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42 U.S.C. § 2023 — State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2023 — State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission

**(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.

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Source file: Laws/federal/codes/united-states-code/title-42/section-2023-state-authority-to-regulate-radiation-below-level-of-regulatory-concern--f2b1c22378.md
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Source location: Title 42, Chapter 23, § 2023; chapter-023-development-and-control-of-atomic-energy.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2021b — Definitions

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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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2011 — Congressional declaration of policy

Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that— **(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and **(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2021b — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2023 — State authority to regulate radiation

Page 5392 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2023 § 2023. State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission (a) In general No provision of this chapter, or of the Low- Level Radioactive Waste Policy Act [42 U.S.C. 2021b 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 ra- dioactive waste, if the Nuclear Regulatory Com- mission, 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 sec- tion may not be construed to confer on any State any additional authority to regulate ac- tivities 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 sev- eral States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (Aug. 1, 1946, ch. 724, title I, § 276, as added Pub. L. 102–486, title XXIX, § 2901(a), Oct. 24, 1992, 106 Stat. 3122.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §

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