appropriate comments to Federal agencies which have legal jurisdiction or special expertise with respect to environmental impact. In large measure this will be a continuation of the procedures that we have been following in coordinating applications for construction permits with various Federal agencies, as I discussed previously. After obtaining these comments, the Commission's Director of Regulation will prepare a detailed statement on the environmental considerations involved in the proposed plant. This detailed statement will be made public. The Commission will incorporate in construction permits and operating licenses for these plants a condition to the effect that the licensee shall observe Federal and State standards and requirements for the protection of the environment, including standards and requirements for the control of thermal effects of the release of heated water from the facility to the environment, which are validly imposed under Federal and State law and are determined by the Commission to be applicable to the facility. The condition will not apply to radiological effects since these are dealt with in other provisions of the AEC license. Mr. Chairman, with your permission, I should like to submit for the record a copy of the AEC policy statement. Senator MUSKIE. Without objection, it will be included in the record. (The AEC policy statement follows:) TITLE 10-ATOMIC ENERGY CHAPTER 1-ATOMIC ENERGY COMMISSION PART 2-RULES OF PRACTICE APRIL 2, 1970. PART 50-LICENSING OF PRODUCTION AND UTILIZATION FACILITIES Implementation of the National Environmental Policy Act of 1969 The National Environmental Policy Act of 1969, Public Law 91-190, authorizes and directs that, to the fullest extent possible, the policies, regulations and public laws of the United States shall be interpreted and administered in accordance with the policies for the protection of the environment set forth in that Act. It also requires, among other things, Federal agencies to include in recommendations or reports on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement on specified environmental considerations. The Atomic Energy Commission has adopted the statement of general policy, in the form of an Appendix D to Part 50, set forth below, indicating the manner in which the Commission will exercise its responsibilities under the National Environmental Policy Act of 1969 with respect to licensing of power reactors and fuel reprocessing plants pending (1) the development of more detailed procedures, in consultation with the Council on Environmental Quality established by Title II of that Act, (2) the development of arrangements between the Commission and other Federal agencies that may be designated as having jurisdiction by law or special expertise in environmental matters, and (3) the enactment of such legislation as may be proposed by the Commission in compliance with section 103 of that Act. A conforming amendment to 10 CFR Part 2 has also been adopted. Pursuant to the National Environmental Policy Act of 1969 and sections 552 and 553 of Title 5 of the United States Code, the following amendments to Title 10, Chapter 1, Code of Federal Regulations, Parts 2 and 50, are published as a document subject to codification, to be effective upon publication in the FEDERAL REGISTER. The Commission invites all interested persons who de 46-966-71-pt. 2 sire to submit written comments or suggestions in connection with the amendments to send them to the Secretary, U.S. Atomic Energy Commission, Washington, D.C. 20545, Attention: Chief, Public Proceedings Branch, within 30 days after publication of this notice in the FEDERAL REGISTER. Consideration will be given to such submissions with the view to possible further amendments. Copies of comments received may be examined in the Commission's Public Document Room at 1717 H Street, N.W., Washington, D.C. 1. The fourth sentence in Section III (c) (7) of Appendix A of 10 CFR Part 2 is deleted. 2. A statement of general policy is appended to 10 CFR Part 50 to read as follows: APPENDIX D-STATEMENT OF GENERAL POLICY: IMPLEMENTATION OF THE On January 1, 1970, the National Environmental Policy Act of 1969 (Public Law 91-190) became effective. The stated purposes of that Act are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality. Section 101 (b) of that Act provides that, in order to carry out the policy set forth in the Act, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources toward certain stated ends. In section 102 of the National Environmental Policy Act of 1969, the Congress authorizes and directs that, to the fullest extent possible, the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in the Act. All agencies of the Federal Government are required, among other things, to include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on certain specified environmental considerations. Prior to making the detailed statement, the responsible Federal official is required to consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Section 103 of that Act provides that all agencies of the Federal Government shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit full compliance with the purposes and provisions of the Act and shall propose to the President not later than July 1, 1971, such measures as may be necessary to bring their authority and policies into conformity with the intent, purposes, and procedures set forth in the Act. Pending (1) the development of more detailed procedures, in consultation with the Council on Environmental Quality established by Title II of that Act, (2) the development of arrangements between the Commission and other Federal agencies that may be designated as having jurisdiction by law or special expertise in environmental matters, and (3) the enactment of such legislation as may be proposed by the Commission in compliance with section 103 of the Act, and consistent with the public interest in avoiding unreasonable delay in meeting the growing national need for electric power, the Commission will exercise its responsibilities under the Act as follows with respect to the licensing of power reactors and fuel reprocessing plants: 1. Applications for permits to construct and licenses to operate power reactors and fuel reprocessing plants will be transmitted by the Commission to Federal agencies which have jurisdiction by law or special expertise with respect to the environmental impact involved, with a request for comments, to the extent appropriate, on the following environmental considerations: (a) the environmental impact of the proposed action, (b) any adverse environmental effects which cannot be avoided should the proposal be implemented, (c) alternatives to the proposed action, (d) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and (e) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. 2. After obtaining the comments from those Federal agencies, the Commission's Director of Regulation or his designee will prepare a detailed statement on the environmental considerations specified in the preceding paragraph. Copies of the detailed statement and the comments and views of the appropriate Federal, State and local agencies, which are authorized to develop and enforce environmental standards, will be made available to the President, the Council on Environmental Quality and to the public as provided by section 552 of Title 5 of the United States Code, and will accompany the application through the Commission's review processes. In preparing the detailed statement, the Director of Regulation or his designee may rely, in whole or in part, on, and may incorporate by reference, the comments and views of those Federal, State, and local agencies, as well as the regulatory staff's radiological safety evaluation. The detailed statement will be limited to the environmental effects of the facility that is subject to the licensing action involved. 3. With respect to those proceedings which take place in the immediate and near future, it is recognized that the detailed statements may not be as complete as they will be after there has been an opportunity to develop appropriate working arrangements between the Commission and other Federal agencies having jurisdiction by law or special expertise in these matters. With respect to the operation of power reactors, it is expected that in most cases the detailed statement will be prepared only in connection with the first licensing action that authorizes full-power operation of the facility. 4. The filing of the detailed statement described in paragraphs 2 and 3 shall in no way be construed as extending the licensing or regulatory jurisdiction of the Commission to making independent determinations on matters other than those specified in Part 50 of its regulations for construction permit or operating license applications. 5. The Commission will incorporate in construction permits and operating licenses for power reactors and fuel reprocessing plants a condition to the effect that the licensee shall observe such Federal and State standards and requirements for the protection of the environment, including standards and requirements for the control of the thermal effects of the release of liquid effluents from the facility to the environment, as are validly imposed pursuant to authority established under Federal and State law and as are determined by the Commission to be applicable to the facility that is subject to the licensing action involved. This condition will not apply to radiological effects since radiological effects are dealt with in other provisions of the construction permit and operating license. 6. Determinations made by cognizant Federal or State bodies of non-observance of the standards and requirements encompassed by the condition described in paragraph 5 will be deemed proper for consideration in Commission licensing proceedings. However, said condition shall in no way be construed as extending the jurisdiction of this agency to making an independent review of (a) standards or requirements validly imposed pursuant to authority established under Federal and State law or (b) equipment or measures proposed by the applicant to meet standards or requirements validly imposed pursuant to authority established under Federal and State law. Nothing in this Appendix should be construed as affecting (a) the manner in which the Commission obtains advice from other agencies, Federal and State, with respect to the control of radiation effects, or (b) the other, and separate, provisions of the construction permit and operating license which deal with radiological effects. Procedures and measures similar to those described in the preceding paragraphs of this Appendix will be followed in proceedings other than those involving power reactors and fuel reprocessing plants when the Commission determines that the proposed action is one significantly affecting the quality of the human environment. (Sec. 102, 83 Stat, 853.) Dated at Germantown, Md. this 31st day of March, 1970. F. T. HOBBS, Acting Secretary. RECENT ACTIONS BY THE STATES Mr. RAMEY. Important progress is also taking place in the States. It is clear that some mechanism must be found for better coordination among the various State agencies which have responsibilities with respect to powerplant siting. Presently, utilities must secure permits or approvals from many agencies, and generally due process requires that each such agency also allow participation by members of the public. It is encouraging to see the States moving ahead in the planning area. California has established a resources agency powerplant siting committee. New York State has given its Atomic Space Development Authority significant authority with respect to nuclear generating units. Washington has established a single agency for powerplant siting to coordinate the activities of some 14 other agencies which have responsibilities or interests in that area. The State of Oregon is also taking steps to prepare for the anticipated widespread use of nuclear power for electricity generation in the Northwest. A proposal has been made in Maryland for the creation of a State governmental unit which would develop a program for the identification and evaluation of powerplant sites. And they have also gone somewhat farther in recent years. ENVIRONMENTAL RESEARCH AND DEVELOPMENT Before turning to further organizational and procedural improvements, I would like to discuss environmental research and development. More attention in the form of research and development has been given to the potential environmental effects of the peaceful uses of the atom than has been given to any other technology introduced into our society. As a result, we have considerable knowledge of the effects of radioactivity. Even as long ago as 1956 enough was known to enable a report by the National Academy of Sciences-National Research Council to state: Despite the gaps in our knowledge, it is abundantly clear that radiation is by far the best understood environmental hazard. The increased contamination of the atmosphere with potential carcinogens (nonradioactive cancer-causing factors), the widespread use of many new and powerful drugs in medicine, and chemical agents in industry, emphasize the need for vigilance over the entire environment. Only with regard to radiation has there been determination to minimize risk at almost any cost. We have continued our efforts to add to this knowledge. The AEC and the nuclear industry for many years have conducted a broad program of research and development to assure the safety of its operations and to minimize their environmental impact. For fiscal year 1969, the funding for this program was in excess of $35 million. Extensive research has been conducted on the subject of radiation and its effects on man and the biosphere. The research programs of the Division of Biology and Medicine, which was established in 1947, have been continually supported at substantial levels. For example, the Division's funding in 1969 was approximately $89 million, and it will be about the same level for the current fiscal year. Long before environmental research received the attention it now has, an environmental sciences branch was set up within this division. The programs in this area support many of the Nation's leading ecologists. In 1969, over $18 million was spent for ecological research. A few examples can be cited to illustrate the scope of the AEC's research in environmental science. Since 1944, millions of dollars have been spent in studying the effects and fate of radionuclides in the Columbia River system. These studies are continuing at the present time. Another example is the classic work at Oak Ridge where the AEC, in cooperation with a number of State and Federal agencies, studied in detail the movement and effects of radioactive materials in the Clinch and Tennessee Rivers. Extensive ecological studies are being conducted at the Savannah River project. The AEC has also studied intensively the dispersion and fate of radioactive materials released into the atmosphere. Many other national laboratories-such as Brookhaven and Argonne-and offsite contractors are also studying this problem. With respect to thermal effects, the physical and biological aspects of the Columbia River water temperatures, and the effects of heat in the aquatic environment have been studied at Richland, Wash., since 1946. Particular attention has been given to possible effects on salmon. These studies showed that the river in the vicinity of the Richland reactors, which released substantial amounts of heat, provided an acceptable environment for salmon spawning. As a matter of fact, the salmon spawning in that reach of the river improved over the years. This was true when all the reactors were operating; today only two of them are in operation. In a related effort, a computer program developed for predicting temperatures of Columbia River water has been applied to rivers which provide cooling water for other nuclear powerplants. Research and development work supported by the AEC at the Chesapeake Bay Institute of Johns Hopkins University is directed toward predicting the physical process of movement and diffusion in tidal areas such an estuaries. Hydraulic models and theoretical studies have been extended to develop improved methods for predicting the description of the excess temperature in the water bodies that receive heated water from operation of large powerplant installations. In these studies, it is hoped that the hydraulic models and theoretical studies which have been carried out will be validated. We have funded, I believe, nearly $2 million of research and development related to the Chesapeake Bay area. Preoperational field studies at the Morgantown plant, a fossil fuel plant on the Potomac estuary, have been completed. The results of these studies will be used to predict postoperational temperature patterns. The predictions will be compared with postoperational measurements planned for 1970. The prediction method will then be improved, if necessary, and applied to nuclear powerplants in the Chesapeake Bay area. The ultimate goal will be the development of a prediction of the capacity of the entire Chesapeake Bay to receive, without damage, the heat from large steam electric powerplants. As a byproduct, the development of nuclear technology has re |