timated $5 million for the DOE to respond to the board's requests for information and assistance. As discussed above, Title I directs the Secretary of Energy to implement the recommendations of the board unless they are technically infeasible, or exempted by the President. DOE is currently conducting environmental audits and safety appraisals at its nuclear facilities to establish the baseline data necessary to determine what problems exist at these facilities and how to correct them. Based on preliminary information from DOE, it appears that correcting existing problems at DOE may cost $30 billion to $40 billion. However, CBO cannot predict the effect of S. 1085 on the cost of correcting existing environmental and safety problems at DOE facilities, because these costs may also be incurred under current law. Thus, it is uncertain what amount, if any, of these projected future remedial costs can be directly attributed to S. 1085. We estimate the cost of applying the OSHA to DOE nuclear facilities (Title II of S. 1085) to be $2 million to $8 million in 1988. Based on information from DOL, CBO estimates that $2 million would be required in 1988 to conduct complaint and accident investigations at DOE facilities, and to promulgate OSHA regulations for DOE facilities. This would be the minimum possible effort to meet the requirements of the bill. On the other hand, the bill could be viewed as requiring DOL to initiate a special emphasis program for DOE nuclear facilities. Based on information from DOL, we believe that such a program would involve hiring an additional 700 inspection and support personnel to conduct annual radiological and non-radiological inspections of the DOE facilities at an annual cost of about $55 million. CBO assumes that an increase in OSHA application efforts of this magnitude and complexity would take roughly five years to implement. We estimate additional outlays in 1988 of about $8 million to begin hiring and training additional staff to conduct a special emphasis program with annual inspections at DOE nuclear facilities. Outlays would increase gradually to about $50 million in 1992. The scope of DOL's implementation effort would be determined by the amount of appropriations provided. Title II also contains an amendment to OSHA to clarify the intent of the Congress that the National Institute for Occupational Safety and Health (NIOSH) shall perform functions authorized by OSHA at DOE nuclear facilities. NIOSH expects that this clarification will result in an increase in the number of health hazard complaints from individuals and labor unions at DOE nuclear facilities. Based on information from NIOSH, CBO estimates that the additional costs of investigating such complaints would not be significant. Under current law, EPA has concurrent jurisdiction with DOE over mixed radioactive and hazardous wastes at DOE facilities. Title III of this bill clarifies EPA's authority in this situation, and CBO estimates that this title would not result in significant additional outlays. CBO estimates that the Radiation Research Review Board established by Title IV of this bill would not require significant additional expense, because the intent is that this board would be a parttime advisory group composed of current government employees. The costs of this bill fall within budget functions 250, 270, and 550. For the purpose of this estimate, CBO assumed that the bill would be enacted by October 1, 1987, and that amounts authorized by the bill will be appropriated. If you wish further details on this estimate, we will be pleased to provide them. With best wishes, JAMES BLUM (For Edward M. Gramlich, Acting Director). X. REGULATORY IMPACT OF THE LEGISLATION In accordance with paragraph 11(b) of Rule XXVI of the Standing Rules of the Senate, the following statement of the regulatory impact of S. 1085 is made. Title I creates a DOE Nuclear Safety Board which could recommend changes in the existing Orders which apply to the goverment-owned production and utilization facilities operated by DOE. Aside from this ability to recommend changes, Title I will entail no significant additional regulation of any individuals or businesses. No new regulations will be promulgated except those governing the Board's procedures, and no new information requirements will be made on the public. There will be no additional paperwork requirements resulting from enactment. Title II would extend OSHA and NIOSH coverage to DOE production and utilization facilities previously exempted. This title does provide the Secretary of Labor with the authority to promulgate regulations governing the application of the OSHA Act to the Department of Energy's production and utilization facilities. However, inasmuch as these DOL regulations will merely supersede existing DOE regulations, and these facilities are government-owned facilities, Title II will entail no significant additional regulation of any individuals or businesses. There will be no additional paperwork requirements resulting from enactment. Title III clarifies the current ability of the EPA to regulate the hazardous waste component of a mixture or combination of a hazardous waste and radioactive materials. Inasmuch as Title III merely codifies the existing regulatory scheme, Title III will entail no significant additional regulation of any individuals or businesses. However, new regulations may be promulgated based on EPA's existing authority to regulate these types of hazardous waste. No new information requirements will be made on the public based upon Title III. There will be no additional paperwork requirements resulting from the enactment. Title IV creates a federal advisory board to assist the Secretary of Energy in conducting studies of the effects of radiation. Title IV will entail no significant regulation of any individuals or business es. No new regulations will be promulgated, and no new information requirements will be made on the public. There will be no additional paperwork requirements resulting from the enactment. XI. CHANGES IN EXISTING LAWS In compliance with paragraph 12 of Rule XXVI of the Standing Rules of the Senate, changes in existing law made by S. 1085, as reported are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which, existing law in which no change is proposed is shown in roman): ENERGY REORGANIZATION ACT OF 1974 INDEPENDENT NUCLEAR SAFETY BOARD SEC. 212. (a) There is established a Department of Energy Nuclear Safety Board (hereafter in this section referred to as the "Board"). (b)(1) The Board shall be composed of 3 members appointed by the President, by and with the advice and consent of the Senate, from among respected experts in the field of nuclear safety with a demonstrated competence and knowledge relevant to the independent investigative and prescriptive functions of the Board. No more than 2 members of the Board shall be of the same political party. Not later than 90 days after the date of the enactment of this section, the President shall submit such nominations for appointment to the Board. (2) Any vacancy in the membership of the Board shall be filled in the same manner in which the original appointment was made. (3) During their tenure on the Board, no member of the Board shall have any significant financial relationship with the Department of Energy or with any firm, company, corporation, or other entity engaged in activities under contract with the Department of Energy. (c)(1) The Chairman and Vice Chairman of the Board shall be designated by the President. The Chairman and Vice Chairman and other Board members may be reappointed to such offices. (2) The Chairman shall be the chief executive officer of the Board and shall, subject to such policies as the Board may establish, exercise the functions of the Board with respect to (A) the appointment and supervision of personnel employed by the Board; (B) the organization of any administrative units established by the Board; and (C) the use and expenditure of funds. The Chairman may delegate any of the functions under this paragraph to any other member or to any appropriate employee or officer of the Board. (3) The Vice Chairman shall act as Chairman in the event of the absence or incapacity of the Chairman or in case of a vacancy in the office of Chairman. (d)(1) Except as provided under paragraph (2), the members of the Board shall serve for terms of 6 years. Members of the Board may be reappointed. (2) Of the members first appointed (A) one shall be appointed for a term of 2 years; (B) one shall be appointed for a term of 4 years; and as designated by the President at the time of appointment. (3) Any member appointed to fill a vacancy occurring before the expiration of the term of office for which such member's predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of the member's term until a successor has taken office. (4) Any member of the Board may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. (e) Two members of the Board shall constitute a quorum for issuing reports, but a lesser number may hold hearings. (f) The Board shall hire such staff and make such expenditures for consultants and services as are necessary. Staff for the Board may not exceed 100 full-time equivalent staff personnel. (g) The Board shall have the following functions: (1)(A) The Board shall review and evaluate the implementation of the health and safety standards of the Department of Energy, including all applicable Department of Energy Orders, at each Department of Energy nuclear facility. The Board shall review and assess the content and application of all Orders governing Department of Energy nuclear facilities, recommend necessary changes in the content and application of such Orders, and recommend areas needing additional research. (B) The Secretary shall (i) respond to the recommendations made by the Board pursuant to subparagraph (A); and (ii) notify the Board and Congress as to which recommendation will be implemented and which will not be implemented and shall include in such notification the reasons for not implementing such recommendations. (2)(A)(i) The Board shall investigate any event at a Department of Energy nuclear facility which the Board determines to be important because of an actual or potential adverse effect on the health or safety of the public. (ii) The Board shall investigate those aspects of the transportation of nuclear materials to and from Department of Energy nuclear facilities which the Board determines to be significant because of possible adverse effects on the health and safety of the public. (iii) The Board may request the Secretary of Energy (hereafter in this section referred to as the "Secretary") to make an investigation of any subject related to the Board's purposes, including any matter described in subdivision (i) or (ii), and to report its findings to the Board in a timely fashion. The Board may analyze the findings of the Secretary for the purpose of making its own conclusions and recommendations. (B) The purpose of any Board investigation under subparagraph (A)(i) shall be (i) to determine if the Secretary is adequately implementing the health and safety standards of the Department of Energy, including all applicable Department of Energy Orders, at Department of Energy nuclear facilities; (ii) to ascertain information concerning the circumstances of any event, and its implications for the public health and safety; (iii) to determine whether such event is part of a pattern of similar events at other Department of Energy nuclear facilities which could adversely affect the public health or safety or which could be the precursor of events which could adversely affect the public health or safety; and (iv) to provide such recommendations to the Secretary for changes in Department of Energy Orders, safety regulations and requirements, including research needs, and other regulatory policy as may be prudent or necessary. (C) The purpose of any Board investigation under subparagraph (A)(ii) shall be to review (i) the transportation packages used to contain nuclear materials in transit; (ii) the adequacy of design standards for packages, and testing of the packages; (iii) the safety of rail routes and highway routes chosen; (iv) the availability of safer routes around high-density population centers; and (v) the ability of public safety officials to respond to an emergency. (D) For the purpose of this paragraph, the term 'event' shall include an action or failure to act by any person, including the Secretary, or a continuing series of actions or failures to act by any person, including the Secretary, including operational failures, that the Board determines to have an actual or potentially adverse effect on public health and safety. (3) The Board shall have access to and may systematically analyze operational data from any Department of Energy nuclear facility to determine whether there exist certain patterns of events that indicate health and safety problems. (4) The Board may conduct or request the Secretary to conduct special studies pertaining to safety at any Department of Energy nuclear facility. (5) The Board may evaluate information received from the scientific and industrial communities, and from the interested public, with respect to (A) events with actual or potential adverse effects on health and safety; or (B) suggestions for specific measures to improve health and safety standards or necessary research at Department of Energy nuclear facilities. (6)(A) The Board shall recommend to the Secretary those specific measures that should be adopted to substantially reduce the likelihood that events will occur at any Department of Energy nuclear facility. In making its recommendations, the Board shall consider technical and economic feasibility. The Secretary shall respond in writing to the recommendations of the Board within 90 days of receipt of such recommendations. Such written response shall detail specific measures adopted by the Secretary in response to such recommendations. |