42 U.S.C. § 2023 — State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission

(a) General rule. Nothing in this chapter or the Low-Level Radioactive Waste Policy Act (42 U.S.C. § 2021b et seq.) may be read to prohibit or limit a State’s authority to regulate, because of radiological danger, the disposal or off-site incineration of low-level radioactive waste if the Nuclear Regulatory Commission^*, after October 24, 1992, exempts that waste from regulation.

(b) Relationship to other State authority. This section does not imply that existing State authority is preempted. Except as subsection (a) expressly provides, this section does not give a State any additional authority to regulate activities licensed by the Commission.

(c) Definitions. For this section:
(1) “Low-level radioactive waste” means radioactive material that the Commission classified as low-level radioactive waste on October 24, 1992.
(2) “Off-site incineration” means incinerating radioactive materials at a facility located away from the place where the materials were generated.
(3) “State” means each State, the District of Columbia, and every commonwealth, territory, or possession of the United States.