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42 U.S.C. § 2021d — Regional compacts for disposal of low-level radioactive waste
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
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Stable record: federal_law:legal_authorities:record_usc_91bc91cc42631e2b7902cdaa
Source file: Laws/federal/codes/united-states-code/title-42/section-2021d-regional-compacts-for-disposal-of-low-level-radioactive-waste--bc77e696cb.md
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Source location: Title 42, Chapter 23, § 2021d; chapter-023-development-and-control-of-atomic-energy.md
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**(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 the Federal Government shall not be subject to any compact or any action taken under a compact.
(3) **Effect of compacts on Federal law** — Nothing contained in sections 2021b to 2021j of this title or any compact may be construed to confer any new authority on any compact commission or State—
(A) to regulate the packaging, generation, treatment, storage, disposal, or transportation of low-level radioactive waste in a manner incompatible with the regulations of the Nuclear Regulatory Commission or inconsistent with the regulations of the Department of Transportation;
(B) to regulate health, safety, or environmental hazards from source material, byproduct material, or special nuclear material;
(C) to inspect the facilities of licensees of the Nuclear Regulatory Commission;
(D) to inspect security areas or operations at the site of the generation of any low-level radioactive waste by the Federal Government, or to inspect classified information related to such areas or operations; or
(E) to require indemnification pursuant to the provisions of chapter 171 of title 28 (commonly referred to as the Federal Tort Claims Act), or [section 2210 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210&num=0&edition=prelim), whichever is applicable.
(4) **Federal authority** — Except as expressly provided in sections 2021b to 2021j of this title, nothing contained in sections 2021b to 2021j of this title or any compact may be construed to limit the applicability of any Federal law or to diminish or otherwise impair the jurisdiction of any Federal agency, or to alter, amend, or otherwise affect any Federal law governing the judicial review of any action taken pursuant to any compact.
(5) **State authority preserved** — Except as expressly provided in sections 2021b to 2021j of this title, nothing contained in sections 2021b to 2021j of this title expands, diminishes, or otherwise affects State law.
**(c) Restricted use of regional disposal facilities** Any authority in a compact to restrict the use of the regional disposal facilities under the compact to the disposal of low-level radioactive waste generated within the compact region shall not take effect before each of the following occurs:
(1) January 1, 1986; and
(2) the Congress by law consents to the compact.
**(d) Congressional review** Each compact shall provide that every 5 years after the compact has taken effect the Congress may by law withdraw its consent.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of financial protection for licensees** Each license issued under section 2133 or 2134 of this title and each construction permit issued under [section 2235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2235&num=0&edition=prelim) shall, and each license issued under section 2073, 2093, or 2111 of this title may, for the public purposes cited in [section 2012(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2012/i&num=0&edition=prelim), have as a condition of the license a requirement that the licensee have and maintain financial protection of such type and in such amounts as the Nuclear Regulatory Commission (in this section referred to as the “Commission”) in the exercise of its licensing and regulatory authority and responsibility shall require in accordance with subsection (b) to cover public liability claims. Whenever such financial protection is required, it may be a further condition of the license that the licensee execute and maintain an indemnification agreement in accordance with subsection (c). The Commission may require, as a further condition of issuing a license, that an applicant waive any immunity from public liability conferred by Federal or State law.
**(b) Amount and type of financial protection for licensees**
(1) The amount of primary financial protection required shall be the amount of liability insurance available from private sources, except that the Commission may establish a lesser amount on the basis of criteria set forth in writing, which it may revise from time to time, taking into consideration such factors as the following: (A) the cost and terms of private insurance, (B) the type, size, and location of the licensed activity and ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2210
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2021b
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Each State shall be responsible for providing, either by itself or in cooperation with other States, for the disposal of—
(A) low-level radioactive waste generated within the State (other than by the Federal Government) that consists of or contains class A, B, or C radioactive waste as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983;
(B) low-level radioactive waste described in subparagraph (A) that is generated by the Federal Government except such waste that is—
(i) owned or generated by the Department of Energy;
(ii) owned or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy; or
(iii) owned or generated as a result of any research, development, testing, or production of any atomic weapon; and
(C) low-level radioactive waste described in subparagraphs (A) and (B) that is generated outside of the State and accepted for disposal in accordance with sections 11 So in original. Probably should be “section”. 2021e or 2021f of this title.
(2) No regional disposal facility may be required to accept for disposal any material—
(A) that is not low-level radioactive waste as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983, or
(B) identified under the Formerly Utilized Sites Remedial Action Program.
Nothing in this paragraph shall be deemed to prohibit a State, subject to the provisions of its compact, or a compact region from accepting for disposal any material identified in subparagraph (A) or (B).
**(b)**
(1) The Federal Government shall be responsible for the disposal of—
(A) low-level radioactive waste owned or generated by the Department of Energy;
(B) low-level
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2021c
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Federal law — U.S. Code and appendices · legal_authorities
Page 5379
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2021d
(2) All radioactive waste designated a Federal
responsibility
pursuant
to
subparagraph
(b)(1)(D) that results from activities licensed by
the Nuclear Regulatory Commission under the
Atomic Energy Act of 1954, as amended, shall be
disposed of in a facility licensed by the Nuclear
Regulatory Commission that the Commission
determines is adequate to protect the public
health and safety.
(3) Not later than 12 months after January 15,
1986, the Secretary shall submit to the Congress
a comprehensive report setting forth the rec-
ommendations of the Secretary for ensuring the
safe disposal of all radioactive waste designated
a Federal responsibility pursuant to subpara-
graph (b)(1)(D). Such report shall include—
(A) an identification of the radioactive
waste involved, including the source of such
waste, and the volume, concentration, and
other relevant characteristics of such waste;
(B) an identification of the Federal and non-
Federal options for disposal of such radio-
active waste;
(C) a description of the actions proposed to
ensure the safe disposal of such radioactive
waste;
(D) a description of the projected costs of
undertaking such actions;
(E) an identification of the options for en-
suring that the beneficiaries of the activities
resulting in the generation of such radioactive
wastes bear all reasonable costs of disposing of
such wastes; and
(F) an identification of any statutory au-
thority required for disposal of such waste.
(4) The Secretary may not dispose of any ra-
dioactive waste designated a Federal responsi-
bility pursuant to paragraph (b)(1)(D) that be-
comes a Federal responsibility for the first time
pursuant to such paragraph until ninety days
after the report pre
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2021d
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