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

submitted 40 years ago by Pub. L. 96-573 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 641 words · no verdicts yet

in plain englishAI-generated · not legal advice

States are responsible for disposing of most low-level radioactive waste generated in them or accepted by them. The Federal Government is responsible for specified Department of Energy, Navy, atomic-weapons, and above-Class-C waste, and the Secretary must report on safe disposal of that waste.

(a)(1) Each State, alone or with other States, must provide disposal for low-level waste generated in the State, other than Federal waste, consisting of or containing Class A, B, or C waste under the regulation identified in the section. It must also provide disposal for such Federal waste except waste owned or generated by the Department of Energy, generated by Navy vessel decommissioning, or resulting from atomic-weapons research, development, testing, or production. It must provide disposal for covered waste generated outside the State and accepted under sections 2021e or 2021f. (2) A regional facility cannot be required to accept material outside the section’s definition of low-level waste or material identified under the Formerly Utilized Sites Remedial Action Program, although a State or compact may accept it. (b)(1) The Federal Government must dispose of: (A) DOE waste; (B) Navy vessel-decommissioning waste; (C) Federal atomic-weapons waste; and (D) other low-level waste whose radionuclide concentrations exceed the Commission’s Class C limits. (2) Waste under (D) from Commission-licensed activities must go to a Commission-licensed facility the Commission finds protects public health and safety. (3) Within 12 months after January 15, 1986, the Secretary must report to Congress recommendations for safe disposal, identifying the waste and its source, volume, concentration, and characteristics; Federal and non-Federal disposal choices; proposed safety actions; projected costs; ways to make beneficiaries pay reasonable disposal costs; and needed legal authority. (4) The Secretary may not dispose of waste that first becomes Federal responsibility under (D) until 90 days after that report is submitted.

the actual law source: uscode.house.gov ↗public domain

(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 1 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 radioactive waste owned or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy;

(C)

low-level radioactive waste owned or generated by the Federal Government as a result of any research, development, testing, or production of any atomic weapon; and

(D)

any other low-level radioactive waste with concentrations of radionuclides that exceed the limits established by the Commission for class C radioactive waste, as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983.

(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 recommendations of the Secretary for ensuring the safe disposal of all radioactive waste designated a Federal responsibility pursuant to subparagraph (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 radioactive 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 ensuring 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 authority required for disposal of such waste.

(4)

The Secretary may not dispose of any radioactive waste designated a Federal responsibility pursuant to paragraph (b)(1)(D) that becomes 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.

Source credit: (Pub. L. 96–573, § 3, as added Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1843.)

history & why it existsrecord from the source credit

1986Enacted · Pub. L. 96-573 · 99 Stat. 1843

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-573 on 1986-01-15.

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