42 U.S.C. § 2022 — Health and environmental standards for

Page 5389 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2022 1 So in original. Probably should be ‘‘States’’. site closure, and environmental monitoring, as necessary to meet the performance objectives established by the Commission for a licensed low-level radioactive waste disposal facility. The Commission shall specify and publish such requirements in a manner and form deemed ap- propriate by the Commission. (Pub. L. 96–573, § 8, as added Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1858.) 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. § 2021i. Licensing review and approval In order to ensure the timely development of new low-level radioactive waste disposal facili- ties, the Nuclear Regulatory Commission or, as appropriate, agreement States, shall consider an application for a disposal facility license in ac- cordance with the laws applicable to such appli- cation, except that the Commission and the agreement state 1 shall— (1) not later than 12 months after January 15, 1986, establish procedures and develop the technical capability for processing applica- tions for such licenses; (2) to the extent practicable, complete all activities associated with the review and proc- essing of any application for such a license (except for public hearings) no later than 15 months after the date of receipt of such appli- cation; and (3) to the extent practicable, consolidate all required technical and environmental reviews and public hearings. (Pub. L. 96–573, § 9, as added Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1859.) 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. § 2021j. Radioactive waste below regulatory con- cern (a) Not later than 6 months after January 15, 1986, the Commission shall establish standards and procedures, pursuant to existing authority, and develop the technical capability for consid- ering and acting upon petitions to exempt spe- cific radioactive waste streams from regulation by the Commission due to the presence of radio- nuclides in such waste streams in sufficiently low concentrations or quantities as to be below regulatory concern. (b) The standards and procedures established by the Commission pursuant to subsection (a) shall set forth all information required to be submitted to the Commission by licensees in support of such petitions, including, but not limited to— (1) a detailed description of the waste mate- rials, including their origin, chemical com- position, physical state, volume, and mass; and (2) the concentration or contamination lev- els, half-lives, and identities of the radio- nuclides present. Such standards and procedures shall provide that, upon receipt of a petition to exempt a spe- cific radioactive waste stream from regulation by the Commission, the Commission shall deter- mine in an expeditious manner whether the con- centration or quantity of radionuclides present in such waste stream requires regulation by the Commission in order to protect the public health and safety. Where the Commission deter- mines that regulation of a radioactive waste stream is not necessary to protect the public health and safety, the Commission shall take such steps as may be necessary, in an expedi- tious manner, to exempt the disposal of such ra- dioactive waste from regulation by the Commis- sion. (Pub. L. 96–573, § 10, as added Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1859.) 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. § 2022. Health and environmental standards for uranium mill tailings (a) Promulgation and revision of rules for pro- tection from hazards at inactive or deposi- tory sites As soon as practicable, but not later than Oc- tober 1, 1982, the Administrator of the Environ- mental Protection Agency (hereinafter referred to in this section as the ‘‘Administrator’’) shall, by rule, promulgate standards of general appli- cation (including standards applicable to li- censes under section 104(h) of the Uranium Mill Tailings Radiation Control Act of 1978 [42 U.S.C. 7914(h)]) for the protection of the public health, safety, and the environment from radiological and nonradiological hazards associated with re- sidual radioactive materials (as defined in sec- tion 101 of the Uranium Mill Tailings Radiation Control Act of 1978 [42 U.S.C. 7911]) located at in- active uranium mill tailings sites and deposi- tory sites for such materials selected by the Secretary of Energy, pursuant to title I of the Uranium Mill Tailings Radiation Control Act of 1978 [42 U.S.C. 7911 et seq.]. Standards promul- gated pursuant to this subsection shall, to the maximum extent practicable, be consistent with the requirements of the Solid Waste Disposal Act, as amended [42 U.S.C. 6901 et seq.]. In estab- lishing such standards, the Administrator shall consider the risk to the public health, safety, and the environment, the environmental and economic costs of applying such standards, and such other factors as the Administrator deter- mines to be appropriate. The Administrator may periodically revise any standard promulgated pursuant to this subsection. After October 1, 1982, if the Administrator has not promulgated standards in final form under this subsection, any action of the Secretary of Energy under Page 5390 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2022 title I of the Uranium Mill Tailings Radiation Control Act of 1978 which is required to comply with, or be taken in accordance with, standards of the Administrator shall comply with, or be taken in accordance with, the standards pro- posed by the Administrator under this sub- section until such time as the Administrator promulgates such standards in final form. (b) Promulgation and revision of rules for pro- tection from hazards at processing or dis- posal sites (1) As soon as practicable, but not later than October 31, 1982, the Administrator shall, by rule, propose, and within 11 months thereafter promulgate in final form, standards of general application for the protection of the public health, safety, and the environment from radio- logical and nonradiological hazards associated with the processing and with the possession, transfer, and disposal of byproduct material, as defined in section 2014(e)(2) of this title, at sites at which ores are processed primarily for their source material content or which are used for the disposal of such byproduct material. If the Administrator fails to promulgate standards in final form under this subsection by October 1, 1983, the authority of the Administrator to pro- mulgate such standards shall terminate, and the Commission may take actions under this chap- ter without regard to any provision of this chap- ter requiring such actions to comply with, or be taken in accordance with, standards promul- gated by the Administrator. In any such case, the Commission shall promulgate, and from time to time revise, any such standards of gen- eral application which the Commission deems necessary to carry out its responsibilities in the conduct of its licensing activities under this chapter. Requirements established by the Com- mission under this chapter with respect to by- product material as defined in section 2014(e)(2) of this title shall conform to such standards. Any requirements adopted by the Commission respecting such byproduct material before pro- mulgation by the Commission of such standards shall be amended as the Commission deems nec- essary to conform to such standards in the same manner as provided in subsection (f)(3). Nothing in this subsection shall be construed to prohibit or suspend the implementation or enforcement by the Commission of any requirement of the Commission respecting byproduct material as defined in section 2014(e)(2) of this title pending promulgation by the Commission of any such standard of general application. In establishing such standards, the Administrator shall consider the risk to the public health, safety, and the en- vironment, the environmental and economic costs of applying such standards, and such other factors as the Administrator determines to be appropriate. (2) Such generally applicable standards pro- mulgated pursuant to this subsection for non- radiological hazards shall provide for the protec- tion of human health and the environment con- sistent with the standards required under sub- title C of the Solid Waste Disposal Act, as amended [42 U.S.C. 6921 et seq.], which are appli- cable to such hazards: Provided, however, That no permit issued by the Administrator is required under this chapter or the Solid Waste Disposal Act, as amended [42 U.S.C. 6901 et seq.], for the processing, possession, transfer, or disposal of byproduct material, as defined in section 2014(e)(2) of this title. The Administrator may periodically revise any standard promulgated pursuant to this subsection. Within three years after such revision of any such standard, the Commission and any State permitted to exercise authority under section 2021(b)(2) of this title shall apply such revised standard in the case of any license for byproduct material as defined in section 2014(e)(2) of this title or any revision thereof. (c) Publication in Federal Register; notice and hearing; consultations; judicial review; time for petition; venue; copy to Administrator; record; administrative jurisdiction; review by Supreme Court; effective date of rule (1) Before the promulgation of any rule pursu- ant to this section, the Administrator shall pub- lish the proposed rule in the Federal Register, together with a statement of the research, anal- ysis, and other available information in support of such proposed rule, and provide a period of public comment of at least thirty days for writ- ten comments thereon and an opportunity, after such comment period and after public notice, for any interested person to present oral data, views, and arguments at a public hearing. There shall be a transcript of any such hearing. The Administrator shall consult with the Commis- sion and the Secretary of Energy before promul- gation of any such rule. (2) Judicial review of any rule promulgated under this section may be obtained by any inter- ested person only upon such person filing a peti- tion for review within sixty days after such pro- mulgation in the United States court of appeals for the Federal judicial circuit in which such person resides or has his principal place of busi- ness. A copy of the petition shall be forthwith transmitted by the clerk of court to the Admin- istrator. The Administrator thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which such rule was based as provided in section 2112 of title 28. The court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5 and to grant appropriate relief as pro- vided in such chapter. The judgement of the court affirming, modifying, or setting aside, in whole or in part, any such rule shall be final, subject to judicial review by the Supreme Court of the United States upon certiorari or certifi- cation as provided in section 1254 of title 28. (3) Any rule promulgated under this section shall not take effect earlier than sixty calendar days after such promulgation. (d) Federal and State implementation and en- forcement Implementation and enforcement of the stand- ards promulgated pursuant to subsection (b) of this section shall be the responsibility of the Commission in the conduct of its licensing ac- tivities under this chapter. States exercising au- thority pursuant to section 2021(b)(2) of this title shall implement and enforce such stand- ards in accordance with subsection (o) of such section. Page 5391 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2022 (e) Other authorities of Administrator unaffected Nothing in this chapter applicable to byprod- uct material, as defined in section 2014(e)(2) of this title, shall affect the authority of the Ad- ministrator under the Clean Air Act of 1970, as amended [42 U.S.C. 7401 et seq.], or the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.]. (f) Implementation or enforcement of Uranium Mill Licensing Requirements (1) Prior to January 1, 1983, the Commission shall not implement or enforce the provisions of the Uranium Mill Licensing Requirements pub- lished as final rules at 45 Federal Register 65521 to 65538 on October 3, 1980 (hereinafter in this subsection referred to as the ‘‘October 3 regula- tions’’). After December 31, 1982, the Commis- sion is authorized to implement and enforce the provisions of such October 3 regulations (and any subsequent modifications or additions to such regulations which may be adopted by the Commission), except as otherwise provided in paragraphs (2) and (3) of this subsection. (2) Following the proposal by the Adminis- trator of standards under subsection (b), the Commission shall review the October 3 regula- tions, and, not later than 90 days after the date of such proposal, suspend implementation and enforcement of any provision of such regula- tions which the Commission determines after notice and opportunity for public comment to require a major action or major commitment by licensees which would be unnecessary if— (A) the standards proposed by the Adminis- trator are promulgated in final form without modification, and (B) the Commission’s requirements are modified to conform to such standards. Such suspension shall terminate on the earlier of April 1, 1984 or the date on which the Commis- sion amends the October 3 regulations to con- form to final standards promulgated by the Ad- ministrator under subsection (b). During the pe- riod of such suspension, the Commission shall continue to regulate byproduct material (as de- fined in section 2014(e)(2) of this title) under this chapter on a licensee-by-licensee basis as the Commission deems necessary to protect public health, safety, and the environment. (3) Not later than 6 months after the date on which the Administrator promulgates final standards pursuant to subsection (b) of this sec- tion, the Commission shall, after notice and op- portunity for public comment, amend the Octo- ber 3 regulations, and adopt such modifications, as the Commission deems necessary to conform to such final standards of the Administrator. (4) Nothing in this subsection may be con- strued as affecting the authority or responsi- bility of the Commission under section 2114 of this title to promulgate regulations to protect the public health and safety and the environ- ment. (Aug. 1, 1946, ch. 724, title I, § 275, as added Pub. L. 95–604, title II, § 206(a), Nov. 8, 1978, 92 Stat. 3039; amended Pub. L. 97–415, §§ 18(a), 22(b), Jan. 4, 1983, 96 Stat. 2077, 2080; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT The Uranium Mill Tailings Radiation Control Act of 1978, referred to in subsec. (a), is Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021. Title I of such act is classified gen- erally to subchapter I (§ 7911 et seq.) of chapter 88 of this title. For complete classification of this act to the Code, see Short Title note set out under section 7901 of this title and Tables. The Solid Waste Disposal Act, as amended, referred to in subsecs. (a) and (b)(2), is title II of Pub. L. 89–272, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. Subtitle C of the Solid Waste Disposal Act is classified generally to sub- chapter III (§ 6921 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. This chapter, referred to in subsecs. (b), (d), (e), and (f)(2), 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 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. The Clean Air Act of 1970, as amended, referred to in subsec. (e), probably means the Clean Air Act, which is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables. The Federal Water Pollution Control Act, as amend- ed, referred to in subsec. (e), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa- ters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. AMENDMENTS 1983—Subsec. (a). Pub. L. 97–415, §§ 18(a)(1), 22(b)(1), substituted ‘‘October 1, 1982’’ for ‘‘one year after No- vember 8, 1978’’ inserted provisions relating to the ap- plication of the Administrator’s proposed standards to actions by the Secretary of Energy in the event the Ad- ministrator fails to promulgate standards in final form after Oct. 1, 1982, and inserted provisions that in estab- lishing standards, the Administrator shall consider risk to public health, safety, and the environment, environ- mental and economic costs of applying such standards, and such other factors as the Administrator determines to be appropriate. Subsec. (b)(1). Pub. L. 97–415, §§ 18(a)(2), (3), 22(b)(2), substituted ‘‘October 31, 1982, the Administrator shall, by rule, propose, and within 11 months thereafter pro- mulgate in final form,’’ for ‘‘eighteen months after No- vember 8, 1978, the Administrator shall, by rule, pro- mulgate’’ inserted provisions relating to the con- sequences of failure by the Administrator to promul- gate standards in final form by Oct. 1, 1983, and inserted provisions that in establishing standards, the Adminis- trator shall consider risk to public health, safety, and the environment, environmental and economic costs of applying such standards, and such other factors as the Administrator determines to be appropriate. Subsec. (f). Pub. L. 97–415, § 18(a)(4), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 8, 1978, see section 208 of Pub. L. 95–604, set out as an Effective Date of 1978 Amend- ment note under section 2014 of this title. 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, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Low-Level Radioactive Waste Policy Act, re- ferred to in subsec. (a), is Pub. L. 96–573, as amended generally by Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1842, which is classified generally to section 2021b et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2021b of this title and Tables. SUBCHAPTER II—ORGANIZATION §§ 2031, 2032. Repealed. Pub. L. 93–438, title I, § 104(a), Oct. 11, 1974, 88 Stat. 1237 Section 2031, act Aug. 1, 1946, ch. 724, § 21, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 924; amended Aug. 9, 1955, ch. 697, § 3, 69 Stat. 630, provided for establishment of Atomic Energy Commission, its composition, Chair- man, acting Chairman, quorum, official spokesman, and seal. Provisions similar to section 2031 were contained in section 1802(a)(1) of this title prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Another prior section 21 of act Aug. 1, 1946, ch. 724, 60 Stat. 775, which provided that act Aug. 1, 1946, could be cited as the Atomic Energy Act of 1946, was set out as a note under section 1801 of this title prior to the gen- eral amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Section 2032, act Aug. 1, 1946, ch. 724, § 22, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 924; amended Sept. 4, 1957, Pub. L. 85–287, § 1, 71 Stat. 612; Aug. 14, 1964, Pub. L. 88–426, title III, § 305(10)(A), 78 Stat. 423, provided for appointment of members of Commission, terms of of- fice, and prohibition from engaging in any other voca- tion, business, or employment, by the members. Provisions similar to section 2032 were contained in section 1802(a)(2) of this title prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 120 days after Oct. 11, 1974, or on such earlier date as the President may prescribe and publish in the Federal Register, see section 312(a) of Pub. L. 93–438, set out as a note under section 5801 of this title. Executive Documents EX. ORD. NO. 9816. TRANSFER OF PROPERTY AND PERSONNEL TO THE ATOMIC ENERGY COMMISSION Ex. Ord. No. 9816, eff. Dec. 31, 1946, 12 F.R. 37, pro- vided: By virtue of the authority vested in me by the Con- stitution and the statutes, including the Atomic En- ergy Act of 1946 [this chapter], and as President of the United States and Commander in Chief of the Army and the Navy, it is hereby ordered and directed as fol- lows: 1. There are transferred to the Atomic Energy Com- mission all interests owned by the United States or any Government agency in the following property: (a) All fissionable material; all atomic weapons and parts thereof; all facilities, equipment, and materials for the processing, production, or utilization of fission- able material or atomic energy; all processes and tech- nical information of any kind, and the source thereof (including data, drawings, specifications, patents, pat- ent applications, and other sources) relating to the processing, production, or utilization of fissionable ma- terial or atomic energy; and all contracts, agreements, leases, patents, applications for patents, inventions and discoveries (whether patented or unpatented), and other rights of any kind concerning any such items. (b) All facilities, equipment, and materials, devoted primarily to atomic energy research and development. 2. There also are transferred to the Atomic Energy Commission all property, real or personal, tangible or intangible, including records, owned by or in the pos- session, custody or control of the Manhattan Engineer District, War Department, in addition to the property described in paragraph 1 above. Specific items of such property, including records, may be excepted from transfer to the Commission in the following manner: (a) The Secretary of War shall notify the Commission in writing as to the specific items of property or records he wishes to except; and (b) If after full examination of the facts by the Com- mission, it concurs in the exception, those specific items of property or records shall be excepted from transfer to the Commission; or (c) If after full examination of the facts by the Com- mission, it does not concur in the exception, the matter shall be referred to the President for decision. 3. The Atomic Energy Commission shall exercise full jurisdiction over all interests and property transferred to the Commission in paragraphs 1 and 2 above, in ac- cordance with the provisions of the Atomic Energy Act of 1946 [this chapter]. 4. Any Government agency is authorized to transfer to the Atomic Energy Commission, at the request of