42 U.S.C. § 2021d — Regional compacts for disposal of low-

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 prepared pursuant to paragraph (3) has been submitted to the Congress. (Pub. L. 96–573, § 3, as added Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1843.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsec. (b)(2), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. January 15, 1986, referred to in subsec. (b)(3), was in the original ‘‘the date of enactment of this Act’’ and was translated as meaning the date of enactment of Pub. L. 99–240 to reflect the probable intent of Con- gress. CODIFICATION Section was enacted as part of the Low-Level Radio- active Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter. PRIOR PROVISIONS A prior section 2021c, Pub. L. 96–573, § 3, Dec. 22, 1980, 94 Stat. 3347, related to the applicability of low-level radioactive waste compacts, prior to repeal by Pub. L. 99–240, § 102. See section 2021d of this title. § 2021d. Regional compacts for disposal of low- level radioactive waste (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 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 para- graph (1), the States may enter into such com- pacts as may be necessary to provide for the establishment and operation of regional dis- posal 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 ra- dioactive waste designated in section 2021c(a)(1)(B)(i)–(iii) of this title. (B) Federal low-level radioactive waste dis- posed of at non-Federal facilities Low-level radioactive waste owned or gen- erated 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 gen- erated by the Federal Government. (2) Federal low-level radioactive waste disposal facilities Any low-level radioactive waste disposal fa- cility established or operated exclusively for the disposal of low-level radioactive waste owned or generated by the Federal Govern- ment 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 transpor- tation of low-level radioactive waste in a manner incompatible with the regulations of the Nuclear Regulatory Commission or in- consistent with the regulations of the De- partment of Transportation; (B) to regulate health, safety, or environ- mental hazards from source material, by- product material, or special nuclear mate- rial; (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 Page 5380 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2021d radioactive waste by the Federal Govern- ment, or to inspect classified information re- lated to such areas or operations; or (E) to require indemnification pursuant to the provisions of chapter 171 of title 28 (com- monly referred to as the Federal Tort Claims Act), or section 2210 of this title, 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 appli- cability of any Federal law or to diminish or otherwise impair the jurisdiction of any Fed- eral 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 com- pact to the disposal of low-level radioactive waste generated within the compact region shall not take effect before each of the following oc- curs: (1) January 1, 1986; and (2) the Congress by law consents to the com- pact. (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. (Pub. L. 96–573, § 4, as added Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1845.) Editorial Notes CODIFICATION Section was enacted as part of the Low-Level Radio- active Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter. PRIOR PROVISIONS A prior section 2021d, Pub. L. 96–573, § 4, Dec. 22, 1980, 94 Stat. 3348, related to policy of Federal Government concerning low-level radioactive waste disposal, imple- mentation of that policy, and a report to Congress and the States to assist in carrying out the policy, prior to repeal by Pub. L. 99–240, § 102. Statutory Notes and Related Subsidiaries TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT ACT Pub. L. 105–236, Sept. 20, 1998, 112 Stat. 1542, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Texas Low-Level Ra- dioactive Waste Disposal Compact Consent Act’. ‘‘SEC. 2. CONGRESSIONAL FINDING. ‘‘The Congress finds that the compact set forth in section 5 is in furtherance of the Low-Level Radio- active Waste Policy Act (42 U.S.C. 2021b et seq.). ‘‘SEC. 3. CONDITIONS OF CONSENT TO COMPACT. ‘‘The consent of the Congress to the compact set forth in section 5— ‘‘(1) shall become effective on the date of the enact- ment of this Act [Sept. 20, 1998]; ‘‘(2) is granted subject to the provisions of the Low- Level Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.); and ‘‘(3) is granted only for so long as the regional com- mission established in the compact complies with all of the provisions of such Act. ‘‘SEC. 4. CONGRESSIONAL REVIEW. ‘‘The Congress may alter, amend, or repeal this Act with respect to the compact set forth in section 5 after the expiration of the 10-year period following the date of the enactment of this Act [Sept. 20, 1998], and at such intervals thereafter as may be provided in such com- pact. ‘‘SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT. ‘‘(a) CONSENT OF CONGRESS.—In accordance with sec- tion 4(a)(2) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of Congress is given to the States of Texas, Maine, and Vermont to enter into the compact set forth in subsection (b). ‘‘(b) TEXT OF COMPACT.—The compact reads substan- tially as follows: [Text of compact appears at 112 Stat. 1543]’’. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT ACT Pub. L. 100–712, Nov. 23, 1988, 102 Stat. 4773, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Southwestern Low- Level Radioactive Waste Disposal Compact Consent Act’[.] ‘‘SEC. 2. CONGRESSIONAL FINDING. ‘‘The Congress finds that the compact set forth in section 5 is in furtherance of the Low-Level Radio- active Waste Policy Act [42 U.S.C. 2021b–2021j]. ‘‘SEC. 3. CONDITIONS OF CONSENT TO COMPACT. ‘‘The consent of the Congress to the compact set forth in section 5— ‘‘(1) shall become effective on the date of the enact- ment of this Act [Nov. 23, 1988]; ‘‘(2) is granted subject to the provisions of the Low- Level Radioactive Waste Policy Act [42 U.S.C. 2021b–2021j]; and ‘‘(3) is granted only for so long as the regional com- mission established in the compact complies with all of the provisions of such Act. ‘‘SEC. 4. CONGRESSIONAL REVIEW. ‘‘The Congress may alter, amend, or repeal this Act with respect to the compact set forth in section 5 after the expiration of the 10-year period following the date of enactment of this Act [Nov. 23, 1988], and at such in- tervals thereafter as may be provided in such compact. ‘‘SEC. 5. SOUTHWESTERN LOW-LEVEL RADIO- ACTIVE WASTE COMPACT. ‘‘In accordance with section 4(a)(2) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of Congress is given to the states of Ari- zona, California, and any eligible states, as defined in article VII of the Southwestern Low-Level Radioactive Waste Disposal Compact, to enter into such compact. Such compact is substantially as follows: [Text of com- pact appears at 102 Stat. 4773]’’. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT CONSENT ACT Pub. L. 100–319, May 19, 1988, 102 Stat. 471, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Appalachian States Low-Level Radioactive Waste Compact Consent Act’. Page 5381 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2021e ‘‘SEC. 2. CONGRESSIONAL FINDING. ‘‘The Congress finds that the compact set forth in section 5 is in furtherance of the Low-Level Radio- active Waste Policy Act [42 U.S.C. 2021b–2021j]. ‘‘SEC. 3. CONDITIONS OF CONSENT TO COMPACT. ‘‘The consent of the Congress to the compact set forth in section 5— ‘‘(1) shall become effective on the date of the enact- ment of this Act [May 19, 1988], ‘‘(2) is granted subject to the provisions of the Low- Level Radioactive Waste Policy Act [42 U.S.C. 2021b–2021j], and ‘‘(3) is granted only for so long as the Appalachian States Low-Level Radioactive Waste Commission, ad- visory committees, and regional boards established in the compact comply with all the provisions of such Act. ‘‘SEC. 4. CONGRESSIONAL REVIEW. ‘‘The Congress may alter, amend, or repeal this Act with respect to the compact set forth in section 5 after the expiration of the 10-year period following the date of the enactment of this Act [May 19, 1988], and at such intervals thereafter as may be provided for in such compact. ‘‘SEC. 5. APPALACHIAN STATES LOW-LEVEL RA- DIOACTIVE WASTE COMPACT. ‘‘In accordance with section 4(a)(2) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(A)(2) [42 U.S.C. 2021d(a)(2)]), the consent of Congress is given to the States of Pennsylvania, West Virginia, and any eli- gible States as defined in Article 5(A) of the Appa- lachian States Low-Level Radioactive Waste Compact to enter into such compact. Such compact is substan- tially as follows: [Text of compact appears at 102 Stat. 471]’’. OMNIBUS LOW-LEVEL RADIOACTIVE WASTE INTERSTATE COMPACT CONSENT ACT Pub. L. 99–240, title II, Jan. 15, 1986, 99 Stat. 1859, pro- vided that: ‘‘SEC. 201. SHORT TITLE. ‘‘This Title may be cited as the ‘Omnibus Low-Level Radioactive Waste Interstate Compact Consent Act’. ‘‘Subtitle A—General Provisions ‘‘SEC. 211. CONGRESSIONAL FINDING. ‘‘The Congress hereby finds that each of the compacts set forth in subtitle B is in furtherance of the Low- Level Radioactive Waste Policy Act [42 U.S.C. 2021b–2021j]. ‘‘SEC. 212. CONDITIONS OF CONSENT TO COMPACTS. ‘‘The consent of the Congress to each of the compacts set forth in subtitle B— ‘‘(1) shall become effective on the date of the enact- ment of this Act [Jan. 15, 1986]; ‘‘(2) is granted subject to the provisions of the Low- Level Radioactive Waste Policy Act, as amended [42 U.S.C. 2021b–2021j]; and ‘‘(3) is granted only for so long as the regional com- mission, committee, or board established in the com- pact complies with all of the provisions of such Act. ‘‘SEC. 213. CONGRESSIONAL REVIEW. ‘‘The Congress may alter, amend, or repeal this Act with respect to any compact set forth in subtitle B after the expiration of the 10-year period following the date of the enactment of this Act [Jan. 15, 1986], and at such intervals thereafter as may be provided in such compact. ‘‘Subtitle B—Congressional Consent to Compacts ‘‘SEC. 221. NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE MANAGE- MENT. ‘‘The consent of Congress is hereby given to the states of Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming to enter into the Northwest Interstate Compact on Low-level Radio- active Waste Management, and to each and every part and article thereof. Such compact reads substantially as follows: [Text of compact appears at 99 Stat. 1860.] ‘‘SEC. 222. CENTRAL INTERSTATE LOW-LEVEL RA- DIOACTIVE WASTE COMPACT. ‘‘The consent of Congress is hereby given to the states of Arkansas, Iowa, Kansas, Louisiana, Min- nesota, Missouri, Nebraska, North Dakota, and Okla- homa to enter into the Central Interstate Low-Level Radioactive Waste Compact, and to each and every part and article thereof. Such compact reads substantially as follows: [Text of compact appears at 99 Stat. 1863.] ‘‘SEC. 223. SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COM- PACT. ‘‘In accordance with section 4(a)(2) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the Congress is hereby given to the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia to enter into the Southeast Interstate Low-Level Radio- active Waste Management Compact. Such compact is substantially as follows: [Text of compact appears at 99 Stat. 1871; 103 Stat. 1289.] ‘‘SEC. 224. CENTRAL MIDWEST INTERSTATE LOW- LEVEL RADIOACTIVE WASTE COMPACT. ‘‘In accordance with section 4(a)(2) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the Congress hereby is given to the States of Illinois and Kentucky to enter into the Cen- tral Midwest Interstate Low-Level Radioactive Waste Compact. Such compact is substantially as follows: [Text of compact appears at 99 Stat. 1880; 108 Stat. 4607.] ‘‘SEC. 225. MIDWEST INTERSTATE LOW-LEVEL RA- DIOACTIVE WASTE MANAGEMENT COMPACT. ‘‘The consent of Congress is hereby given to the States of Iowa, Indiana, Michigan, Minnesota, Mis- souri, Ohio, and Wisconsin to enter into the Midwest Interstate Compact on Low-level Radioactive Waste Management. Such compact is as follows: [Text of com- pact appears at 99 Stat. 1892.] ‘‘SEC. 226. ROCKY MOUNTAIN LOW-LEVEL RADIO- ACTIVE WASTE COMPACT. ‘‘In accordance with section 4(a)(2) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the Congress hereby is given to the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming to enter into the Rocky Mountain Interstate Low-Level Radioactive Waste Compact. Such compact is substantially as follows: [Text of com- pact appears at 99 Stat. 1902.] ‘‘SEC. 227. NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COM- PACT. ‘‘In accordance with section 4(a)(2) of the Low-Level Radioactive Waste Policy Act [42 U.S.C. 2021d(a)(2)], the consent of the Congress is hereby given to the States of Connecticut, New Jersey, Delaware, and Maryland to enter into the Northeast Interstate Low- Level Radioactive Waste Management Compact. Such compact is substantially as follows: [Text of compact appears at 99 Stat. 1910.].’’ § 2021e. Limited availability of certain regional disposal facilities during transition and li- censing periods (a) Availability of disposal capacity (1) Pressurized water and boiling water reac- tors During the seven-year period beginning Jan- uary 1, 1986 and ending December 31, 1992, sub-