42 U.S.C. § 2021c — Responsibilities for disposal of low-level

Page 5378 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2021c 1 So in original. Probably should be ‘‘section’’. fined in paragraphs (3) and (4) of section 2014(e) of this title). (10) Non-sited compact region The term ‘‘non-sited compact region’’ means any compact region that is not a sited com- pact region. (11) Regional disposal facility The term ‘‘regional disposal facility’’ means a non-Federal low-level radioactive waste dis- posal facility in operation on January 1, 1985, or subsequently established and operated under a compact. (12) Secretary The term ‘‘Secretary’’ means the Secretary of Energy. (13) Sited compact region The term ‘‘sited compact region’’ means a compact region in which there is located one of the regional disposal facilities at Barnwell, in the State of South Carolina; Richland, in the State of Washington; or Beatty, in the State of Nevada. (14) State The term ‘‘State’’ means any State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (Pub. L. 96–573, § 2, as added Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1842; amended Pub. L. 109–58, title VI, § 651(e)(3)(B), Aug. 8, 2005, 119 Stat. 808.) 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. CONSTITUTIONALITY For information regarding the constitutionality of certain provisions of Low-Level Radioactive Waste Pol- icy Act (sections 2021b to 2021j of this title), see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Anno- tated website, constitution.congress.gov. PRIOR PROVISIONS A prior section 2021b, Pub. L. 96–573, § 2, Dec. 22, 1980, 94 Stat. 3347, related to definitions respecting low-level radioactive waste policy as used in former sections 2021b to 2021d of this title, prior to repeal by Pub. L. 99–240, § 102. AMENDMENTS 2005—Par. (9). Pub. L. 109–58 designated existing pro- visions as subpar. (A), inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respec- tively, and added subpar. (B). Statutory Notes and Related Subsidiaries SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–240, title I, § 101, Jan. 15, 1986, 99 Stat. 1842, provided that: ‘‘This Title [enacting this section and sections 2021c to 2021j of this title, repealing former sections 2021b to 2021d of this title, and enacting and re- pealing a provision set out as a note under this section] may be cited as the ‘Low-Level Radioactive Waste Pol- icy Amendments Act of 1985’.’’ SHORT TITLE Pub. L. 96–573, § 1, as added by Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1842, provided that: ‘‘This Act [enacting sections 2021b to 2021j of this title] may be cited as the ‘Low-Level Radioactive Waste Policy Act’.’’ A prior section 1 of Pub. L. 96–573, which provided that Pub. L. 96–573 [enacting former sections 2021b to 2021d of this title] could be cited as the ‘‘Low-Level Ra- dioactive Waste Policy Act’’, was repealed by Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1842. § 2021c. Responsibilities for disposal of low-level radioactive waste (a)(1) Each State shall be responsible for pro- viding, 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 sec- tion 61.55 of title 10, Code of Federal Regula- tions, as in effect on January 26, 1983; (B) low-level radioactive waste described in subparagraph (A) that is generated by the Fed- eral 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 decommis- sioning of vessels of the United States Navy; or (iii) owned or generated as a result of any research, development, testing, or produc- tion 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 1 2021e or 2021f of this title. (2) No regional disposal facility may be re- quired 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 Fed- eral 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 respon- sible for the disposal of— (A) low-level radioactive waste owned or generated by the Department of Energy; (B) low-level radioactive waste owned or generated by the United States Navy as a re- sult of the decommissioning of vessels of the United States Navy; (C) low-level radioactive waste owned or generated by the Federal Government as a re- sult of any research, development, testing, or production of any atomic weapon; and (D) any other low-level radioactive waste with concentrations of radionuclides that ex- ceed the limits established by the Commission for class C radioactive waste, as defined by section 61.55 of title 10, Code of Federal Regu- lations, as in effect on January 26, 1983. 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