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42 U.S.C. § 2021b — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For purposes of sections 2021b to 2021j of this title:
(1) **Agreement State** — The term “agreement State” means a State that—
(A) has entered into an agreement with the Nuclear Regulatory Commission under [section 2021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021&num=0&edition=prelim); and
(B) has authority to regulate the disposal of low-level radioactive waste under such agreement.
(2) **Allocation** — The term “allocation” means the assignment of a specific amount of low-level radioactive waste disposal capacity to a commercial nuclear power reactor for which access is required to be provided by sited States subject to the conditions specified under sections 2021b to 2021j of this title.
(3) **Commercial nuclear power reactor** — The term “commercial nuclear power reactor” means any unit of a civilian light-water moderated utilization facility required to be licensed under section 2133 or 2134(b) of this title.
(4) **Compact** — The term “compact” means a compact entered into by two or more States pursuant to sections 2021b to 2021j of this title.
(5) **Compact commission** — The term “compact commission” means the regional commission, committee, or board established in a compact to administer such compact.
(6) **Compact region** — The term “compact region” means the area consisting of all States that are members of a compact.
(7) **Disposal** — The term “disposal” means the permanent isolation of low-level radioactive waste pursuant to the requirements established by the Nuclear Regulatory Commission under applicable laws, or by an agreement State if such isolation occurs in such agreement State.
(8) **Generate** — The term “generate”, when used in relation to low-level radioactive waste, means to pr
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Source file: Laws/federal/codes/united-states-code/title-42/section-2021b-definitions--b0f1402622.md
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Source location: Title 42, Chapter 23, § 2021b; chapter-023-development-and-control-of-atomic-energy.md
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For purposes of sections 2021b to 2021j of this title:
(1) **Agreement State** — The term “agreement State” means a State that—
(A) has entered into an agreement with the Nuclear Regulatory Commission under [section 2021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021&num=0&edition=prelim); and
(B) has authority to regulate the disposal of low-level radioactive waste under such agreement.
(2) **Allocation** — The term “allocation” means the assignment of a specific amount of low-level radioactive waste disposal capacity to a commercial nuclear power reactor for which access is required to be provided by sited States subject to the conditions specified under sections 2021b to 2021j of this title.
(3) **Commercial nuclear power reactor** — The term “commercial nuclear power reactor” means any unit of a civilian light-water moderated utilization facility required to be licensed under section 2133 or 2134(b) of this title.
(4) **Compact** — The term “compact” means a compact entered into by two or more States pursuant to sections 2021b to 2021j of this title.
(5) **Compact commission** — The term “compact commission” means the regional commission, committee, or board established in a compact to administer such compact.
(6) **Compact region** — The term “compact region” means the area consisting of all States that are members of a compact.
(7) **Disposal** — The term “disposal” means the permanent isolation of low-level radioactive waste pursuant to the requirements established by the Nuclear Regulatory Commission under applicable laws, or by an agreement State if such isolation occurs in such agreement State.
(8) **Generate** — The term “generate”, when used in relation to low-level radioactive waste, means to produce low-level radioactive waste.
(9) **Low-level radioactive waste**
(A) *In general* — The term “low-level radioactive waste” means radioactive material that—
(i) is not high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in [section 2014(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e/2&num=0&edition=prelim)); and
(ii) the Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph (A), classifies as low-level radioactive waste.
(B) *Exclusion* — The term “low-level radioactive waste” does not include byproduct material (as defined in paragraphs (3) and (4) of [section 2014(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e&num=0&edition=prelim)).
(10) **Non-sited compact region** — The term “non-sited compact region” means any compact region that is not a sited compact region.
(11) **Regional disposal facility** — The term “regional disposal facility” means a non-Federal low-level radioactive waste disposal facility in operation on January 1, 1985, or subsequently established and operated under a compact.
(12) **Secretary** — The term “Secretary” means the Secretary of Energy.
(13) **Sited compact region** — The term “sited compact region” means a compact region in which there is located one of the regional disposal facilities at Barnwell, in the State of South Carolina; Richland, in the State of Washington; or Beatty, in the State of Nevada.
(14) **State** — The term “State” means any State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** It is the purpose of this section—
(1) to recognize the interests of the States in the peaceful uses of atomic energy, and to clarify the respective responsibilities under this chapter of the States and the Commission with respect to the regulation of byproduct, source, and special nuclear materials;
(2) to recognize the need, and establish programs for, cooperation between the States and the Commission with respect to control of radiation hazards associated with use of such materials;
(3) to promote an orderly regulatory pattern between the Commission and State governments with respect to nuclear development and use and regulation of byproduct, source, and special nuclear materials;
(4) to establish procedures and criteria for discontinuance of certain of the Commission’s regulatory responsibilities with respect to byproduct, source, and special nuclear materials, and the assumption thereof by the States;
(5) to provide for coordination of the development of radiation standards for the guidance of Federal agencies and cooperation with the States; and
(6) to recognize that, as the States improve their capabilities to regulate effectively such materials, additional legislation may be desirable.
**(b) Agreements with States** Except as provided in subsection (c), the Commission is authorized to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission under subchapters V, VI, and VII of this division, and [section 2201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2201&num=0&edition=prelim), with respect to any one or more of the following materials within the State:
(1) Byproduct materials (as defined in [section 2014(e) of this title
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2021
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Federal policy** — It is the policy of the Federal Government that the responsibilities of the States under [section 2021c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021c&num=0&edition=prelim) for the disposal of low-level radioactive waste can be most safely and effectively managed on a regional basis.
(2) **Interstate compacts** — To carry out the policy set forth in paragraph (1), the States may enter into such compacts as may be necessary to provide for the establishment and operation of regional disposal facilities for low-level radioactive waste.
**(b) Applicability to Federal activities**
(1) **In general**
(A) *Activities of the Secretary* — Except as provided in subparagraph (B), no compact or action taken under a compact shall be applicable to the transportation, management, or disposal of any low-level radioactive waste designated in section 2021c(a)(1)(B)(i)–(iii) of this title.
(B) *Federal low-level radioactive waste disposed of at non-Federal facilities* — Low-level radioactive waste owned or generated by the Federal Government that is disposed of at a regional disposal facility or non-Federal disposal facility within a State that is not a member of a compact shall be subject to the same conditions, regulations, requirements, fees, taxes, and surcharges imposed by the compact commission, and by the State in which such facility is located, in the same manner and to the same extent as any low-level radioactive waste not generated by the Federal Government.
(2) **Federal low-level radioactive waste disposal facilities** — Any low-level radioactive waste disposal facility established or operated exclusively for the disposal of low-level radioactive waste owned or generated by
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2021d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability of disposal capacity**
(1) **Pressurized water and boiling water reactors** — During the seven-year period beginning January 1, 1986 and ending December 31, 1992, subject to the provisions of subsections (b) through (g), each State in which there is located a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) shall make disposal capacity available for low-level radioactive waste generated by pressurized water and boiling water commercial nuclear power reactors in accordance with the allocations established in subsection (c).
(2) **Other sources of low-level radioactive waste** — During the seven-year period beginning January 1, 1986 and ending December 31, 1992, subject to the provisions of subsections (b) through (g), each State in which there is located a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) shall make disposal capacity available for low-level radioactive waste generated by any source not referred to in paragraph (1).
(3) **Allocation of disposal capacity**
(A) During the seven-year period beginning January 1, 1986 and ending December 31, 1992, low-level radioactive waste generated within a sited compact region shall be accorded priority under this section in the allocation of available disposal capacity at a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) and located in the sited compact region in which such waste is generated.
(B) Any State in which a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) is located may, subject to the provisions of its compact, prohibit the disposal at such facility of low-level radioactive waste generated outside of the compact region if the disposa
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2021e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No provision of this chapter, or of the Low-Level Radioactive Waste Policy Act [[42 U.S.C. 2021b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021b&num=0&edition=prelim) et seq.], may be construed to prohibit or otherwise restrict the authority of any State to regulate, on the basis of radiological hazard, the disposal or off-site incineration of low-level radioactive waste, if the Nuclear Regulatory Commission, after October 24, 1992, exempts such waste from regulation.
**(b) Relation to other State authority** This section may not be construed to imply preemption of existing State authority. Except as expressly provided in subsection (a), this section may not be construed to confer on any State any additional authority to regulate activities licensed by the Nuclear Regulatory Commission.
**(c) Definitions** For purposes of this section:
(1) The term “low-level radioactive waste” means radioactive material classified by the Nuclear Regulatory Commission as low-level radioactive waste on October 24, 1992.
(2) The term “off-site incineration” means any incineration of radioactive materials at a facility that is located off the site where such materials were generated.
(3) The term “State” means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2023
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No person may transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, own, possess, import, or export any byproduct material, except to the extent authorized by this section, section 2112 or [section 2114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2114&num=0&edition=prelim). The Commission is authorized to issue general or specific licenses to applicants seeking to use byproduct material for research or development purposes, for medical therapy, industrial uses, agricultural uses, or such other useful applications as may be developed. The Commission may distribute, sell, loan, or lease such byproduct material as it owns to qualified applicants with or without charge: Provided, however, That, for byproduct material to be distributed by the Commission for a charge, the Commission shall establish prices on such equitable basis as, in the opinion of the Commission, (a) will provide reasonable compensation to the Government for such material, (b) will not discourage the use of such material or the development of sources of supply of such material independent of the Commission, and (c) will encourage research and development. In distributing such material, the Commission shall give preference to applicants proposing to use such material either in the conduct of research and development or in medical therapy. The Commission shall not permit the distribution of any byproduct material to any licensee, and shall recall or order the recall of any distributed material from any licensee, who is not equipped to observe or who fails to observe such safety standards to protect health as may be established by the Commission or who uses such material in violation of law or regulation of the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2111
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Federal law — U.S. Code and appendices · legal_authorities
Page 5377
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2021b
‘‘(b) The total amount obligated for the project by
the Secretary shall be 90 per centum of the costs of the
project.
‘‘(c) The authority of the Secretary to enter into con-
tracts under this Act shall be effective for any fiscal
year only to such extent or in such amounts as are pro-
vided in advance by appropriation Acts.
‘‘SEC. 4. Not later than February 1, 1981, and on Feb-
ruary 1 of each calendar year thereafter during the
term of the project, the Secretary shall transmit to the
Speaker of the House of Representatives and the Presi-
dent pro tempore of the Senate an up-to-date report
containing a detailed description of the activities of
the Secretary in carrying out the project, including
agreements entered into and the costs incurred during
the period reported on and the activities to be under-
taken in the next fiscal year and the estimated costs
thereof.
‘‘SEC. 5. (a) Other than the costs and responsibilities
established by this Act for the project, nothing in this
Act shall be construed as affecting any rights, obliga-
tions, or liabilities of the commercial operator of the
Center, the State, or any person, as is appropriate, aris-
ing under the Atomic Energy Act of 1954 [this chapter]
or under any other law, contract, or agreement for the
operation, maintenance, or decontamination of any fa-
cility or property at the Center or for any wastes at the
Center. Nothing in this Act shall be construed as af-
fecting any applicable licensing requirement of the
Atomic Energy Act of 1954 or the Energy Reorganiza-
tion Act of 1974 [section 5801 et seq. of this title]. This
Act shall not apply or be extended to any facility or
property at the Center which is not used in conducting
the proje
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2021b
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