation .and travel expenses, including per diem in lieu of subsistence, authorized by law (5 U.S.C. 5702 and 5703).

1-303. To the extent permitted by law, and subject to the availability of funds, the Secretary of Energy shall provide the Council, including any subcommittees, with necessary facilities, support, and services, including staff and an executive director.

1-4. General Provisions.

1-401. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), except that of reporting annually to the Congress, that are applicable to the Council, shall be performed by the Secretary of Energy in accordance with guidelines and procedures established by the Administrator of General Services.

1-402. The Council shall terminate thirty days after it transmits its final report to the President, but in no event shall it terminate later than eighteen months after the effective date of this Order.

JIMMY CARTER

The White House,

February 12, 1980.

[Filed with the Office of the Federal Register, 12:53 p.m., February 12, 1980]