42 U.S.C. § 2020 — Licensing of Government agencies

Page 5371 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2021 1 So in original. Probably should not be capitalized. the Atomic Energy Act of 1954, which is classified prin- cipally 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. The Federal Power Act, referred to in text, is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Con- servation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables. § 2020. Licensing of Government agencies Nothing in this chapter shall preclude any Government agency now or hereafter authorized by law to engage in the production, marketing, or distribution of electric energy from obtaining a license under section 2133 of this title, if quali- fied under the provisions of said section, for the construction and operation of production or uti- lization facilities for the primary purpose of pro- ducing electric energy for disposition for ulti- mate public consumption. (Aug. 1, 1946, ch. 724, title I, § 273, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally 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. § 2021. Cooperation with States (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 pro- grams for, cooperation between the States and the Commission with respect to control of ra- diation hazards associated with use of such materials; (3) to promote an orderly regulatory pattern between the Commission and State govern- ments 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 by- product, source, and special nuclear materials, and the assumption thereof by the States; (5) to provide for coordination of the devel- opment of radiation standards for the guid- ance 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 desir- able. (b) Agreements with States Except as provided in subsection (c), the Com- mission 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, with respect to any one or more of the following materials within the State: (1) Byproduct materials (as defined in sec- tion 2014(e) of this title). (2) Source materials. (3) Special nuclear materials in quantities not sufficient to form a critical mass. During the duration of such an agreement it is recognized that the State shall have authority to regulate the materials covered by the agree- ment for the protection of the public health and safety from radiation hazards. (c) Commission regulation of certain activities No agreement entered into pursuant to sub- section (b) shall provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to reg- ulation of— (1) the construction and operation of any production or utilization facility or any ura- nium enrichment facility; (2) the export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility; (3) the disposal into the ocean or sea of by- product, source, or special nuclear waste ma- terials as defined in regulations or orders of the Commission; (4) the disposal of such other byproduct, source, or special nuclear material as the Commission determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Commission. The Commission shall also retain authority under any such agreement to make a determina- tion that all applicable standards and require- ments have been met prior to termination of a license for byproduct material, as defined in sec- tion 2014(e)(2) of this title. Notwithstanding any agreement between the Commission and any State pursuant to subsection (b), the Commis- sion is authorized by rule, regulation, or order to require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pur- suant to a license issued by the Commission. (d) Conditions The Commission shall enter into an agreement under subsection (b) of this section with any State if— (1) The 1 Governor of that State certifies that the State has a program for the control of radiation hazards adequate to protect the pub- lic health and safety with respect to the mate- rials within the State covered by the proposed agreement, and that the State desires to as- sume regulatory responsibility for such mate- rials; and (2) the Commission finds that the State pro- gram is in accordance with the requirements