42 U.S.C. § 7941 — Study of authority for regulation and control of residual radioactive materials at New Mexico sites for protection of public health, safety, and the environment; report to Congress and Secretary; basis for determination of inadequacy of authority; interim regulation pending completion of study
submitted 48 years ago by Pub. L. 95-604 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 275 words · no verdicts yet
The Commission must study whether it and New Mexico have enough legal power to control leftover radioactive waste at two named uranium mill sites. It must report to Congress and the Secretary within one year, explaining any gaps in authority. States and the Commission can still act on the waste before the study finishes.
This section orders a study about two specific uranium mill sites in New Mexico: the former Homestake-New Mexico Partners site near Milan, and the Anaconda carbonate process tailings site near Bluewater.
The Commission (the Nuclear Regulatory Commission) must work with the U.S. Attorney General and New Mexico's Attorney General to study one question: do the Commission and the State* of New Mexico already have enough legal authority — under the Atomic Energy Act of 1954, under state authority allowed by section 274 of that Act, or under any other law — to make the owners of these two sites clean up and control the leftover radioactive material there, to protect public health, safety, and the environment?
The study must be finished, and a report sent to Congress and the Secretary*, within one year after November 8, 1978. The report must include any recommendations.
If the Commission decides its authority (or New Mexico's) is not adequate to handle the material the way the law describes, the report must explain why the Commission reached that conclusion.
Finally, this section does not freeze anyone's hands while the study is happening. A state can still act under section 274 of the Atomic Energy Act or any other law, and the Commission can still act too, to regulate the leftover radioactive material at these sites before the study is done.
The Commission, in consultation with the Attorney General and the Attorney General of the State* of New Mexico, shall conduct a study to determine the extent and adequacy of the authority of the Commission and the State of New Mexico to require, under the Atomic Energy Act of 1954 (as amended by title II of this Act) [42 U.S.C. 2011 et seq.] or under State authority as permitted under section 274 of such Act [42 U.S.C. 2021] or under other provision of law, the owners of the following active uranium mill sites to undertake appropriate action to regulate and control all residual radioactive materials at such sites to protect public health, safety, and the environment: the former Homestake-New Mexico Partners site near Milan, New Mexico, and the Anaconda carbonate process tailings site near Bluewater, New Mexico. Such study shall be completed and a report thereof submitted to the Congress and to the Secretary* within one year after November 8, 1978, together with such recommendations as may be appropriate. If the Commission determines that such authority is not adequate to regulate and control such materials at such sites in the manner provided in the first sentence of this section, the Commission shall include in the report a statement of the basis for such determination. Nothing in this chapter shall be construed to prevent or delay action by a State as permitted under section 274 of the Atomic Energy Act of 1954 [42 U.S.C. 2021] or under any other provision of law or by the Commission to regulate such residual radioactive materials at such sites prior to completion of such study.
Source credit: (Pub. L. 95–604, title III, § 301, Nov. 8, 1978, 92 Stat. 3042.)
- 1978Enacted · Pub. L. 95-604 · 92 Stat. 3042
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-604 on 1978-11-08.
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