ML20214K797

Nuclear Regulatory Legislation

ML20214K797
Person / Time
Issue date:	04/30/1987
From:	Hospodor S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
References
NUREG-0980, NUREG-0980-R03, NUREG-980, NUREG-980-R3, NUDOCS 8705290061
Download: ML20214K797 (115)

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NUREG-0980 i O

Nuclear Regulatory Legislation l i

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U.S. Nuclear Regulatory Commission of the General Counsel June 1984 I

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8705290061 870430 PDR NUREG 0980 R PDR

Available from Superintendent of Documents U.S. Government Printing Office Post Office Box 37082 Washington, DC 20013 7082 1

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National Technical Information Service )

Springfield,VA 22161 O

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5 UNITED STATES NUCLEAR REGULATORY COMMISSION ,

WASHINGTON, DC 20555 i i

l REVISION NO. 3 TO NUREG-0980 i NUCLEAR REGULATORY LEGISLATION i j

The attached pages represent the latest revisions to NUREG-0980.  ;

< Page changes are as follows: 1

J Section of NUREG-0980 Remove Insert j y, i

! Cover Cover Cover Title Page Title Page Title Page Foreword pg. (I l) pg.(11)

• Part 1-The Atomic Energy pgs. 3-4 pgs. 3 ,

Act of 1954 as amended pgs. 49-50 pgs.49-50a 2 pgs. 61-62 pgs.61-62b l pgs. 67-68 pgs. 67-68 -

! pgs. 77-78 pgs. 77-78  ;

pgs.107-108 pgs.107-108  ;

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l r Part Ill- NRC Authoriza- ----

pgs. 244a-244d >

tion Acts (place after '

pg.244) s Appendix 9 pg. A.9.15 pgs. A.9.15-

) NRC Appropri~a tions A.9.16 Appendix 31 pgs. A.31.1- pgs. A.31.1-

. Low Level Radioactive . A.31.2 A.31.83 Waste Policy Act 1

1 Appendix 34 pgs. A.34.1- pgs. A.34.1-4 Tenure of Office of AEC A.34.2 A.34.2 and NRC Commissioners I

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FOREWORD y This compilation of statutes and material pertaining to nuclear regulatory legislation through the 99th Congress,2nd Session, has been prepared by the Office of the General Counsel, U.S. Nuclear Regulatory Commission, with the assistance of staff, for use as an internal resource document. Persons using this document are placed on notice that it may not be used as an authoritative citation in lieu of the primary legislative sources. Furthermore, while every effort has i been made to ensure the completeness and accuracy of this material, neither the

' United States Government,the Nuclear Regulatory Comnussaon, nor any of their employees makes any expressed or implied warranty or assumes liability for the accuracy or completeness of the material presented in this compilation.

If you have any questions concerning this compilation, please contact Sarah Hospodor, legislative Specialist, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555.

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3 2184 "Sec.154. Injunctions.

2185

/,,,.s% "Sec.155. Pnor Art. 2186

) "Sec.156. Comminion Patent utenses.

(

3 / "Sec.157. Compensation, Awards, and Royalties. 2187 b# 2188 "Sec.158. Monopolestic, Use of Patents.

"Sec.159. Federally Unanced Research. 2189 2190 "Sec.160. Saving Clause.

"Oi APTE R I4. GENERAL AUlHORI1Y 42 U.S C. sec. 2201 "Sec.168. General Provisions.

2202 "Sec.162. Contracts.

"Sec.163. Advisory Committees. 2203

• Sec.164. Electric Utility Contracts. 2204 2205 "Sec.165. Contract Practices.

"Sec.166. Comptroller General Audit. 2206 2207 "Sec.167. Onim Settlements.

"Sec.168. Payments in Ucu of Tases. 2208 2209 "Sec.169. No Subsidy.

• Sec.170. Indemndication and Umitation of Hab.hty. 2210

• Sec.170A. Conflicts of Interest Relating to Contracts and other Arrangements. 2210m

• CHAPTER 15. COMPENSATION FOR Parv Att Paort RTv Acg0 Rt D

-Sec.178. Just Compensation. 2221 "Sec.172. Condemnation of Real Progrty. 2222 "Sec.173. Patent Application Disclosures. 2223 "Sec.174. Attorney General Approvalof Title. 2224

• CH APTER 16, JUDICIAL REslEw AND ADMindl5TR ATnE PROCEDORE 2231

• Sec.181. General.

2232 "Sec.182. Ucense Applcations.

"Sec.183. Terms of bcenses. 2233 "Sec.184. Inalienability of Ucenses. 2234

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"Sec.185. Construction Permits. 2235

) *Sec.186. Revocation. 2236 J *Sec.187. Modification of Ucense. 2237 "Sec.188. Continued Operation of Facilities. 2238 "Sec.189. Heermgs and Judicial Review. 2139 "Sec.190. Ucensee Incident Reports. 2240

• Sec.191. Atomic Safety and bcensing Board. 2241

• Sec.192. Temporary Operating Ucense. 2242 "CH tril R 18. l.M uuG MW "Sec. 221. General Provisions. 227I "Sec. 222. Violation of Specif's Sections. 2272 "Sec. 223. Violation of Sections GeneraDy. 2273 "Sec. 224. Communication of Restricted Data. 2274 "Sec. 225. Receipt of Restncted Data. 2273 "Sec. 226. Tampering with Restncted Data. 2276 2277

• Sec. 227. Declosure of Restricted Data.

2278 "Sec. 228. Statute of Umitations.

"Sec. 229. Trespass Upon Commission Installations. 2278a "Sec. 230. Photographing,etc., of Commission Installations' 2278b "Sec. 231. Other I.aws. 2279 i

• Sec. 232. Injunction Proceedings. 2280

• Sec. 233. Contempt Proceedings. 228i

• Sec. 234. Ovil Monetary Penalties for Violations of Ucensing Requirements. 2282 "Sec. 235. Protection of Nuclear inspectors. 2283

• Sec. 236. Sabotage of Nuclear Facihties or Fuel. 2284 "CH Arita 19. MISCELLANEOUS "Sec. 241. Transfer of Property. 2015 "Sec. 258. Report to Congress. 20l6 m *Sec. 261. Appropriations. 2017

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• Sec. 278. Agency Jurisdiction.

• Sec. 272. Applicabihty of Federal Power Act.

"Sec. 273. Lacensing of Government Agencies.

2018 2019 2020 "Sec. 2, 'coperation with States. 2021

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4 42 (f.S.C. sec. 2022 "Sec. 275. Health and Ensironmental Standards for Uranium Mill Tailings.

2011 Note "Sec. 28I. Separability.

20!! Note "Sec. 291. Short Title.

"CH APTER 20. JotNT CouutitIE oN Afounc Estant ABot l%Hf D Ft scifoss AND RESPON%:BitlilEs Rf AsucNIo 2258 "Sec. 301. Joint Committee on Atomic Energy Abolished.

"Sec. 302. Transfers of Certain l' unctions of the Jomt Committee on Atomic Energy and Conforming Amendments to Certain Other Laws.

2259 "Sec. 303. Information and Ausstance to Congressional Committees.

" CHAPTER I. DECLARATION, FINDINGS, AND PURPOSE neciarai>on. "SEcuos 1. DectAaAiios-Atomic energy is capable of N'dii- application for peaceful as well as military purposes. It is therefore declared to be the policy of the Umted States that-

"a. the development, use, and control of atomic energy shall be directed so as to make the maximum contnbution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and "b. the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in pnvate enterprise.

rind * "Src.2. Fisoiscs2-The Congress of the United States S.02cad hereby makes the following findmgs concerning the devel-opment, use, and control of atomic energy:

"a. The development, utilization, and control of atomic energy for military and for all other purposes are vital to the common defense and security.

"c.3 The processing and utilization of source, byprod-uct, and special nuclear material affect interstate and for-eign commerce and must be regulated in the national mterest.

"d. The processing and utilization of source, byprod-uct, and special nuclear material mus'. be regulated in the national interest and in order to provide for the common defense and security and to protect the health and safety of the public.

"e. Source and special nuclear material, production facilities, and utilir2 tion facilities are affected with the public interest,and regulation by the United States of the production and utilization of atomic energy and of the facilities used in connection therewith is necessary in the N r a er I c read s : -

"Nothing m this Act shall be deen i J to diminnh eustmg authonty of the United states or of the Atome Energy Commiss..n under the Atoms t ner Act of 1954, as amended ac h >r btrofnuc l'n a na a Ite e ted if nted S t y impositson of governmental guarantees and security ufeguards with respect thereto. In order to assure lhe common defenw and secunty and to protect the health and safety of the puble, or to reduce she responubihty of the Atomsc Inergy commauon to acheve Pub w 88489 (78 stat. 602)(1964). sec. i. deleted subsec. 2 b Subwe. 2 b send as follour

• b. In permittmg the property of the United States to be awd by others such um must be regulated in the natmnat interest and in order to proude for the common defense and secunty and to protect the health and safety of the pubir."

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49 to greater than twenty percent in the isotope 235,

[~'Ni transferred pursuant to the agreement for coopera-(

tion, or recovered from any source or special nuclear G/ material so transferred or from any source or special nuclear material used in any production facihty or utilization facility transferred pursuant to the agree-ment for cooperation, will be stored in any facility that has not been approved in advance by the United States; and

"(9) except in the case of agreements for coopera-tion arranged pursuant to subsection 91 c.,144 b., or 144 c., a guaranty by,the cooperating party that any i special nuclear material, production Tacihty, or utih-zation facility produced or constructed under the jurisdiction of the cooperating party by or through the use of any sensitive nuclear technology trans-ferred pursuant to such agreement for cooperation will be subject to all the requirements specified in this subsection.

The President may exempt a proposed agreement for As=mem cooperation (except an agreement arranged pursuant to "p3","m"'5' subsection 91 c.,144 b., or 144 c.) from any of the require == ==-

ments of the foregoing sentence if he determines that inclusion of any such requirement would be seriously prejudicial to the achievement of United States non-proliferation objectives or otherwise jeopardize the common defense and security. Except in the case of those ew

/'N agreements for cooperation arranged pursuant to subsec **M tion 91 c.,144 b., or 144 c., any proposed agreement for $gga (v) cooperation shall be negotiated by the Secretary of State, woen with the technical assistance and concurrence of the MM Secretary of Energy and in consultation with the Director g=g of the Arms Control and Disarmament Agency (4he en.am.,

Director'); and after consultation with the Commission 12gs.c.2:2s.

shall be submitted to the President jointly by the Secre-tary of State and the Secretary of Energy accompanied by the views and recommendations of the Secretary of I State, the Secretary of Energy, the Nuclear Regulatory Commission, and the Director, who shall also provide to the president an unclassified Nuclear Proliferation Assess-ment Statement ( A) which shall analyze the consistency of the text of the proposed agreement for cooperation with all the requirements of this Act, with specific attention to whether the proposed agreement is consistent with each of the criteria set forth in this subsection, and (Bf* regarding the adequacy of the safeguards and other control mecha-nisms and the peaceful use assurances contained in the agreement for cooperation to ensure that any assistance furnished thereunder will not be used to further any military j

or nuclear explosive purpose. In the case of those agree-

! ments for cooperation arranged pursuant to subsection 91 c.,144 b., or 144 c., any proposed agreement for cooperation shall be submitted to the President by the

, ['N Secretary of Energy or,in the case of those agreements for cooperation arranged pursuant to subsection 91 c. or

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144 b. which are to be implemented by the Department of Defense, by the Secretary of Defense:

ShAs amended by P.L 9%4. sec. 301 (aw it

50 "b. the President h .s submitt;d trxt of th3 proposed agreement for cooperation, together with the accompanying unclassified Nuclear Proliferation Assessment Statement, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, the President has consulted with such Committees for a period of not less than thirty days of continuous session (as defined in section 130 g. of this Act) concerning the consistency of the terms of the proposed agreement with all the requirements of this Act, and* the President has approved and authorized the execution of the proposed agreement for cooperation and has made a determmation in writing that the performance of the proposed agreement will promote and will not constitute an unreasonable risk to, the common defense and security; swi==i s. "c. the pro osed agreement for cooperation (if not an

%E"L" agreement su 'ect to subsection d.), together with the approval and etermination of the President, has been submitted to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate for a period of thirty days of continuous session (as defined in subsection 130 a- . p. 09.

g.): Provided, however, 'That these committees, after hav-ing received such agreement for cooperation, may by resolution in writing waive the conditions of all or any portion of such thirty-day period; and 42 u s c ron. "d. the proposed agreement for cooperation (if ar-2 2Ni 2"'- ranged, pursuant to subsection 91 c.,144 b., or 144 c., or if entailmg , implementation of section 53, 54 a.,103, or 104 in relation to a reactor that may be capable of pro-ducing more than five thermal megawatts or special nuclear material for use in connection therewith) has been submitted to the Congress, together with the appro-val and determination of the President, for a period of sixty days of continuous session (as defined in subsection 130 g. of this Act) and referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate, and i'n addition in the case of a proposed agreement for cooperation arra,nged pursuant to subsection 91 c.,144 b.,

or 144 c., the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, but such proposed agreement for cooperation shall not become effective if during such sixty-day period the Congress adopts, and there is enacted, a jomt resolution 8'c stating in substance that the Congress does not favor the proposed agreement for cooperation:

Provided. That the sixty-day period shall not begin until a Nuclear Proliferation Assessment Statement prepared by the Director of the Arms Control and Disarmament Agency, l when required by subsection 123 a., has been submitted to

^~r. r. t<1 the Congress :Provided further, That an agreement for cooperation exempted by the President persuant to

! subsection a. from any requirement contamed in that l A mt.p.139. subsection shall not become effective unless the Congress M As amended by P.L 9944, sec. 301 (sW2).

89c As amended by P.L 9944. sec. 301 (bM O. '

50a adopts, and there is enacted, a joint resolution st: ting thit the Congress does favor such agreement.8'd During the O' sixty-day period the Committee on Forei n Affairs of the House of Representatives and the Comm$ittee on Foreign Relations of the Senate shall each hold hearings on the

proposed agree, ment for cooperation and submit a report to their respective bodies recommending whether it should be approved or disapproved.8* Any such proposed agree-ment for cooperation shall be considered pursuant to the procedures set forth in section 130 i. of this Act.8

'Following submission of a proposed agreement for cooperation (except an agreement for cooperation ar-

$%2.NaY ranged pursuant to subsection 91 c.,144 b., or 144 c.) to if0"sMi2i. the Committee on International Relations of the House 2164- of Representatives and the Committee on Foreign Rela-the Nuclear Regulatory Commission,

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tions of the Senate the Department o [ State, the Department of Energy, the Arms Control and Disarmament Agency, and the Department of Defense shall, upon the request of either of those committees, promptly turnish to those commit-

' tees their views as to whether the safeguards and other controls contained therein provide an adequate frame .

< work to ensure that any, export as contemplated by such agreement will not be inimical to or constitute an unrea-sonable risk to the common defense and security.

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I 89dAs amended by P.L 9944, sec. 30i ibu 2L 8* As amended by P.L 9464. sec. 301 e a n 3L 69f As amended by P.L 99+4. sec. 30:4ba3t

61 determinttion shall not become effective if during such sixty-day period the Congress adopts a concurrent reso-

/c\ lution stating in substance that it does not favor the

\ / determination. Any such determination shall be consi-V dered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential sub-missions.'6 42 U.s.C. 2iS9.

"Stc.130. CoscRtssiosAt REVIEW PRoCrDURES --

"a. Not later than forty-five days of continuous session [CC' # "'

of Congress after the date of transmittal to the Congress C i42

~. g 131 of 126 any submission

a. (2),126 of the

b. (2),128 Presidenta.required b.,129,131 byf.subsection (3), or 131 (1)( A) O ** +b'll2i.

of this Act, the Committee on Foreign Relations of the 2 64.

Senate and the Committee on Foreign Affairs of the House of Representatives,*bshall each submit a report to its respective House on its views and recommendations respecting such Presidential submission together with a resolution, as defined in subsection f., stating in substance that the Congress approves or disapproves such submission, as the case may be: Provided. That if any such committee has not reported such a resolution at the end of such forty-five day period, such committee shall be deemed to be discharged from further consideration of such submis-sion.96e if no such resolution hasbeen reported at the end of such period, the first resolution, as defmed in subsection f., which is introduced within five days thereafter within such House shall be placed on the appropriate calendar of c.x such House.

/ "b. When the relevant committee or committees have (U') reported such a resolution (or have been discharged from further consideration of such a resciution pursuant to subsection a.) or when a resolution has been introduced and placed on the appropriate calendar pursuant to sub-section a., as the case may be,it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. The motion shall not be subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution f%

( )

v Pubhc 14w 95 242192 stat.138H 19781. sec. 307, added sec.129.

P.L 9944, sec. 301 scw I u A h ii.

P.L 9944. sec. 301 aen Iw A wiit P.L 9944. sec. 301 ic w i u B 6

62 is agreed to, the resolution shall remain the unfinished business of the respective flouse until disposed of.

"c. Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than ten hours, which shall be divided equally between individuals favoring and indi-viduals opposmg the resolution. A motion further to. limit debate is m order and not debatable. An amendment to a motion to postpone, or a motion to recommit the resolu-tion, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which se resolution is agreed to or disagreed to shall not be in order. No amendment to any concurrent resolu-tion pursuant to the procedures of this section is in order except as provided in subsection d.

"d. Immediately following (1) the conclusion of the debate on such concurrent resolution, (2) a single quo-rum call at the conclusion of debate if requested m accor-dance with the rules of the appropriate llouse, and (3) the consideration of an amendment mtroduced by the Major-ity Ixader or his designee to insert the phrase,'does not' in lieu of the word 'does'if the resolution under consider-ation is a concurrent resolution of approval, the vote on final approval of the resolution shall occur.

"e. Appeals from the decisions of the Chair relating to the apphcation of the rules of the Senate or the Ilouse of Representatives, as the case may be, to the procedure relating to such a resolution shall be decided without debate.

ne.oivi.oa.- "f. For the purposes of subsections a. through e. of this section, the term ' resolution

• means a concurrent resolution of the Congress, the matter after the resolving clause of which is as follows: *That the Congress (does or does not) favor the transmitted to the Con-gress by the President on , .', the blank spaces therein to be appropriately filled, and the affirma-tive or negative phrase within the parenthetical to be appropriately selected.

coaimuous

g. II) Except as provided in paragraph (2), for the purposes of this section-EMY -

Compuutio -

"(A) continuity of session is broken only by an adjournment of Congress sine die; and

"(B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation ot any period of time in which Congress is m contmuous session.

"(2) For pur to section 123 poses of this section insofar as it applies

"(A) continuity of session is broken only by an l adjournment of Congress sine die at the end of a Congress; and

"(B) the days on which either House is not in session because of an adjournment of more than three days i are excluded in the computation of anyperiod of time l in which Congress is in continuous session.

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62a "h. This section is enacted by Congress-

[,.\ "(1) as an exercise of the rulemaking power of the i Senate and the House of Representatives, respec-tively, and as such they are deemed a part of the rules of ,

each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by subsection f. of this section; and they, supersede other rules only to the extent that  !

they are mconsistent therewith; and

"(2) With full recognition of the constitutional right of either House to change the rules (so far as relatmg to the procedure of that House) at any time, in the same manner and to the same extent as m the case of any 1 other rule of that House? t i "i. (1) For the purposes of this subsection, the term

' joint resolution means a joint resolution, the matter -

after the resolving clause of which is as follows: 'That the Congress (does or does not) favor the proposed agreement for cooperation transmitted to the Congress by the President on .', with the date of the transmission of the proposed agreement for cooperation inserted in the blank, and the affirmative or negative phrase within the parenthetical appropriately selected.

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"(2) On the day on which a proposed agreement for cooperation is submitted to the House of Representatives l and the Sentate under section 123 d., a joint resolution i

with respect to such agreement for coo ration shall be l introduced (by request) in the Houre b the chairman of the Committee on Foreign Affairs, himself and the

!, ranking minority member of the Committee, or by

' Members of the House designated by the chairman and

1. ranking minority member; and shall be introduced (by r

request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, ,

or by Members of the Senate designated by the majority leader and minority leader of the Senate. !f either House is not in session on the day on which such an agreement for cooperation is submitted, the joint resolution shall be introduced in that House, as provided in the preceding

! sentence, on the first day thereafter on which that House is m session.

"(3) All joint resolutions introduced in the House of Representatives shall be referred to the appropriate j

committee or committees, and all joint resolutions introduced in the Senate shall be referred to the Committee on Foreign Relations and in addition, in the

' case of a proposed agreement for cooperation arranged pursuant to section 91 c.,144 b., or 144 c., the Committee

, on Armed Services. .

"(4) If the committee of either House to which a joint resolution has been referred has not reported it at the -

end of 45 days after its introduction, the committee shall be discharged from further consideration of the joint resolution or of any other joint resolution introduced with respect to the same matter; except that, in the case j

of a joint resolution which has been referred to more than one committee, if before the end of that 45-day

" Public Law 95 242 492 stat 134H 1978t. sec. 308. aJded sec.130.

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62b period one such committ:e his reported the joint '

resolution, any committee to which the joint resolution l was referred shall be discharged from further considera- '

tion of the joint resolution or of any other joint resolution introduced with respect to the same matter.

"(5) A joint resolution under this subsection shall be considered in the Senate in accordance with the provisions of section 601(b)(4) of the International l Security Assistance and Arms Export Control Act of 1976. For the p and passage of j,urpose oint of expediting resolutions reported orthe consideration discharged pursuant to the provisions of this subsection, it shall be in order for the Committee on Rules of the House of Representatives to present for consideration a resolution of the House of Representatives providing procedures for the immediate consideration of a joint resolution under this subsection which may be similar,if applicable, to the procedures set forth in section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976.

"(6) In the case of a joint resolution described in paragraph (1), if prior to the passage by one House of a joint resolution of that House, that House receives a joint resolution with respect to the same matter from the other House, then-

"( A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but

"(B) the vote on final passage shall be on the joint resolution of the other Hoase" (d) APPLICABILITY OF AMENDMENTS.-The amendments made by this section shall apply to any agreement for cooperation which is entered into after the date of the enactment of this Act."*

O Ma As amended by P.L 9M4. sec. 301 (cW2>.

67 Committee on International Relations of the House w.p.i)+.

of Representatives and the Committee on Foreign

/',

(

_ ') Relations of the Senate, but any v shall not become effective if dun,such commitmentng such sixty-day period the Congress adopts a concurrent resolution stating in substance that it does not favor the com-mitment, any such commitment to be considered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential submis-sion; or(ii)if the President has submitted a detailed generic plan for such disposition or storage ire the United States to the Congress for a period of sixty days of continuous session (as defined in subsection 130 g. of this Act), which plan has been referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate and has not been disapproved during such sixty-d,ay peri,od ,by the adoption of a concurrent resolution statmg m sub-stance that Congress does not favor the plan; and the commitment is subject to the terms of an effective plan. Any such plan shall be considered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential submissions:

"(B) The Secretary of Energy has complied with subsection a.: and

~s "(C) The Secretary of Energy has complied, or in

/ \ the arrangement will comply with all other statutory

( ,/ requirements of this Act, under sections 54 and 55 and any other applicable sections, and any other re- ame.p.i:5.

quirements of law. M. P 333-

"(2) Subsection (1) shall not apply to the storage or Not=w other disposition in the United States of limited quanti- %%"0"

ties of foreign spent nuclear fuel if the President deter-mines that (A) a commitment under section 54 or 55 of this Act of the United States for storage or other disposi-tion of such limited quantities in the United States is required ,by an emergency situation, (B) it is in the national mterest to take such immediate action, and (C) he notifies the Committees on International Relations '

and Science and Technology of the flouse of Representa-tives and the Committees on Foreign Relations and Energy and Natural Resources of the Senate of the determination and action, with a detailed explanation and justification thereof, a. soon as possible.

"(3) Any plan submitted by the President under sub- mn. contents.

section f. (1) shall include a detailed discussion, with detailed information, and any supporting document ition thereof, relating to policy objectives, technical descrip-tion, geographic information, cost data and justifications, legal and regulatory considerations, en ironmental impact information and any related international agreements, arrangements for understandings.

• o) "(4) For the purposes of this subsection, the term 'for "**'*peni rorei ..

k '/ '

eign spent nuclear fuel'shall include any nuclear fuel irradiated in any nuclear power reactor located outside of the United States and operated by any foreign legal

67a n

entity, government or nongovernment, regardless of the (t

)

/ legal ownership or other control of the fuel or the reactor V and regardless of the origin or licensing of the fuel or reactor, but not including fuel irradiated in a research reactor.98 42 UsC 2160b.

"SEC.132. AUTilORITY TO SUSPEND NUCLEAR COOP.

ERATION WITil NATIONS WillCli HAVE NOT RATIFIED Tile CONVENTION ON Tile PilYSICAL SECURITY OF NUCLEAR MATERIAL.- Pre.ident or u.s.

"The President may suspend nuclear cooperation under this Act with any nation or group of nations which has not ratified the Convention on the Physical Security of Nuclear Material." 98= 42 Usc 2160c.

"SEC.133. CONSULTATION WITil Tile DEPARTMENT OF DEFENSE CONCERNING CERTAIN EXPORTS AND SUBSFQUENT ARRANGEMENTS.-

"a. In addition to other applicable requirements-

"(1) a license may be issued by the Nuclear Regulatory Coramission under this Act for the export of special nuclear material described in subsection b.: and

"(2) approval may be granted by the Secretary of Energy under section 131 of this Act for the transfer of 42 usc 2:so.

s ecial nuclear material described in subsection b.;

ont after the Secretary of Defense has been consulted on wh ther the physicalprotection of that materialduring the export or transfer will be adequate to deter theft, sabotage, l

[~)

\j '

and other acts of international terrorism which would result in the diversion of that material. If, in the view of the Secretary of Defense based on all available intelligence information, the export or transfer might be subject to a

genuine terrorist threat, the Secretary shall provide i

' to the Nuclear Regulatory Commission or the Secre-tary of Energy, as appropriate, his written assessment of the risk and a description of the actions the Secre-tary of Defense considers necessary to upgrade physi-cal protection measures.

"b. Subsection a. applies to the export or transfer of more than 2 kilograms of plutonium or more than 20 kilograms of uranium enriched to more than 20 percent in the isotope 233 or the isotope 235." 986 3

" CHAPTER 12. CONTROL OF INFORMATION "SEC.141. POLICY.-It shall be the policy of the Com- P

,gek C.

mission to control the dissemination and declassification sec. 2i6i.

of Restricted Data in such a manner as to assure the J

common defense and security. Consistent with such pol-icy, t,he Commission shall be guided by the following principles:

"a. Until effective and enforceable international safe-guards against the use of atomic energy for destructive purposes have been established by an international arrange-ment, there shall be no exchange of Restricted Data with other nations except as authorized by section 144; and

.L 98Public Law 95-242 (92 stat.127)(1978). sec. 303(a). added sec.131.

98aPublic 14w 99 399 (100 stat. 853)(1986), sec. 602 added sec.132.

y3' 98bPublic Law 99 399 (100 stat. 853;(1986), sec. 603 added sec. I33.

3

e

/ -

g "b. The dissemination of scientific and technical information relating to atomic energy should be permitted and c::couraged so as to provide that free interchange of ideas and enticism which is essentia' to scientific and industrial progress and public understanding and to en: asp t

the fund of technicalinformation. ,

ct,isitication "SEC.142. CLASSIFICATION AND DFCLASSIFICA TION '

a,$d$n OF RESTRICTED DATA.-

' data-fif/s'c "a. The Commission shall from time to time determine sec46i the datr% within the definition of Restricted Data, which can be published without undue risk to the common defense s and security and shall thereupon cause such data to be r' declassified and removed from the category of Restricted

.,. Data. '

"b. The Commission shall maintsin a continuou* review s / of Restricted Data and of any GasnLation Guides issued for the guidance of those in the atomic energy pro am e , with cespect to the areas of Restricted Data which ave r

' brea declassified in order to determine which information j c '

may be declassified and removed from the category of Restricted Data without undue risk to the common defense and security.

/ "c. In the case of Restricted Dr.ta which the Commission

'. and the Department of Defense jointly determine to relate primarily to the military utilizadon of atomic weapons, the determination that such dw may be published without constituting an unreasonatic riyk to the common defense and security shall be made by the Commission and the Departr2cnt of Defense jointly, and if the Commission and the Department of Defense de not agree, the determination shall be madc< by the President.

"d. The Co"2 mission shat! remove'from the Restricted Data categorf such data as the Cornmission and de Department of Defensejoint'y determine relates primdily '

to the military utilization of atomic weapons and r  ; y

/

a v

j.

r a

e

/ ,

y

-, - _ ~ . - . . ..- . - .=. . - - . . - - - -

t 77 p "e. The Secretary shall prepare on a quarterly basis a report to be made available upon the request of any ou.near "P'"

g

' interested person, detailing the Secretary's application during that period of each regulation or order prescribed '

or issued under this section. In particular, such report shall- <

"(1) identify any information protected from disclosure pursuant to such regulation or order;

"(2) specifically state the Secretary's justification for determimng that unauthorized dissemination of the '

j information protected from disclosure under such regulation or order could reasonably be expected to have a significant adverse effect on the health and i safety of the public or the common defense and secur-ity by significantly increasing the likelihood of illegal

production of nuclear weapons, or theft, diversion, or sabotage of nuclear materials, equipment, or facilities, as specified under subsection a.; and

"(3) provide justification that the Secretary has applied

. such regulation or order so as to protect from disclosure ,

only the minimum amount of information necessary to protect the health and safety of the public or the common defense and security "l

• • SEC.149. FINGERPRINTING FOR CRIMINAL HISTORY 42 UsC 2169. .

4 RECORD CHECKS.-

"a. The Nuclear Regulatory Commission (in this section referred to as the ' Commission') shall require each licensee F or applicant for a license to operate a utilization facility I -

• under section 103 or 104 b. to fingerprint each individual g'sc 2in.

who is permitted unescorted access to the facility or is I permitted access to safeguards information under section 147, All fingerprints obtamed by a licensee or applicant as 42 use 2t6a.

required in the preceding sentence shall be submitted to the Attorney General of the United States through the Commission for identification and a criminal history recorda i check. The costs of any identification and records check conducted pursuant to the preceding sentence shall be 4 paid by the licensee or applicant. Notwithstanding any other provision of law, the Attorney General may provide all the results of the search to the Commission, and, in accordance with regulations prescribed under this section, i the Commission may provide such results to the licensee or applicant submitting such fingerprints.

"b. The Commission, by rule, may relieve persons from He.ith and

j. the obligations imposed by this section, upen specified s".$'8**"-

terms, conditions, and periods, if the Commission finds.

that such action is consistent with its obligations to promote 1

the common defense and security fcid to protect the health

and safety of the public, t "c. For purposes of administering this section, the Com- Resui.iioni.

mission shall prescribe, subject to public notice and comment, regulations-

"(1) to implement procedures for the taking of finger-l prmts; l

• "(2) to establish the conditions for use of information received from the Attorney General, in order-E Ib k I f a MW $$ , g 4

4

- - - - _ . - ._. . . - . . . . , , - - , - +,,.a+ w =--.wer.w,%,-m-,- . , __

772

"(A) to limit the redissemination of such informa-tion;

"(B) to ensure that such information is used solely for the purpose of determining whether an individual shall be permitted unescorted access to the facility of a licensee or applicant or shall be permitted access to safeguards information under section 147; 42 use 2 68.

"(C) to ensure that no final determination may be made solely on the basis of information provided under this section involving-

"(i) an arrest more than 1 year old for which there is no information of the disposition of the case; or

"(ii) an arrest that resulted in dismissal of the charge or an acguittal; and

"(D) to protect mdividuals subject to fingerprinting under this section from misuse of the criminal history records; and

"(3) to provide each individual subject to fingerprinting under this section with the right to complete, correct, and explain information contained in the criminal history records prior to any final adverse determination.

"d. (1) The Commission may establish and collect fees to process fin this section. gerprints and enminal history records under

"(2) Notwithstandingsection3302(b)of title 31 United States Code, and to the extent approved in appropria-tion Acts-

"(A) a portion of the amounts collected under this subsection in any fiscal year may be retained and used by the Commission to carry out this section; and

"(B) the remaining portion of the amounts collected under this subsection in such fiscal year may be transferred periodically to the Attorney General and used by the Attorney General to carry out this section.

"(3) Any amount made available for use under para-graph (2) shall remain available until expended.".109=

" CHAPTER 13. PATENTS AND INVENTIONS "SEC.151. INVENTIONS RELAlaNG TO ATO%flC WEAP- Inventions ONS. AND FILING OF REPORTS. 33" Nic'" '

• a. No patent shall hereafter be granted for any inven- "iU's"E tion or discovery which is useful solely in the utilization of 'ec. 2 si.

special nuclear material or atomic energy in an atomic weapon. Any patent granted for any such invention or discovery is hereby revoked, and just compensation shall be made therefor.

"b. No patent hereafter granted shall confer any rights with respect to any invention or discovery to the extent that such invention or discovery is used in the utilization of special nuclear material or atomic energy in atomic weapons. Any rights conferred by any patent heretofore ,

109aPublic Law 99-399 l100 stat. 853)(1986) sec. 603 added sec.148.

Il0Public taw 87 206 (75 stat. 475) (1%1). sec. 7. changed the title of this section. The title prior to amendment was " Military Utilization."

77b granted for any invention or discovery are hereby revoked to the extent that such invention or discovery is so used, and just compensation shall be made therefor.

"c. Any person who has made or hereafter makes any  :=v ck=

invention or discovery useful in the production or utilization of special nuclear material or atomic energy, shall file with the Commusion a report containing a complete description thereof unless such mvention or discovery is described in an application for a patent filed with the Commissioner of Patents by such person within the time required for the filing of such report. The report covering any such invention or discovery shall be filed on or before the one hundred and eightieth day after such person first discovers or first has reason to believe that such

78 invention or discovery is useful in such production or utilization.'"

"d. The Commissioner of Patents shall notify the Commission of all applications for patents heretofore or hereafter filed which, in his opinion, disclose inventions or discoveries required to be reported under subsection 151 c., and shall such applications. provide the Commission access to all "e. Reports filed pursuant to subsection c. of this sec-tion, and applications to which access is provided under subsection d. of this section, shall be kept in confidence by the Commission, and no information concerning the same given without authority of the inventor or owner unless necessary to carry out the provisions of any Act of Congress or in such special circumstances as may be determined by the Commission.n2 inwmion con-

• "SEc.152. Isustioss M Aor on Coscrivro Denisc Cou-c'o'ndl"#

a uissios CosTnacts.-Any invention or discovery, useful yE

=c. 21s in the production or utilization of,special nuclear material or atomic energy, made or conceived in the course of or under any contract, subcontract, or arrang,ement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrangement involved the expenditure of funds by the Commission, shall be vested in, and be the property of, the Commis-sion, except that the Commission may waive its claim to any such invention or discovery under such circumstan-ces as the Commission may deem appropriate, consistent with the policy of this section. No patent for any inven-tion or discovery, useful in the production or utilization of special nuclear material or atomic energy, shall be issued unless the applicant files with the application, or within thirty days after request therefor by the Commis-sioner of Patents (unless the Commission advises the Commissioner of Patents that its rights have been deter-mined and that accordingly no statement is necessary) a statement under oath setting forth the full facts surround-ing the making or conception of the insention or discov-ery described in the application and whether the inven-tion or discovery was made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrange-ment involved the expenditure of funds by the Commis-sion. The Commissioner of Patents shall as soon as the application is otherwise in condition for allowance"2

"'Pubhc rnent sectxinbe151c, 87 06 (75asstat.

read 475)(19611. ec 8. amended ses 151c. Before amend-follows.

"c. Any person mho 'ias made or hereafier makes an) msention or dncosery uwful(1) in the producuon or uniusuon of speaal nuclear matenal or atorme energy;(21 m the utiluanon of special nuclear materul m an atomic mespon, or On m the utdaahon of atomic energy m an atomic mescon shall Gle with the Commmeon a report contaimng a complete descnpuon thereof unfeu sush msenuon or dixowry n descnbed in an apphca-tion Ior a patent 6ted with the commassoner of Patents by suth person within the hme required for the films of such report The report coserms ans such inwntion or diwovery shall be Gled on or before uhnheser of the follommg n the Liter either the nincueth day after completion of such invention or dncoser). or the mneucth day af ter such rson 6rst discowrs or 6rst has as,on to beliese that such ingenuon or dncovery is une ul m such "2Pubhc um87-206(75 Stat 475)(1%It wc 9. added subsec e

"' Amended by Public Le 87415 (76 Stat. 4W)(1962). we 11. Pnot to amendment word oss anomances".

107 avoided by including appropriate. conditions therein, the Commission may enter mto such contract, agree-

, ment, or arrangement, if the Commission determines

\ ~

that it is in the best interests of the United States to do so and includes appropriate conditions in such contract, agreement, or arrangement to mitigate such conflict. Pubucatio "c. The Commission shall publish rules for the imple.

mentation of this section, in accordance with section 553 of Title 5, United States Code (without regard to subsection (a)(2) thereof) as soon as practicable after the date of the enactment of this section, but in no event later than 120 days after such date.lu "SEc.170B. URANIL31 SL'PPI.Y.- Repor "a. The Secretary of Energy shall monitor and for the comer.t.to..d s,

years 1983 to 1992 report annually to the Congress and to 4 T2u22:06.

the President a determination of the viability of the domestic uranium mining and milling industry and shall establish by rule, after public notice and in accordance with the requirements of section 181 of this Act, within 9 months of 42 usc 223i.

enactment of this section, specific criteria which shall be assessed in the annual reports on the domestic uranium Regulations.

industry's viability. The Secretary of Energy is authorized to issue regulations providing for the collection of such information as the Secretary of Energy deems necessary to carry out the monitoring and reporting requirements of this section.

"b. U on a satisfactory showing to the Secretary of M2.,

O Energy any person that any information, or portion discia*=r*.

(%j thereof tained under this section, would, if made public, divulge proprietary information of such person, the Secretary shall not disclose such information and disclosure thereof shall be punishable under section 1905 of title 18, United States Code.

"c. The criteria referred to in subsection a. shall also crit ri..

include, but not be limited to-

"(1) an assessment of whether executed contracts or options for source material or special nuclear material will result in greater than 37V2 percent of actual or projected domestic uranium requirements for any two-consecutive-year period being supplied by source material or special nuclear material from foreign sources;

"(2) projections of uranium requirements and inventories of domestic utilities for a 10 year period;

"(3) present andprobable future use of the domestic market by foreign imports;

"(4) whether domestic economic reserves can supply all future needs for a future 10 year period;

"(5) present and projected domestic uranium exploration expenditures and plans:

"(6) present and projected employment and capital investment in the uranium industry;

\

IM ubhc P Law 95-601 (92 Stat. 2950H1978), sec. Bian added to a new sec.170A.

107a

"(7) the level of domestic uranium prod etion capacity sufficient to meet projected domestic m: clear power needs for a 10 year period; and

"(8) a projection of domestic uranium production and uramum price levels which will be in effect under various assumptions with respect to im ,,,,,,,,

"d. The Secretary or Energy, at any time, ports.may determine =cenai. ime.ca d

on the basis of the monitoring and annual reports required C"ag*O*a under this section that source mater,ial or special nuclear g,nn, material from foreign sources is bemg imported m such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the United States uranium mmmg and milling industry. Based on that determination, the United States Trade Representative shall request that the United States International Trade Commission initiate an invest _igation under section 201 of the Trade Act of 1974 (19 U.S.C. 2251).

"e. (1) If, during the period 1982 to 1992, the Secretary of Energy determines that executed contracts or options for source material or special nuclear material from foreign sources for use in utilization facilities within or under the jurisdiction of the United States represent greater than 37% percent of actual or projected domestic uranium requirements for any two-consecutive-year period, or if the Secretary of Energy determines the level of contracts or options involving source material and special nuclear material from foreign sources may threaten to impair the national security, the Secretary of Energy shall request the Secretary of Commerce to initiate under section 232 of the Trade Expansion Act of 1%2 (19 U.S.C.1862) an investiga-tion to determine the effects on the national security of imports of source material and special nuclear material.

The Secretary of Energy shall cooperate fully with the Secretary of Commerce in carrying out such an investigation and shall make available to the Secretary of Commerce the findings that lead to this request and such other informa-tion that will assist the Secretary of Commerce in the conduct of the investigation.

"(2) The Secretary of Commerce shall, in the conduct revenis uo m of any investigation requested by the Secretary of Energy pursuant to this section, take into account any mformation made available by the Secretary of Energy, including information regarding the impact on national security of projected or executed contracts or options for source material or special nuclear material from foreign sources or whether domestic production capacity is sufficient to sup(ply 3) Noprojected sooner tharnational security completion 3 years following requirements. of any

[ investigation by the Secretary of Commerce under para-

! graph (1),if no recommendation has been made pursuant j to such study for trade adjustments to assist or protect

( domestic may initiateuranium a requestproduction, for another suchthe investigation Secretary ofbyEnerh t Secretary of Commerce.".863a 163sp.g,97 415. sec. 23abW II. amended chapter 14 to include a new sec.170B.

107b

" CHAPTER 15. COMPENSATION FOR PRIVATE PROPERTY ACQUIRED

\ "SEC.171. JUST COMrENSATIoN.- The United States shall 3 ==*

\ *""*"'".

make just compensation for any property or interests therein 42 us.c.

taken or requisitioned pursuant to sections 43,36455,t65 66, and 108. Except in case of real property or any interest therein, the Commission shall determme and pay such just compensation. If the compensation so determined is unsatisfactory to the person entitled thereto, such person shall be paid 75 per centum of the amount so determined, and shall be entitled to sue the United States in the Court of Claims, or in any district court of the United States for the district in which such claimant is a resident in the manner provided by section 1346 of Title 28 of the United States Code to recover such further sum as added to said ,,,

75 per centum will constitute just compensation.

"Src.172. CONDEMN ATION OF REAL PnorEnTv.-Proceedings conde== iion for condemnation shall be instituted ursuant to the prosisions of the Act approved August 1, f888, as amended and section 1403 of Title 28 of the United States Code.

h5).

62 stai 937 The Act approved February 26,1931, as amended, shall be I!Ii.** 8

applicable to any such proceedings. jog 5M7 "SEC.173. PATENT ArruCATioN DIScLoSt'RES.-In the event P temi that the Commission communicates to any nation any *7cYo'f**

s 4

Restricted Data based on any patent application not 4u,s,g belonging to the United States, just compensation shall be w paid by the United States to the owner of the patent application. The Commission shall determine such com-

' pensation. If the compensation so determined is unsatis-factory to the person entitled thereto, such person shall be paid 75 per centum of the amount so determined, and shall be entitled to sue the United States in the Court of Claims or in any district court of the United States for the district in which such claimant is a resident in a manner provided by section 1346 of Title 28 of the United States Code to recover such further sum as added to such 75 per centum 62 si.i. 933.

Will constitute just compensation.

1

'% J re ne i oIhI is 'fb#wh YchiEthnEed si.NsYrNg*uifeEEa)yYsI

• fES*dhi*c'UfsNil9Ysimi.602iii964i.c. 7. 44 4-ss .

108 Ariorne c-n- "Src 174. Arionsrv GrsrRAL APPROVAL oF TTtr.-All

'Jl,t* fr"" real property acquired under this Act shall be subject to 42ose the provisions of section 355 of the Revised Statutes, as

-c 2r'

"" amended: Provided, however, That real property acquired by purchase or donation, or other means of transfer may also be occupied, used, and improved for the purposes of this Act prior to approval of title by the Attorney General in those cases where the President determines that such action is required in the interest of the common defense and security.

" CHAPTER 16. JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE cenerat "Src 181. GesrRAL-The provisions of the Adminis-trative Procedure Act (Public Law 404, Seventy-ninth 80 siai 3:2- Congress, approved June 11, 1946) shall apply to all 75h5'sFS C agency action taken under this Act, and the terms 42

" Uyg ' agency'and ' agency action'shall have the meaning speci-fied in the Administration Procedure Act: Provided, however, That in the case of agency proceedings or actions which involve Restricted Data, defense informa-tion, safeguards information protected from disclosure under the authority of section 147'66 or information pro-tected from dissemination under authority of section 148'67 the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense informa-tion, or such safeguards information'68 to unauthorized persons with mimmum impairment of the procedural rights which would be available if Restr. .ted Data, defense information, or such safeguards information,i6s were not involved, ucene "Src 182. Lictsst APPticAtioss.-

'SP?n t "" "a. Each application for a license hereunder shall be in

• c Un writing and shall specifically state such information as the Commission, by rule or regulation, may determine to be necessary to decide such of the technical and financial qualifications of the applicant, the character of the appli-cant, the citizenship of the applicant, or any other qualifi-cations of the applicant as the Commission may deem appropriate for the license in connection with applics-tions for licenses to operate production or utihzation facilities, the applicant shall state such technical specifica-tions, including information of the amount, kmd, and source of special nuclear material required, the place of the use, the specific characteristics of the facihty, and

'"Pubhc !am 9f*295 (94 Stat. 789)(1980) we. 20hbitik deleted the words or defense po t rorn c re unde the au h n i 7 CPubhc Lao 97 90 (95 Stat.1863)(1981) sec. 2i0lb) arnended sec.181 (42 U.s.C 2231) a to a er on nd eawn;x;rnema:emmax::

ormatgo , or inforrnation protected frorn dmemination under the authority of

'"Pubhc or i lae 96-295 (94 Stat 789)(1980) wc 207tb)(2). deleted the words ". or defense and substituted the words , defenw i ormanon, or such safeguards

2443

/] PUBLIC LAW 98-553-OCI'. 30,1984 98 STAT. 2825 V Public Law 98-553 98th Congress An Act To authorize appropriations to the Nuclear Regulatory Commission in accordance Oct 30* 1984 with section 261 of the Atomic Energy Act of 1954, and section 30s of the Energy Reorganization Actof1974. [S. 12911 Be it enacted by the Senate and House of Representatives of the United States ofAmerica in Congress assembled, TITLE I-AUTIIORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1984 AND 1985 SEc.101. There are hereby authorized to be appropriated to the Nuclear Regulatory Commission in accordance with the provisions of section 261 of the Atomic Energy Act of 1954 and section 305 of 42 Usc 2017.

the Energy Reorganization Act of 1974, for the fiscal years 1984 and 42 Usc ss7s.

1985 to remain available until expended, $466,800,000 for fiscal year 1984 and $460,000,000 for fiscal year 1985.

SEc.102. (a) The sums authorized to be appropriated in this Act for fiscal years 1984 and 1985 shall be allocated as follows:

(1) not more than $91,490,000 for fiscal year 1984 and

$87,140,000 for fiscal year 1985, may be used for " Nuclear Reactor Regulation", of which an amount not to exceed

$1,000,000 is authorized each such fiscal year to be used to accelerate the effort in gas <ooled thermal reactor preapplica-

' tion review; (2) not more than $70,910,000 for fiscal year 1984 and

$74,770,000 for fiscal year 1985, may be used for " Inspection and Enforcement";

(3) not more than $36,280,000 for fiscal year 1984 and

$35,710,000 for fiscal year 1985, may be used for " Nuclear Material Safety and Safeguards";

(4) not more than $199,740,000 for fiscal year 1984 and

$193,290,000 for fiscal year 1985, may be used for " Nuclear Regulatory Research", of which an amount not to exceed

$2,600,000 is authorized each such fiscal year to be used to accelerate the effort in gas-cooled thermal reactor safety research; (5) not more than $27,520,000 for fiscal year 1984 and

$27,470,000 for fiscal year 1985, may be used for " Program Technical Support";

(6) not more than $40,860,000 for fiscal year 1984 and

$41,620,000 for fiscal year 1985, may be used for " Program Direction and Administration".

(b) The Nuclear Regulatory Commission may use not more than 1 Grants.

per centum of the amounts authorized to be appropriated under paragraph 102(aX4) to exercise its authority under section 31 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(a)) to enter into grants and cooants graph. erative ma by agreements with universitiesgrsuant the Commission shall made in acco to suchnce ara-51-139 o - 85 (6o7)

244b 98 STAT. 2826 PUBLIC LAW 98-553-OCT. 30,1984 with the Federal Grant and Cooperative Agreement Act of 197.

(41 U.S.C. 501 et seq.) and other applicable law.

(c) Any amount appropriated for a fiscal year to the Nuclear Regulatory Commission pursuant to any paragraph of subsection 102(a) for purposes of the program referred to in such paragraph, may be reallocated by the Commission for use in a program referred to in any other paragraph of such subsection, or for use in any other activity within a program, except that the amount available from appropriations for such fiscal year for use in any program or specified activity may not, as a result of reallocations made under this subsection, be increased or reduced by more than $500,000 unless-(1) a period of thirty calendar days (excluding any day in which either flouse of Congress is not in session because of an adjournment of more than three calendar days to a day certain or an adjournment sine die) passes after the receipt, by the Committee on. Energy and Commerce and the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Environment and Public Works of the Senate, of notice submitted by the Commission containing a full and complete statement of the reallocation proposed to be made and the facts and circumstances relied upon in support of such proposed reallocation; or (2) each such committee, before the expiration of such period, transmits to the Commission a written notification that such committee does not object to such proposed reallocation.

Sec.103. Moneys received by the Nuclear Regulatory Commission for the cooperative nuclear research program and the material access authorization program may be retained and used for salaries and expenses associated with such programs, notwithstanding the 31 Usc 3302. provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and shall remain available until expended SEc.104. From amounts appropriated to the Nuclear Regulatory Commission pursuant to this title, the Commission may transfer to other agencies of the Federal Government sums for salaries and expenses for the performance by such agencies of activities for which such appropriations of the Commission are made. Any sums so transferred may be merged with the appropriation of the agency to which such sums are transferred.

Sec.105. Notwithstanding any other provisions of this Act, no authority to make payments under this Act shall be effective except to such extent or m such amounts as are provided in advance in appropriation Acts.

Report. DEC.106. (a) No funds authorized to be appropriated under this Prohibition. Act may be used to carry out any policy or program for the decentralization or regionalization of any Nuclear Regulatory Com-mission authorities regarding commercial nuclear powerplant li-censing until sixty legislative days after the date on which the Commission submits to the Congress a report evaluating the effect of such policy or program on nuclear reactor safety: Provided, however, That the prohibition contained in this subsection shall not apply to any personnel assigned to the field, or to activities in which they were engaged, on or before September 22, 1983. The report shall include-(1) a detailed description of the authorities to be transferred, the reason for such transfer, and an assessment of the effect of such transfer on nuclear reactor safety;

244c PUBLIC LAW P8-553-OCT 30,1984 98 STAT. 2827

[3

\ )

k/ (2) an analysis of all comments submitted to the Commission regarding the effect on nuclear reactor safety which would result from carrying out the policy or program proposed by the Commission; and (3) an evaluation of the results, including the advantages and disadvantages, of the pilot program conducted under sub-section (b).

(b) Notwithstanding the prohibition contained in subsection (a),

the Commission is authorized to conduct a pilot program for the I

purpose of evaluating the concept of delegating authority to regional offices for issuance of specific types of operating reactor licensing actions and for the purpose of addressing the issues identified in paragraphs (a)(1)-(3) of this section.

Szc.107. (a) Of the amounts authorized to be appropriated under 1 this Act for the fiscal years 1984 and 1985, such sums as may be i necessary are authorized to be used by the Nuclear Regulatory l Commission for-(1) the acquisition (by purchase, lease, or otherwise) and installation of equipment to be used for the small test prototype i nuclear data link program or for any other program for the collection and transmission to the Commission of data from licensed nuclear reactors during abnormal conditions at such ,

reactors; and 1 (2) a full and complete analysis of-(A) the appropriate role of the Commission during abnor- l mal conditions at a nuclear reactor licensed by the  !

/q g Commission; )

\ / (B) the information which should be available to the 1 V Commission to enable the Commission to fulfill such role l and to carry out other related functions; (C) various alternative means of assuring that such infor-mation is available to the Commission in a timely manner; I and (D) any changes in existing Commission authority neces- ,

sary to enhance the Corimission response to abnormal conditions at a nuclear reactor licensed oy the Commission:

Provided, however, That no funds shall be available under this Act fcr the acquisition and installation of any equipment for the collec-tion and transmission to the Commission of data from licensed nuclear reactors during abnormal conditions at such reactors, or for the analysis of such equipment, unless such acquisition and analysis includes, as one of the alternatives considered, a fully automated electronic nuclear data link. The small test prototype referred to in paragraph (1) may be used by the Commission in carrying out the study and analysis under paragraph (2). Such analysis shall include si cost-benefit analysis of each alternative examined under subpara-graph (C).

Szc.108. Of the amounts authorized to be appropriated under this Act, the Nuclear Regulatory Commission may use such sums as may be necessary, in the absence of a State or local emergency prepared-ness plan which has been approved by the Federal Emergency Management Agency, to issue an operating license (including a temporary operating license under section 192 of the Atomic Energy p Act of 1954, as amended) for a nuclear power reactor, if it deter- 42 Usc 2242.

t

( j) mines that there reasonable exists assurance a State, that public healthlocal, or utility aa I safety plan which provides is not endan-gered by operation of the facility concerned.

244d 98 STAT. 2828 PUBLIC LAW 98-553-OCT. 30,1984 Szc.109. Notwithstanding the second sentence of section 103 d.

42 USc 2133. and the second sentence of section 104 d. of the Atomic Energy Act 42 USc 2134. of 1954, as amended, the Nuclear Regulatory Commission is hereby authorized to transfer Facility Operating License numbered R-81 to a United States entity or corporation owned or controlled by a foreign corporation if the Commission-(1) finds that such transfer would not be inimical to the common defense and security or to the health and safety of the public; and (2) includes in such license, as transferred, such conditions as the Commission deems necessary to ensure that such foreign corporation cannot direct the actions of the licensee in ways that would be inimical to the common defense and security or the health and safety of the public.

Approved October 30,1984.

O LEGISLATIVE IILTIVRY-S.1291 (S. 2846)(ll.R. 2510t IIOUSE REPORTS. No.98-103, Pt.1 (Comm. on Interior and Insular AITairst and Pt. 2 (Comm. on Energy and Commerce) both accoro panying li.R. 2510.

SENATE REPORTS. No.98-118 (Comm. on Environment and Public Workst; No.98-546 (Comm. on Environment and Public Works); No.98-579 (Comm. on Energy and Natural Resources) both accompanying S.2846.

CONGRESdIONAL RECURD, Vol. 130 (1984r Oct.10, considered and pamed Senate.

Oct.11, considered and pamed flouse.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 41 (19R4 t Oct. 30, Presidential statement.

O

A.9.15 99 STAT. 564 PUBLIC LAW 99-141-NOV.1,1985 Public Law 99-141 v 99th Congress An Act Nov. i t985 Making appropriations for energy and water development for the fiscal year ending

[H.R. 2959] S*Ptember 30. t986. and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States ofAmerica in Congress assembled That the foflowing sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1986, for energy and water development, and for other purposes, l namely:

TITLE IV INDEPENDENT AGENCIES NUC12An Recut.Aroav CouuissioN 8ALARIES AND EXPENSES

, For necessary expenses of the Commission in carrying out the

) purposes of the Energy Reorganization Act of 1974, as amended, 1 j and the Atomic Energy Act, as amended, including the employment 42 u.s.c. seot of aliens: services authorized by 5 U.S.C. 3109: publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms; official representation expenses (not to exceed $3,000);

reimbursements to the General Services Administration for security guard services: hire of passenger motor vehicles and aircraft, 5418,000,000, to remain available until expended: Provided. That from this appropriation, transfer of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further, That moneys received by the Commission for the cooperative nuclear safety research program and the material access authorization program may be retained and used for salaries and expenses associated with those programs, notwithstanding the provisions of section 3302 of title 31, United States Code, and shall remain available until expended.

Approved November 1,1985.

v

l l

TABULATION OF NUCL E AR REGULATORY COMMISSION APPROPRIATIONS. 8Y FISCAL YE AR (hfterena between Amount Arnount requru and Amount Onte of allowed anomed Amount amopresson Apprepnation requessed sequese by House Dnie Puble by Senese appropraved Tpercens t enacted Focal year 497t r. Regular appropration ta.

Vocal year 1977. Reguist appropnsema - 1219.933. Orc Feb ).1973 5202..W.0im) 1215.421.0 0 1215.423.0 2 249.410.000 Jan. 21.1976 21 Dec. 26. t975  % In0 Fecea year t9't. Regular appropnation 244.4Lono 244.430.000 244.410 000 20 July 12.1976  % 355 F* cal year 194. Regular appropnation 292.230 000 Jan.17.1977 277.696.0u0 235 t30.012 28 t.421000 37 Aug 7. 1977 9 %96 19't. Supplemental appropnshon 330.6?0.orm Jut 23.19?8 321.as ?.000 328.237.000 322.30t 000 25 Oct is. i97a Fucal year 1979. Regular apprepnerion S.350.000 Jan. 21.19715 3.tW10.000 3.000.000 3.roo Die ti4A2 310 670.0n0 Jan. 23.197a 321.447.010 32 7 sept a,19's 9 % 335 Fencal 8980 Regular appropnesson 371.000 000 32s.2s 7.ono 322.301 000 -25 Oct. is.197 9 %442 1980 mental appropneuen Jan. 22.1979 354.340. ore 361.340.000 )o t.40.orus 27 Srpe 23,2979 9649 Fmcal year 89si; Reguar appropnotion 49.200.000 Dec.10.1979 3 t.9% 000 319%.0tm) )l.950. ore .)$ 1 July 8. 49R0  %)04 Fencal year 1942. Regular apprepnoteen 46a.490.000 Jan. 23.19so 437.220.000 432.520.000 447.320 000 4$ Oct. I, 1980  %)67 Fincal year 1983 Regular appropneuen 500.700.0008 Jan 19 ISSI 477.534.000 465.700.000 46$.700.000 479.500.000 Feb. 8,1982 462.504.000 462.504.Orx) 462 504.000 Dec. 4.19s t 97-44 7 acal yeae 1984. Regular appropration de6 800.000 Dec. 2 s.1982 97 377 Fencal year 19M5: Regular Appropnscions ... .. Jan. 31.1983 465.800.000 466.800.000 465.noo 000 July I4.1983 98-50 4hM3'Und Jan.,19M4 4W2muun 4W2munia 4u.2Wun Fiscal year 19Mer Regular Appropnanons _ 429#WIDH Feb 4.19MS lui, nn. W 9m3 Fiacal year 1987; Regular Appropnanons . 401.67 4.t a d) 4 2 9.0110.0110 41n oim atu Pio,.4.19ns 99 148 405.0tX).txM) Feb $.1945 40$MX).010

• Eaciudes $$.000.310 pay rene supplemrntal

'Escludes $4.810.0tDpsy ut

' Reward Sepe. M 4931 to 5433.rame su -.000 >

O O G

APPENDIX 31 Loe Leven RAmoACTIVE WASTE Poucy AMENournTs AcT or 1985 (99 Stat.1842) i \ [Punue law 99 240]

[H. R.1083]

[JAN.15,1986]

Public Law 99-240 99th Congress An Act c

To amend the 14w-Invel Radioactive Waste Policy Act to improve i., --- m for the Jan.15,1986 implementation of compacts providing for the establishment and aparation of regional disposal facilities for low level radioactive waste; to grant the consent of

[HA 1083] the Congresa to certain interstate compacts on low-level radioactive wesee; and for other purposes. ,

Be it enacted by the Senate and House of Re State and local United States ofAmerica in Congress assembled, prwsen governmenta.

Iow tavel TITLE I-LOW-LEVEL RADIOACTIVE WASTE POLKN N$Iicy w

• AMENDMENTS AC1'OF 1985 N'oNff'

' SC 2021b SEC.101. SHORT TITLE.

{

M' This Title may be cited as the 'hw. Level Radioactive Waste Policy Amendments Act of1985" SEC.102. AMENDMENT TO THE LOW. LEVEL RADIDACTIVE WA!FIE PGLICY s ACT.

42 USC The Low-level Radioactive Waste Policy Act (42 U.S.C. 2021h et 20215 2021d, sec.)is amended by striking out sections 1,2,3, and 4 and inserting 2021b note in lieu thereof the following:

i 42 USC 2021b "SECTION 1. SHORT TITLE.

"" "This Act may be cited as the hw-Level Radioactive Waste

. Policy Act'.

42 USC 2021b. "SEC. 2. DEFINITIONS.

"For purposes of this Act:

"(1) AcREEMENT STATE.-The term ' agreement State' means a State that-

"(A) has entered into an agreement with the Nuclear Regulatory Commission under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021); and

"(B) has authority to regulate the disposal of lowlevel radioactive waste under such agreement.

"(2) At.tocAT10N.-The term ' allocation

• means the assegn-ment of a specine amount of low level radioactive waste deepenal capacity to a commercial nuclear power reactor for which access is required to be provided by sited States subject to the condi-tions specified under this Act.

"(3) COMMERCIAL NUCLEAR POWER REACTOR.-The term

' commercial nuclear power reactor' means any unit of a civilian light. water moderated utilization facility required to be licensed under section 103 or 104b. of the Atomic Energy Act of 1954 (42 U.S.C. 2133 or 2134(b)).

"(4) COMPACr.-The term ' compact' means a compact entered

,v/ into by two or more States pursuant to this Act.

A.31.1

A.31.2 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1843

"(5) CoMPACr COMMISSION.-The term ' compact commission

• means the regional commission, committee, or boarti estab-lished in a compact to administer such compact.

"(6) COMPACT REGION.-The term ' compact region' means the area consisting of all States that are members of a compact.

"(7) DISPOSAr -The term ' disposal

• means the permanent isolation of low-level radioactive waste pursuant to the require-menta established by the Nuclear Regulatory Commission under applicable laws, or by an agreement State if such isola-tion occurs in such agreement State.

"(8) GENERATE.-The term ' generate', when used in relation to low-level radioactive waste, means to produce low-level radio-active waste.

"(9) IAW-LEVEL RADIOACrIVE WAFTE.-The term ' low-level radioactive waste' means radioactive material that-

"(A) is not high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in section lle.(2) of the Atomic Energy Act of 1954 (42 US.C. 2014(eX2))); and

"(B) the Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph (A), classi.

fics as low-level radioactive waste.

"(10) NoN-s ten COMPACT REGION.-The term 'non-sited com-pact region' means any compact region that is not a sited compact region.

"(11) REGIONAL D!sPOSAL FACILITY.-The term ' regional dis-posal facility' means a non-Federal low-level radioactive waste disposal facility in operation on January 1,1985, or subse.

quently established and operated under a compact.

"(12) SECRErARY.-The term ' Secretary' means the Secretary of Energy.

"(13) SITED COMPACr REGION.-The term ' sited compact region' South Carolina.

means a compact region in which there is located one of the Washington.

regional disposal facilities at Barnwell, in the State of South Nevada.

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 Statea, the District of Columbia, and the Commonwealth of Puerto Rico.

"SEC. 3. RESPONSIBILITIES FOR DISPOSAL OF LOW. LEVEL RADIOACTIVE 42 USC 2021c.

WASTE.

"SECTION 3(aXI) STATE REsPonsisir2 TIES.-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 efTect on January 26,1983;

"(B) low-level radioactive waste described in subparagraph (A) vessels.

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

A.31.3 99 STAT.1844 PUBLIC LAW 99-24ft-JAN.15,1986 Research and "(iii) owned or generated as a result of any research, development, testing, or production of any atomic Weapon; and Gdevelopment. "(C) low-level radioactive waste described in subparagraphs (A) and (B) that is generated outside of the State and accepted Nr. pp.1846 for disposal in accordance with sections 5 or 6.

1851 "(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 Sits Remedial Action Program.

Nothing in this paragraph shall be deemed to prohibit a State, subject to the provisions of its compact, er a compact region from accepting for disposal any material identified in subparagraph (A) or (B).

"(bXI) The Federal Government shall be responsible for the dis-posal of-

"(A) low-level radioactive waste owned or generated by the vessels.

Dep(artment of Energy;' B) low level radioactive waste owned or gen United States Navy as a result of the decommissioning of vessels of the United States Navy; Research and "(C) low-level radioactive waste owned or generated by the development. 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 concentra-

,o tions 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

(

j January 26,1983.

Ilealth. "(2) All radioactive waste designated a Federal responsibility sarety. pursuant to subparagraph (bXIXD) that results from activities 11-censed by the Nuclear Regulatory Commission under the Atomic 42 Usc ::011 Energy Act of 1954, as amended, shall be disposed of in a facility note- licensed by the Nuclear Regulatory Commission that the Commis-sion determines is adequate to protect the public health and safety. 1 Report. "(3) Not later than 12 months after the date of enactment of this  :

Act, the Secretary shall submit to the Congress a comprehensive I report setting forth the recommendations of the Secretary for ensur- 4 ing the safe disposal of all radioactive waste designated a Federal l responsibility pursuant to subparagraph (bXIXD). Such report shall include-

"(A) an identification of the radicactive waste involved, including the source of such waste, and the volume, concentra-tion, 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 disp (osal of such radioactive waste;' D) a description of the 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 a wastes; and

/ \

A.31.4 PUBLIC LAW 99-240-JA,N.15,1986 90 STAT.1845

"(F) an identification of any statutory euthority required for disposal of such waste.

"(4) The Secretary may not dispose of any radioactive waste Prohibition.

designated a Federal responsibility pursuant to paragraph (bX1xD) Report.

that becomes a Federal responsibility for the first time pursuant to such paragraph until ninety days after the report prepared pursu-cnt to paragraph (3) has been submitted to the Congress.

"SEC. 4. REGIONAL COMPACTS FOR DISPOSAL OF LOW. LEVEL RADIO. 42 USC 2021d.

ACTIVE WASTE.

"(a)IN GENERAL.-

"(1) FEDERAL POLICY.-It is the policy of the Federal Govern-ment that the responsibilities of the States under section 3 for Ante. p.1843.

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 paragraph (1), the States may enter into such compacts as may be necessary to provide for the establishment and oper-ation of regional disposal facilities for low-level radioactive waste.

"(b) APPUCABIUTY ".t, FEDERAL ActivrrrEs.-

"(1)IN CENERAL-

"(A) ACTiv TIES OF TiiE SECRETARY.-Except as provided in Prohibition.

subparagraph (B), no compact or action taken under a compact shall be applicable to the transportation, manage-ment, or disposal of any low-level radioactive waste des-ignated in section 3(a)(IXB)(i)-(iii).

"(B) FEDERAL I4W-LEVEL RADIOACTIVE WASTE DISPOSED OF AT NoN-FEDERAL FACIUTIES.-14w-level radioactive W3Ste owned or generated 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, regula-tions, requirements, fees, taxes, and surcharges imposed by the compact commission, and by the State m which such facility is located, in the same manner and to the same extent as any low-level radioactive waste not generated by the Federal Government.

"(2) FEDERAL IDW-LEVEL RADIOACTIVE WASTE DISPOSAL FACIU- Prohibition.

TIES.-Any low-level radio 3Clive Waste disposal facility estab-lished 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) ErrEcr OF COMPACTS ON FEDERAL law.-Nothing con- Prohibition.

tained in this Act or any compact may be construed to confer gny new authority on any compact commission or State-

"(A) to regulate the packaging, generation, treatment, Transportation.

storage, disposal, or transportation of low-level radioactive Regulations, waste in a manner incompatible with the regulations of the Nuclear Regulatory Commission or inconsistent with the lations of the Department of Transportation; rep'(B) to regulate health, safety, or environmental hazards Ilealth.

from source material, byproduct material, or special nu- Safety.

clear material; P """ "-

"(C) to inspect the facilities of licensees of the Nuclear Regulatory Commission; i

A.31.5 99 STAT.1846 PUBLIC LAW 99-240-JAN.15,1986 Government "(D) to inspect security areas or operations at the site of the generation of any low level radioactive waste by the

1. rganizationmployees.

and Federal Government, or to inspect classified information related to such areas or operations; or

"(E) to require indemnification pursuant to the provisions of chapter 171 of title 28, United States Code (commonly 28 Usc 2671 et referred to as the Federal Tort Claims Act), or section 170 of se9 the Atomic Energy Act of 1954 (42 U.S.C. 2210)(commonly referred to as the Price-Anderson Act), whichever is ap Prohibition.

"(4) glicable.rEDERAL AUTitoRITV.-Except as expressly provid this Act, nothing contained in this Act or any compact may be construed to limit the applicability of any Federal law or to diminish or otherwise impair the jurisdiction of any Federal l agency, or to alter, amend, or otherwise affect any Federal law governing the judicial review of any action taken pursuant to any compact.

Prohibition. "(5) STATE AUTHORrrY PRESERVED.-Except as expressly pro- ,

vided in this Act, nothing contained in this Act expands, dimin-ishes, or otherwise affects State law.

Prohibition. "(c) RESTRICTED USE Or REGloNAL DISPOSAL FACIUTIES.-Any authority in a compact to restrict the use of the regional disposal facilities under the compact to the disposal of low-level radioactive waste generated within the compact region shall not take effect before each of the following occurs:

"(1) January 1,1986; and

"(2) the Congress by law consents to the compact.

"(d) CONGRESS!oNAL Review.-Each compact shall provide that m

/

every 5 years after the compact has taken effect the Congress may

i by law withdraw its consent.

42 USC 2021e. "SEC. $. LI%11TED AVAILABILITY OF CERTAIN REGIONAL DISPOSAL FACILITIES Dl' RING TRANSITION AND LICENSING PERIODS.

"(a) AVAILAstLITY or DISPOSAL CAPACITY.-

"(1) PRESSURIZED-WATER AND BOILING WATER REACrORS.-

During the seven year period beginning January 1,1986 and ending December 31,1992, subject to the provisions of subsec-tions (b) through (g), each State in which there is located a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) shall make disposal capacity available for low-level radioactive waste generated by pressurtzed water and boiling water commercial nuclear power reactors in accordance with the allocations established in subsection (c).

"(2) OTHER sounCEs or tDW-LEVEL RADIOACTIVE W ASTE.-

During the seven year period beginning January 1,1986 and ending December 31, 1992, subject to the provisions of subsco tions (b) through (g), each State in which there is located a regional disposal facility referred to in paragraphs (1) through (3) of subaection (b) shall make disposal capacity available for low-level radioactive waste generated by any source not referred to in paragraph (1).

"(3) AttoCATrow or DisrOSAL CAPACITY.-

"(A) During the seven-year period beginning January 1, 1986 and ending December 31, 1992, low-level radioactive waste generated within a sited compact region shall be accorded priority under this section in the allocation of

(  ; available disposal capacity at a regional disposal facility

A.31.6 PUBLIC LAW 99-240--JAN.15,1986 99 STAT.1847 referred to in paragraphs (1) through (3) of subsection (b) and located in the sited compact region in which such waste is g(enerated.

B) Any State in which a regional dis 1 facility referred to in paragraphs (1) through (3) of su tion (b) is located may, subject to the provisions'of its compact, pro-hibit the disposal at such facility of low-level radioactive warte generated outside of the compact region if the dis-posal of such waste in any given calendar year, together with all other low-level radioactive waste disposed of at such facility within that same calendar year, would result in that facility disposing of a total annual volume of low-level radioactive waste in excess of 100 per centum of the average annual volume for such facihty designated in subsection (b): Procided, howeeer That in the event that all three States in which regional dis I facilities referred to in paragraphs (1) through (3) of su tion (b) act to prohibit the disposal of low-level radioactive waste pursuant to this subparagraph, each such State shall, in accordance with any applicable procedures of its compact, permit, as nec-essary, the disposal of additional quantities of such waste in increments of 10 per centum of the average annual volume for each such facility designated in subsection (b).

"(C) Nothing in this paragraph shall require any disposal Prohibition.

facility or State referred to in paragraphs (1) through (3) of subsection (b) to accept for disposal low-level radioactive waste in excess of the total amounts designated in subsec-tion (b).

"(4) CESSATION OF OPERATION OF LOW-LEVEL RADIOACTIVE Prohibition.

WASTE DISPOSAL FACILrrY.-No provision of this section shall be construed to obligate any State referred to in paragraphs (1) through (3) of subsection (b) to accept low-lesel radioactive waste from any source in the event that the regional disposal facility located in such State ceases operations.

"(b) LIMITATIONS.-The availability of disposal capacity for low-livil radioactive waste from any source shall be subject to the following limitations:

"(1) BARNWELL, SOUTH CAROLINA.-The State of South Caro-lina, in accordance with the provisions of its compact, may limit the volume of low level radioactive waste accepted for disposal ct the regional disposal facility located at Barnwell, South Carolina to a total of 8,400,000 cubic feet of low level radioactive waste during the 7-year period beginning January 1,1986, and ending December 31,1992 (as based on an average annual volume of 1,200,000 cubic feet of low-level radioactive waste).

"(2) RicHuND, WAsif!NGTON.-The State of Washington, in recordance with the provisions of its compact, may limit the volume of low-level radioactive waste accepted for disposal at the regional dipsal facility located at Richland, Washington to a total of 9,800,000 cubic feet of low-level radioactive waste during the 7 year period beginning January 1,1986, and ending December 31,1992 (as based on an average annual volume of 1,400,000 cubic feet oflow-level radioactive waste).

"(3) BEATTY, NEVADA.-The State of Nevada, in accordance with the provisions ofits compact, may limit the volume oflow-livel radioactive waste accepted for disposal at tne regional disposal facility located at Beatty, Nevada to a total of 1,400,000

A.31.7 9 STAT.1848 PUBLIC LAW 99-240-JAN.15,1986 cubic feet oflow-level radioactive waste during the 7-year period beginning January 1,1986, and ending December 31,1992 (as based on an average annual volume of 200,000 cubic feet oflow-level radioactive waste).

"(c) CouuEactAL NucLEAa Powra REACIOR ALtDCAT10Ns.-

"(1) AuoUNT.-Subject to the provisions of subsections (a) through (g) each commercial nuclear power reactor shall upon request receive an allocation of low-level radioactive waste disposal capacity (in cubic feet) at the facilities referred to in subsection (b) during the 4-year transition period beginning January 1,1986, and ending December 31,1989, and during the 3-year licensing period beginning January 1,1990, and ending December 31,1992, in an amount calculated by multiplying the appropriate number from the following table by the number of months remaining in the applicable period as determined under paragraph (2).

4-year Transition Period 3-year Licensing Period "Mr Type In Sited All Other In Sited All Other Region tocations Region locations 1027 871 934 685 PWR 2300 1951 2001 1533 BWR

.Ox

( )

"(2) Mernoo oF CAlfULATION.-For purposes of calculating L/ the aggregate amount of disposal capacity available to a commercial nuclear power reactor under this subsection, the number of months shall be computed beginning with the first month of the applicable period, or the sixteenth month after receipt of a full power operating license, whichever occurs later.

"(3) UNUSED ALIDCATioNS.-Any unused allocation under paragraph (1) received by a reactor during the transition period or the licensing period may be used at any time after such reactor receives its full power license or after the beginning of the pertinent period, whichever is later, but not in any event after December 31,1992, or after commencement of operation of a regional disposal facility in the compact region or State in which such reactor is located, whichever occurs first.

"(4) TRANSTERABIllTY.-Any commercial nuclear power reac-tor in a State or compact Tegion that is in compliance with the requirements of subsection (e) may assign any disposal capacity allocated to it under this subsection to any other person in each State or compact region. Such assignment may be for valuable consideration and shall be in writing, copies of which shall be filed at the affected compact commissions and States, along with the assignor's unconditional written waiver of the disposal cap'(acity being

5) U NUSU assigned.

Al, VoLUM ES.-

"(A) The Secretary ma,y, upon petition by the owner or

-m operator of any commercial nuclear power reactor, allocate to such reactor disposal capacity in excess of the amount

( \

calculated under paragraph (1) if the Secretary finds and

( ) states in writing his reasons for so finding that making

\d additional capacity available for such reactor through this

A.31.8 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1849 paragraph is required to permit unusual or unexpected operating, maintenance, repair or safety activities.

"(B)The Secretary may not make allocations pursuant to Prohibition.

subparagraph (A) that would result in the acceptance for disposal of more than 800,000 cubic feet of low-level radio-active waste or would result in the total of the allocations made pursuant to this subsection exceeding 11,900,000 cubic feet over the entire seven-year interim access period.

"(6) LIMITATION.-During the seven-year interim access Prohibition.

period referred to in subsection (a), the disposal facilities referred to in subsection (b) shall not be required to accept more than 11,900,000 cubic feet of low level radioactive waste gen-ersted by commercial nuclear power reactors.

"(dX1) SUnCHAncES.-The disposal of any low-level radioactive waste under this section (other than low-level radioactive waste gen' rated in a sited compact region) may be charged a surcharge by the State in which the applicable regional disposal facility is located, in addition to the fees and surcharges generally applicable for disposal of low-level radioactive waste in the regional disposal facil-ity involved. Exce shall not exceed pt as provided in subsection (eX2), such surcharges Prohibition.

",(A) in 1986 and 1987, $10 per cubic foot of low-level radio-active waste:

"(B) in 1988 and 1989, $20 per cubic foot of low-level radio-active waste; and

"(C) in 1990,1991, and 1992, $40 per cubic foot of low-level radioactive waste.

"(2) Mit.ESTONE INCENTIVF#.-

"(A) ESCROW ACCOUNT.-Twenty-five per centum of all sur-charge fees received by a State pursuant to paragraph (1)during >

the seven-year period referred to in subsection (a) shall be transferred on a monthly basis to an escrow account held by the Secretary. The Secretaryshall deposit all funds received in a special escrow account. The funds so deposited shall not be the property of the United States. The Secretary shall act as trustee for such funds and shall invest them in interest-bearing United States Government Securities with the highest available yield.

Such funds shall be held by the Secretary until-

"(i) paid or repaid in accordance with subparagraph (B) or (C); or "tii) paid to the State collecting such fees in accordance with subparagraph (F).

"(B) PAYM ENTS.-

"(i) JULY 1,1986.-The twenty-five per centum of any amount collected by a State under paragraph (1) for low-level radioactive waste disposed of under this section during the period beginning on the date of enactment of the low-level Radioactive Waste Policy Amendments Act of 1985 Ant,. p.1842.

and ending June 30,1986, and transferred to the Secretary under subparagraph (A), shall be paid by the Secretary in accordance with subparagraph (D) if the milestone de-scribed in subsection (eX1xA) is met by the State in which such waste originated.

"(ii) JANUARY 1,1988.-The twenty five per centum of any amount collected by a State under paragraph (1) for low-level radioactive waste disposed of under this section during the period beginning July 1,1986 and ending Decem.

1

A.31.9 PUBLIC LAW 99-240-JAN.15,1986 69 STAT.1850ber 31,1987, and transferred to the Secretary under subparagraph (A), shall be paid by the Secretary in accord-ance with subpara subsection (eXIXB) graph (D) if the milestone describe originated (or its compact region, where applicable).

• (iii) JANUARY 1,1990.-The twenty-five per centum of any amount collected by a State under paragraph (1) for low-level radioactive waste disposed of under this section during the period beginning January 1,1988 and ending December 31,1989, and transferred to the Secretary under subparagraph (A), shall be paid by the Secretary in accord-ance with subparagraph (D) if the milestone described in subsection (eXIXC)is met by the State in which such waste originated (or its compact region, where applicable).

by a State under paragraph (1) for low-level radioactive waste disposed of under this section during the period beginning January 1,1990 and ending December 31,1992, and transferred to the Secretary under subparagrah (A),

shall be paid by the Secretary in accordance with subpara-graph (D) if, by January 1,1993, the State in which such waste originated (or its compact region, where applicable) is able to provide for the disposal of all low-level radioactive waste generated within such State or compact region.

"(C) FAH.URE TO MErr JANUARY 1,1993 DEAD 1JNE.-If, by January 1,1993, a State (or, where applicable, a compact region)

(O

's j

)

in which low-level radioactive waste is generated is unable to provide for the disposal of all such waste generated within such State or compact region

"(i) each State in which such waste is generated, upon the request of the generator or owner of the waste, shall take title to tha waste, shall be obligated to take possession of the waste, and shall be liable for all damages directly or indirectly incurred by such generator or owner as a con- l sequence of the failure of the State to take possession of the waste as soon after January 1,1993 as the generator or owner notifies the State that the waste is available for ment; or l ship (ii) if such State elects not to take title to, take posses-i sion of, and assume liability for such waste, pursuant to  :

clause (i), twenty five per centum of any amount collected by a State under paragraph (1) for low-level radioactive waste disposed of under this section during the period beginning January 1,1990 and ending December 31,1992 shall be repaid, with interest, to each genesator favm whom such surcharge was collected. Repaymenta made pursuant to this clause shall be made on a monthly basis, with the first such repayment beginning on February 1,1993,in an amount equal to one thirty-sixth of the total amount re-quired to be repaid pursuant to this clause and shall continue until the State (or, where applicable, compact region) in which such low level radioactive waste is gen-erated is able to provide for the disposal of all such waste

/O generated within such State or compact region or until

) January 1,1996, whichever is earlier.

(V If a State in which low level radioactive waste is generated elects to take title to, take possession of, and assume liability for

l A.31.10 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1851 ;

i such waste pursuant to clause (i), such State shall be paid such amounts as are designated in subparagraph (Bxiv). If a State (or, where applicable, a compact region) in which low-level radioactive waste is generated provides for the disposal of such waste at any time after January 1,1993 and prior to January 1, j 1996, such State (or, where applicable, compact region) shall be paid in accordance with subparagraph (D) a lump sum amount equal to twenty-five per centum of any amount collected by a State under paragraph (1): Pivvided. howeece. That such pay-ment shall be adjusted to reflect the remaining number of months between January 1,1993 and January 1,1996 for which such State (or, where applicable, compact region) provides for the disposal of such waste. If a State (or, where applicable, a compact region) in which low level radioactive waste is gen-erated is unable to provide for the disposal of all such waste generated within such State or compact region by January 1, 1996, each State in which such waste is generated, upon the request of the generator or owner of the waste, shall take title to the waste, be obligated to take possession of the waste, and shall be liable for all damages directly or indirectly incurred by such generator or owner as a consequence of the failure of the State to take possession of the waste as soon after January 1, 1996, as the generator or owner notifies the State that the waste is available for shipment.

"(D) RECIPIENTS OF PAYMENTS.-The payments described in subparagraphs (B) and (C) shall be paid within thirty days after the applicable date-

"(i)if the State in which such waste originated is not a member of a compact region, to such State;

"(ii) if the State in which such waste originated is a member of the compact region, to the compact commission serving such State.

"(E) UsES OF PAYMENTS.-

"(i) LIMITATIONS.-Any amount paid under subpara-graphs (B) or (C) may only be used to-

"(I) establish low level radioactive waste disposal facilities;

"(II) mitigate the impact of low level radioactive waste disposal facilities on the host State;

"(111) regulate low-level radioactive waste disposal facilities; or

"(IV) ensure the decommissioning, closure, and care during the period of institutional control of low level radioactive waste disposal facilities.

"(ii) REroaTs.-

"(I) REcie:ENT.-Any State or compact commission receiving a payment under subparagraphs (B) or (C) shall, on December 31 of each year in which any such funds are expended. submit a report to the Department of Energy itemizing any such expenditures.

"(II) DPARTMENT oF ENERGY.-Not later than six nepints months after receiving the reports under subclause (1) the Secretary shall submit tn the Congress a summary, of all such reports that shall include an assessment of the compliance of each such State or compact commis-sion with the requirements of clause (i).

l l

A.31.11 9 STAT.1852 PUBLIC LAW 99-240-JAN.15,1986

"(F) PAYMENT TO STATFs.-Any amount collected by a State under paragraph (1) that is placed in escrow under subpara-graph (A) and not paid to a State or compact commission under subparagraphs (B) and (C) or not repaid to a generator under subparagraph (C) shall be paid from such escrow account to such State collecting such payment under paragraph (1). Such payment shall be made not later than 30 days after a deter-mination of ineligibility for a refund is made.

Prohibition. "(G) PENA 1.TY SURCHARGES.-No rebate shall be made under this subsection of any surcharge or penalty surcharge paid during a period of noncompliance with subsection (eXI).

"(e) REQUIREMENTS FOR ACCESS TO REcloNA1 DISPOsAr FACIU-TIES.-

"(1) REQUIREMENTS FOR NON41TED COMPACr REGIONS AND NoN-MEMBER STATIs.-Each non-sited compact region, or State that is not a member of a compact region that does not have an operating disposal facility, shall comply with the following requirements:

"(A) By July 1,1986, each such non-member State shall ratify compact legislation or, by the enactment of legisla-tion or the certification of the Governor, indicate its intent to develop a site for the location of a low-level radioactive waste disposal facility within such State.

"(B) BY JANUARY 1,1988.-

"(i) each non-sited compact region shall identify the n State in which its low-level radioactive waste dis I

/ T i facility is to be located, or shall have set the

'w/ developer for such facility and the site to be developed, and each compact region or the State in which its low-level radioactive waste disposal facility is to be located ,

shall develop a siting plan for such facility providing i detailed procedures and a schedule for establishing a i facility location and preparing a facility license applica- l tion and shall delegate authority to implement such j plan;

"(ii) each non-member State shall develop a siting plan providing detailed procedures and a schedule for establishing a facility location and preparing a facility license application for a lowlevel radioactive waste disposal facility and shall delegate authority to imple-ment such plan; and

"(iii) The siting plan required pursuant to this para-graph shall include a description of the optimum way to attain operation of the low-level radioactive waste disposal facility involved, within the time period speci-fled in this Act. Such plan shall include a description of the objectives and a sequence of deadlines for all enti-ties required to take action to implement such plan, including, to the extent practicable, an identification of the activities in which a delay in the start, or comple-tion, of such activities will cause a delay in beginning facility operation. Such plan shall also identify, to the

,-m extent practicable, the process for (1) screening for l broad siting areas; (2) identifying and evaluating spe-(V')

cific candidate sites; and (3) characterizing the pre-ferred site (s), completing all necessary environmental assessments, and preparing a license application for

A.31.12 PUBLIC LAW 99-240-JAN,15,1986 99 STAT.1853 submission to the Nuclear Regulatory Commission or an Agreement State.

"(C) BY JANUARY 1,1990.-

"(i) a complete application (as determined by the Nuclear Regulatory Commission or the appropriate agency of an agreement State) shall be filed for a license to operate a low-level radioactive waste disposal facility within each non-sited compact region or within each non member State; or

"(ii) the Governor (or, for any State without a Gov-ernor, the chief executive officer) of any State that is not a member of a compact region in compliance with clause (i), or has not complied with such clause by its own actions, shall provide a written certification to the Nuclear Regulatory Commission, that such State will be capable of providing for, and will provide for, the storage, disposal, or management of any low-level radioactive waste generated within such State and requiring disposal after December 31,1992, and include a description of the actions that will be taken to ensure that such capacity exists.

"(D) By January 1,1992, a complete application (as deter-mined by the Nuclear Regulatory Commission or the appro-priate agency of an agreement State) sall be filed for a license to operate a low-level radioactive waste disposal facility within each non-sited compact region or within each non-member State.

"(E) The Nuclear Regulatory Commission shall transmit Federal Register, any certification received under subparagraph (C) to the Publication.

Congress and publish any such certif: cation in the Federal Register.

"(F) Any State may, subject to all applicable provisions, if contracts.

any, of any applicable compact, erster into an agreement with the compact commission of a region in which a re-gional disposal facility is located to travide for the disposal of all low level radioactive waste generated within such State, and, by virtue of such agreerr. ant, may, wC "ae approval of the State in which the t egmnal disposal h.cility is located, be deemed to be in cornpliance with subpara-

"(f)raphs (A),(B),(C), and (D).

PENAt.T!rs roR rAlLURE TO COMPLY.-

"(A) BY JULY 1,1986.-If any State fails to comply with subparagraph (1XA)-

"ti) any generator of low level radioactive waste within such region or non rauul4r State shall, for the period beginning July 1,1986, and ending December 31, 1986, be charged 2 times the surcharge otherwise app (licable under subsection (d), and ii) on or after January 1,1987, any low-level radio-active waste generated within such region or non-member State may be denied access to the regional disposal facilities referred to in paragraphs (1) through (3) of subsection (b).

"(B) BY JANUARY 1, 1988.-If any non-sited compact region or non-member State fails to comply with paragraph (1XB)-

_ _ _ _ _ _ _ _ _ _ _ _ _ l

l

. i' A.31.13 ~ ,

1 PUBLIC LAW 99-240-JAN.15,1986 p 99 STAT.1854

"(i) any generator of low-level radioactive waste i within such region or non-member State shall-

"(D for the period beginning January 1,1988, and ending June 30,1988, be charged 2 times the surcharge otherwise applicable under subsection (d); and l

"(ID for the period beginning July 1,1988, and ending December 31,1988, be charged 4 times the surcharge otherwise applicable under subsection (d); and

"(ii) on or after January 1,1989, any low-level radio-

' active waste generated within such region or non-member State may be denied access to the regional disposal facilities referred to in paragraphs (1) through (3) of subsection (b).

"(C) BY JANUARY 1, 1990.-If any non-sited compact region or non-member State fails to comply with paragraph (IXC), any low-level radioactive waste generated within s such region or non-member State may be denied access to the regional disposal facilities referred to in paragraphs (1) through(3)of subsection (b).

"(D) BY JANUARY 1, 1992.-If any non4ited compact region or non-member State fails to comply with paragraph (1XD), any generator of low-level radioactive waste within such region or non-member State shall, for the period beginning January 1,1992 and ending upon the filing of the

/ application described in paragraph (1XD), be charged 3 times the surcharge otherwise applicable under subsection (d)-

Prohibition. "(3) DENIAL oF ACCESS.-No denial or suspension of access to a regional disposal facility under paragraph (2) may be based on the source, class, or type of low level radioactive waste.

"(4) RESTORATION or SUSPENDED ACCESS; PENALTIES FOR FAlle uRE to COMPLY.-Any access to a regional disposal facility that is suspended under paragraph (2) shall be restored aller the non-sited compact region or non-member State involved com-Termination plies with such requirement. Any payment of surcharge pen-alties pursuant to paragraph (2) for failure to comply with the requirements of subsection (e) shall be terminated after the non- , 1 sited compact region or non member State involved complies with such requirements.

"(fXI) ADMINISTRATION.-Each State and compact commission in which a regional disposal facility referred to in paragraphs (1) through "(A)(3)toofmonitor sulmection (b) is located compliance shall with the have authorityllocations, limitations, a and requirements established in this section; and ,

l

"(B) to deny access to any non-Federal low level radioactive waste disposal facilities within its borders to any lowlevel radioactive waste that-

"(i) is in excess of the limitations or allocations estab.

I lished in this section;or i

"(ii) is not required to be necepted due to the failure of a

! ' compact region or State to comply with the requirements of

( subsection (eXI).

! s "(2) AVAILABlWTY or INFoRMATioN DURING INTERIM Accuss PERion.-

l L

A.31.14 PUBLIC LAW 99-240-JAN,15,1986 99 STAT.1855

"(A) The Stater of South Carolina, Washington, and Nevada South Carolina.

may require information from disposal facility operators, Washington.

generators, intermediate handlers, and the Department of Nevada.

Energy that is reasonably necessary to monitor the availability cf disposal capacity, the use and assignment of allocations and the applicabihty of surcharges.

"(B) The States of South Carolina, Washington, and Nevada south Carolina.

may, after written notice followed by a period of at least 30 Washington.

days, deny access to disposal capacity to any generator or Nevada.

intermediate handler who fails to provide information under subparagraph (A). 4

"(C) PaorRIErARY INFoRMATioN.- '

"(i) Trade secrets, proprietary and other confidential information shall be made available to a State under this subsection upon request only if such State-

"(I) consents in writing to restrict the dissemination of the information to those who are directly involved in monitoring under subparagraph (A) and who have a need to know;

"(II) accepts liability for wrongful disclosure; and

"(III) demonstrates that such information is essential to such monitoring.

"(ii) The United States shall not be liable for the wrongful disclosure by any individual or State of any information provided to such individual or State under this subsection.

"(iii) Whenever any individual or State has obtained Prohibition.

possession ofinformation under this subsection, the individ. Governrnent ual shall be subject to the same provisions of law with runnization and respect to the disclosure of such information as would apply Un$#%and e to an officer or employee of the United States or of any trade.

department or agency thereof and the State shall be subject to the same provisions oflaw with respect to the disclosure of such information as would apply to the United States or any department or agency thereof. No State or State officer or employee who receives trade secrets, proprietary information, or other confidential information under this Act may be required to disclose such information under State law.

"(g) NONDISCRIMINAT!oN.-Except as provided in subsections (b) through (e), low. level radioactive waste disposed of under this sec-tion shall be subject without discrimination to all applicable legal requirements of the compact region and State in which the disposal f;cility is located as if such low-level radioactive waste were gen-er:ted within such compact region.

"SEC. 6. EMERGENCY ACCESS. 42 USC 2021f.

"(t) IN GENERAL -The Nuclear Regulatory Commission may llealth.

gr:nt emergency access to any regional disposal facility or non- Safety-Fed:ral disposal facility within a State that is not a member of a Defe"**

compact for specific low-level radioactive waste, if necessary "

to ""$ft)"nd climin:te an immediate and serious threat to the public health and safity or the common defense and security. The procedure for granting emergener access shall be as provided in this section.

"(b) Request roa EMERGENCY ACCESS.-Any generator oflow-level radioactive waste, or any Governor (or, for any State without a Gov;rnor, the chief executive officer of the State) on behalf of any gen:ritor or generators located in his or her State, may request that

A.31.15 99 STAT.1856 - PUBLIC LAW 99-240-JAN.15,1986 the Nuclear atory Commission grant emergency access to a regional d' facility or a non-Federal disposal facility within a State that is not a member of a compact for specific low-level radioactive waste. Any such request shall antain any information and certifications the Nuclear Regulatory Commission may require.

Health.

"(c) DerranulNATION OF Nuct2Am Raout.Aiony Comuass ON.-

s.rety. "(1) Raqutaan omvanulNAT1oN.-Not later than 45 days after wryn= and receiving a request under subesction (b), the Nuclear Regu-

"*" "*I

1. • 1. ' latory

• Commission shall determine whether-(A) ry because of an imme- emergen diate and serious threat to the pubhc health and safety or the common defense and security; and

"(B) the threat cannot be mit by any alternative consistent with the public heal and safety, including storage of low-level radioactive waste at the site of genera-tion or in a storage facility obtain' access to a disposal facility by voluntary agreement, pure disposal capac-Ante.p.1846. ity available for assignment pursuant to section 5(c) or ceasing activities that generate low-level radioactive waste.

"(2) Raquisso NcrrtFICATION.-if the Nuclear Regula Commission maham the determinations required in paragra (1) in the amtmative, it shall designate an repriate non-Federal disposal facility or facilities, and the Governor (or chief executive officer) of the State in which such facility is located and the appropriate compact commission that emer-gency access is required. Such notification shall specificall describe the low-level radioactive waste as to source, phys' and radiological characteristics, and the minimum volume and duration, not exceeding 180 days, necessary to alleviate the -

immediate threat to public health and safety or the common Prohibition. defense and security.The Nuclear Regulatory Commission shall also notify the Governor (or chief executive officer) of the State in which the low-level radioactive waste requiring emergency access was generated that emergency access has been granted and that, pursuant to subsection (e), no extension of emergency access may be granted absent diligent State action during the period of the initial grant.

Health. "(d) TsuPonAaY EusacsNCY Acenes.-Upon determining.that sarety. emergency access is necessary because of an immediate and serious

• f'"** g*"d threat to the public health and safety or the common defense and i

$dty, security, the Nuclear Regulatory Commission may at. its discretion I grant temporary emergency access, pending its determination whether the threat could be mitigated by any alternative consistent )

with the public health and safety. In granting access under this subsection. the Nuclear Regulatory Commission shall provide the same notification and information required under subsection (c).

Absent a determination that no alternative consistent with the public health and safety would mitigate the threat, access granted -

under this subsection shall expire 45 days after the granting of temporary emergency access under this subsection.-

llealth. "(e) ExTsNSION OF EusacsNCY AcCass.-The Nuclear Regulatory safety. Commission ma nt one extension of emergency access beyond l the period provi in subsection (c), ifit determines that emergency  ;

Nrenn,and

$fty.

"

• access continues to be necessary because of an immediate and serious threat to the public health and safety or the common defense Lat cannot be mitigated any alternative consistent and with security the pub (lic health and safety, an that the generator of low-

. - . - - - - -~ . . - . - . - - - - - - - - . - - --- - , -

A.31.16 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1857 level radioactive waste granted emergency access and the State in which such low-level radioactive waste was generated have dili-gently though unsuccessfully acted during the period of the initial grant to eliminate the need for emergency access. Any extension granted under this subsection shall be for the minimum volume and dur-tion the Nuclear Regulatory Commission finds necessary to climinate the immediate threat to public health and safety or the '

i common defense and security, and shall not in any event exceed 180 d;ys.

"(f) RECIPROCAL ACCESS.-Any compact region or State not a member of a compact that provides emergency access to non-Federal disposal facilities within its borders shall be entitled to reciprocal access to any subsequently operating non-Federal disposal facility that serves the State or compact region in which low-level radio-active waste granted emergency access was generated. The compact commission or State having authority to approve importation of low-1,v;l radioactive waste to the disposal facility to which emergency access was granted shall designate for reciprocal access an equal volume oflow-level radioactive waste having similar characteristics to that provided emergency access.

"(g) APPROVAL BY COMPACT COMMISSloN -Any grant of access under this section shall be submitted to the compact commission for the region in which the designated disposal facility is located for cuch approval as may be required under the terms of its compact.

Any such compact commission shall act to approve emergency access not later than 15 days after receiving notification from the Nuclear Regulatory Commission, or reciprocal access not later than 15 d;ys after receiving notification from the appropriate authority under subsection (f).

"(h) LIMrrATIoNS.-No State shall be required to provide emer- Prohibitions.

gency or reciprocal access to any regional disposal facility within its borders for low-level radioactive waste not meeting criteria estab-lished by the license or license agreement of such facility, or in cxcess of the approved capacity of such facility, or to delay the closing of any such facility pursuant to plans established before receiving a request for emergency or reciprocal access. No State shcll, during any 12-month period, be required to provide emergency cr reciprocal access to any regional disposal facility within its borders for more than 20 percent of the total volume of low level radioactive waste acce previouscalendaryear.pted for disposal at such facility during the

"(i) Vot.uME REDUCrioN AND ScacnancEs.-Any low-level radio-activ3 waste delivered for disposal under this section shall be re-duced in volume t< the maximum extent practicable and shall be t ubject to surchargt established in this Act.

"(j) DEDUCrioN FaoM AuCCAT!oN.-Any volume of low-level radioactive waste granted emergency or reciprocal access under this secti:n, ifgenerated by any commercial nuclear power reactor, shall be deducted from the low-level radioactive waste volume allocable under section 5(c). Ante.p.184s.

"(k) AcREEMENT STATES.-Any agreement under section 274 of the Prohibition.

Atomic Energy Act of 1954 (42 U.S.C. 2021) shall not be applicable to the determinations of the Nuclear Regulatory Commission under thh section.71-139 o 2 (240)

I l

l A.31.17 PUBLIC LAW 99-240-JAN.15,1986 h 99 STAT.1858

v 42 USC 2J21g. SEC. 7. RESPONSlHILITIES OF TH E DEPARTMENT OF ENERGY,

"(a)FNANCIAL AND TECHNICAL ASSISTANCE.-The Secretary shall, to the extent provided in appropriations Act, provide to those com-et regions, host States, and nonmember States detemined by the retary to require assistance for purposes of carrying out this Act-Science and "(1) continuing technical assistance to assist them in fulfilling technology. their responsibilities under this Act. Such technical assistance shall include, but not be limited to, technical guidelines for site

((*"*d"*".

Safety, selection, alternative technologies for low-level radioactive waste disposal, volume reduction options, management tech-niques to reduce low-level waste generation, transportation practices for shipment of low-level wastes, health and safety considerations in the storage, shipment and disposal of low level radioactive wastes, and establishment of a computerized data-base to monitor the management of low-level radioactive wastes; and

"(2) through the end of fiscal year 1993, financial assistance to assist them in fulfilling their responsibilities under this Act.

Science and "(b) REPORTS.-The Secretary shall prepare and submit to the technology. Congress on an annual basis a report which (1) summarizes the Transponan,on. progress of low-level waste disposal siting and licensing activities within each compact region,(2) reviews the available volume reduc-s tion technologies, their applications, effectiveness, and costs on a per s unit volume basis,(3) reviews interim storage facility requirements, costs, and usage, (4) summarizes transportation requirements for such wastes on an inter- and intra-regional basis, (5) summarizes the data on the total amount of low-level waste shipped for disposal on a yearly basis, the proportion of such wastes subjected to volume reduction, the average volume reduction attained, and the propor-tion of wastes stored on an interim basis, and (6) projects the interim storage and final disposal volume requirements anticipated for the following year, on a regional basis.

42 USC 2021h. SEC.s. ALTERNATIVE DISPOSAL METHODS.

"(a) Not later than 12 months after the date of enactment of the Anre, p.1842. Low-Level Radioactive Waste Policy Amendments Act of 1985, the Nuclear Regulatory Commission shall, in consultation with the States and other interested persons, identify methods for the dis-posal of low-level radioactive waste other than shallow land burial, and establish and publish technical guidance regarding licensing of facilities that use such methods.

"(b) Not later than 24 months after the date of enactment of the Iow-Level Radioactive Waste Policy Amendments Act of 1985, the Commission shall, in consultation with the States and other in- 1 terested persons, identify and publish all relevant technical l infor nation regarding the methods identified pursuant to subsec- l tion (a) that a State or compact must provide to the Commission in 1 order to pursue such methods, together with the technical require- l ments that such facilities must meet, in the judgment of the i Commission, if pursued as an alternative to shallow land burial.

s Such technical information and requirements shall include, but i need not be limited to, site suitability, site design, facility operation,

'; 'j disposal 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 Commis-i

A.31.18 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1859 sion shall specify and publish such requirements in a manner and form deemed appropriate by the Commission.

"8EC. S. I.ICENSING REVIEW ANI) APPROVAL. 42 USC 2021i.

"In order to ensure the timely development of new low-level radioactive waste disposal facilities, the Nuclear Regulatory Commission or, as appropriate, agreement States, shall consider an application for a disposal facility license in accordance with the laws applicable to such application, except that the Commission and the agreement state shall-

"(1) not later than 12 months after the date of enactment of the Low-Irvel Radioactive Waste Policy Amendments Act of 1985, establish procedures and develop the technical capability ante p. IN2.

for processing applications for such licenses; "W to the extent practicable, complete all activities associ-ated with the review and processing of any application for such a license (except for public hearings) no later than 15 months after the date of receipt of such application; and

"(3) to the extent practicable, consolidate all required tech-nical and environmental revien ; and public hearings.

"SEC.10. R U , i uTIVE WASTE HELOW REGl*LATORY CONCERN.

"(a) Not Luer than 6 months after the date of enactment of the Low-Level Radioactive Waste Policy Amendments Act of 1985, the Commission shall establish standards and procedures, pursuant to existing authority, and develop the technical capability for consider-ing and acting upon petitions to exempt specific radioactive waste streams from regulation by the Commission due to the presence of radionuclides in such waste rtreams in sufficiently low concentra-tions or quantities as to be below regulatory concern.

"(b) The standards and pursuant to subsection (a)shall procedures set forthestablished by the all information Commission required to be submitted to the Commission by licensees in support of such ptitions, including, but not limited to--

"(1) a detailed descripton of the waste materials, including their origin, chernical composition, physical state, volume, and mass; and "O the concentration or contamination levels, half-lives, and 11ealth.

identities of the radionuclides present. sarem Such standards and procedures shall provide that, upon receipt of a Regulation.

ptition to exempt a specific radioactive waste stream from regula-tion by the Commission, the Commission shall determine in an expditious manner whether the concentration 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 determines 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 expditious manner, to exempt the disposal of such radioactive waste from regulation by the Commission."

TITLE II-OMNIBUS LOW-LEVEL RADIOACTIVE WASTE Omnibus Low-INTERSTATE COMPACT CONSENT ACT level Radioactive SEC. 201. SilORT TITIS.

I $ tate This Title may be cited as the " Omnibus Low-Level Radioactive Compact l Waste Interstate Compact Consent Act"

$"g"*"".^$d note. l

t 4

A.31.19  ;

J

' 99 STAT.1860 PUBLIC LAW 99-240-JAN.15,1986

" Subtitle A-General Provisions .

42 USC 2021d SEC. 2tl. CONGRESSION AL FINDING.

"**~

4 The Congress hereby finds that each of the compacts set forth in larm. subtitle B is in furtherance of the Low-Level Radioactive Waste Policy Act.

42 USC 2021d SEC. 212. CON DITIONS OF CONSENT TO COM PACIS.

"**' The consent of the Congress to each of the compacts set forth in 4

subtitle B-Effective date. (1) shall become efTective on the date of the enactment of this Act; I (2) is granted subj"ect to the provisions of the Low 14 vel Radioactive Waste Policy Act, as amended;and (3) is granted only for so long as the regional commission, i

committee, or board established in the compact complies with all of the provisions of such Act.

! 42 USC 2021d SEC. 213. CONGRESSIONAL REVIEW.

"**' The Congress may alter, amend, or repeal this Act with respect to any compact set forth in subtitle B after the expiration of the 10-year penod following the date of the enactment of this Act, and at such intervals thereafter as may be provided in such compact.

Subtitle B-Congressional Consent to Compacts

\ 42 USC 2021d SEC. 221. NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIO-note. ACTIVE WASTE MANAGEMENT.

Alaska. The consent of Congress is hereby given to the states of Alaska, Hawaii. Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming -

) IM,,~ to enter into the Northwest Interstate Compact on Low level Radio-Oreson.

active Waste Management, and to each and every part and article i Utah. thereof. Such compact reads substantially as follows:

Washington.

"NoRTuwssT INTERSTATE COMPACr ON IAW LEVEL RADIOACTIVE

- WASTE MANACEMENT 3 " ARTICLE I-POLICY AND PURPOSE Health. "The party states recognize that low-level radioactive wastes are Safety. generated by essential activities and services that benefit the citi-zens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most 4 economical management of low-level radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling and transportation required to dispose of such -

wastes and through the cooperation of the states in providing -

facilities that serve the region. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical management of low-level radioactive wastes on a T continuing ba' sis. It is the purpose of this compact to provide the means for such a cooperative efTort among the party states so that 4 the protection of the citizens of the states and the maintenance of j the viability of the states' economies will be enhanced while sharing i the responsibilities of radioactive low-level waste management.

A,31.20 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1861

" ARTICLE Il-DEFINITIONS "As used in this compact:

"(1) ' Facility' means any site, location, structure, or property used or to be used for the storage, treatment, or disposal of low-level waste, excluding federal waste facilities;

"(2) hw-level waste

• means waste material which contains radioactive nuclides emitting primarily beta or gamma radi-etion, or both, in concentrations or quantities which exceed applicable federal or state standards for unrestricted release.

Low-level waste does not include waste containing more than ten (10) nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations;

"(3) ' Generator' means sny person, partnership, association, corporation, or any other entity whatsoever which, as a part of its activities, produces low level radioactive waste;

"(4) ' Host state' means a state in which a facility is located.

" ARTICLE !!I-REGULATORY PRACrlCEs "Each party state hereby agrees to adopt practices which will Transportation.

require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the pplicable packaging and transportation requirements and regula-tions of the host state. Such practices shall include:

"(1) Maintaining an inventory of all generators within the state that have shipped or expect to ship low-level waste to facilities in another party state;

"(2) Periodic unannounced inspection of the premises of such generators and the waste management activities thereon;

"(3) Authorization of the containers in which such waste may be shipped, and a requirement that generators use only that typ'(e 4) of container that Assurance authorized by theofstate; inspections the carriers which trans-port such waste are conducted by proper authorities, and appro-priate enforcement action taken for violations; "t5) After receiving notification from a host state that a Transportation.

generator within the party state is in violation of applicable packaging or transportation standards, the party state will take appropriate action to assure that such violations do not recur.

Such action may include inspection of every individual low-level waste shipment by that generator.

Each party state may impose fees upon generators and shippers to recover the cost of the inspections and other practices under this crticle. Nothing in this article shall be construed to limit any party state's authority to impose additional or more stringent standards on generators or ca.riers than those required under this article.

" ARTICLE IV-REG 10NAL FACILITIES

"(1) Facilities located in any party state, other than facilities established or maintained by individual low-level waste generators i far the management of their own low-level waste, shall accept low-l lev 21 waste generated in any party state if such waste has been packaged and transported according to applicable laws and regulations.

o A.31.21 99 STAT.1862 PUBLIC LAW 99-240-JAN.15,1986  !

."(2) No facility located in any party state may accept low-level waste generated outside of the region comprised of the party states. -

t except as provided in article V. S

"(3) Until such time as paragraph (2) of article IV takes efTect, j facilities located in any party state may accept low-level waste j generated outside of any of the party states only if such waste is ,

accompanied by a certificate of compliance issued by an official of the state in which such waste shipment originated. Such certificate -

shall be in such form as may be required by the host state and shall contain atleast the following:

a

"(A) The generator's name and address;

"(B) A description of the contents of the low-level waste container.

Regulations. "(C) A statement that the low-level waste being shipped has been inspected by the official who issued the certificato or by his agent or by a representative of the United States Nuclear -

Regulatory Commission, and found to have been packaged in

. compliance with applicable Federal regulations and such addi-tional requirements as may be imposed by the host state;

"(D) A binding agreement by the state of origin to reimburse any party state for any liability or expense incurred as a result of an accidental release of such waste during shipment or after such waste reaches the facility.

Health. "(4) Each party state shall cooperate with the other party states in ,

j Safety determining the appropriate site of any facility that might .be .

> required within the region comprised of the party states,in order to -

maximize public health and safety while mimmizing the use of any one (1) party state as the host of such facilities on a permanent basis.

]

Each party state further agrees that decisions regarding low-level-1 waste management facilities in their region will be reached thro h

a good faith process which takes into account the burdens borne each of the party states as well as the benefits each has recei Itazardous "(5) The party states recognize that the issue of hazardous chemi-rnaterials. cal waste management is similar in many respects to that of low-level waste management. Therefore, in consideration of the State of -

$"8*hi"8t*"-

una T Washington allowing access to its low level waste disposal facility by generators in other party states, party states such as Oregon and Prohibitiors.

Idaho which host hazardous chemical waste disposal facilities will allow access to such facilities by generators within other party states. Nothing in this compact shall be construed to prevent any -

party state from limiting the nature and type of hazardous chemical or low-level wastes to be accepted at facilities within its borders or from ordering the closure of such facilities, so long as such action by 4

a host state is applied equally to all generators within the region

comprised of the party states.

"(6) Any host state may establish a schedule of fees and require- .

ments related to its facihty, to assure that closure, perpetual care, and maintenance and contingency requirements are met, including adequate bonding.

" ARTICLE V-NORTHWEST LOW-LEVEL WASTE COMPACT COMMrrrEE 1

"The governor of each party state shall designate one (1) official of that state as the person responsible for administration of this compact. The officials so designated shall toge,ther comprise the northwest low-level waste compact committee. Tne committee shall meet as required to consider matters arising under this compact.-

- ____ _ . . _ _ ~ _ _ . _ - _ , - , _ . . _ . , _ _ ._ -

A,31.22 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1863 The parties shall inform the committee of existing regulations Reguistions.

concerning low-level waste management in their states, and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in such regulations. Notwithstand-ing any provision of article IV to the contrary, the committee may enter into arrangements with states provinces, individual genera-tors, or regional compact entities outside the region comprised of the party states for access to facilities on such terms and conditions as the committee may deem appropriate. IIowever, it shall require a two-thirds (%) vote of all such members, including the affirmative vote of the member of any party state in which a facility affected by such arrangement is located, for the committee to enter into such arr:ngement.

"ARTICIE VI-EIJGIBLE PARTIES AND EFrECTIVE DATE

"(1) Each of the following states is eligible to become a party to Alaska.

this compact Alaska, IIawaii, Idaho, Montana, Oregon, Utah, !!awaii.

Washington, and Wyoming. As to any eligible party, this compact $,$,,,

shall become effective upon enactment into law by that party, but it oregon.

shall not become initially effective until enacted into law by two (2) Utah states. Any party state may withdraw from this compact by enacting ("kgton. ,

o statute rapealmg its approval.

EfTective date'

"(2) After the compact has initially taken effect pursuant to paragraph (1) of this article, any eligible party state may become a party to this compact by the e7ecution of an executive order by the governor of the state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its legislature or July 1,1983, whichever occurs first, unless the compact has by then been enacted as c statute by that state.

"(3) Paragraph (2) of article IV of this compact shall take effect on Efrective date.

July 1,1983, if consent is given by Congress. As provided in p'iblic law 96-573, Congress may withdraw its consent to the compact after 42 USc 2021b ev ry five (5) year period. note

" ARTICLE VII-SEVERABILrrY "If nray provision of this compact, or its application to any person Provisions held cr circumstances, is held to be invalid, all other provisions of this invand.

compact, and the application of all of its provisions to all other persons and circumstances, shall remain valid; and to this end the provisior.3 of this compact are severable."

SEC. 222. CENTRAL INTERSTATE LOW.I.EVEL RADIDACTIVE WASTE 42 USC 2021d COMPACT. note.

The consent of Congress is hereby given to the states of Arkansas, Arkansas.

Iowa, Kansas, Dakota, Louisiana, and Oklahoma Minnesota, to enter into the CentralMissouri, Nebraska, Interstate Low- *"8%,

, North [towa.

Ievel Radioactive Waste Compact, and to each and every part and minnesota.

crticls thereof. Such compact reads substantially as follows: Missouri.

Nebraska.

North Dakota.

Oklahoma.

A.31.23 99 STAT.1864 PUBLIC LAW 99-240-JAN.15,1986

" CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE

[m \

COMPACT "ARMCLE I. POLICY AND Puaross Health. "The party states recognize that each state is responsible for the s.rety. management of its non. federal low-level radioactive wastes. They

%"y,"*"t*l also recognize that the Congress, by enacting the Low-level Radio.

2 Usc 2021b active Waste Policy Act (Public Law 96-573) has authorized and note. encouraged states to enter into compacts for the efficient manage-ment of wastes. It is the policy of the party states to cooperate in the protection of the health, safety and welfare of their citizens and the environment and to provide for and encourage the economical management of low-level radioactive wastes. It is the purpose of this compact to provide the framework for such a cooperative effort; to promote the health, safety and welfare of the citizens and the environment of the region; to limit the number of facilities needed to effectively and efficiently manage low-level radioactive wastes and to encourage the reduction of the generation thereof; and to distribute the costs, benefits and obligations among the party states.

"AnncLz II. DEFINrrioNS a,j "As used in this compact, unless the context clearly requires a different construction:

"a. ' Commission' means the Central Interstate Low-14 vel Radioactive Waste Commission; "b. ' disposal

• means the isolation and final disposition of waste;

[]f "c. ' extended care' means the care of a regional facility V including necessary corrective measures subsequent to its active use for waste management until such time as the regional facility no longer poses a threat to the environment or public health:

"d. ' facility' means any site, location, structure or property used or to be used for the management of waste; "e. ' generator' means any person who, in the course of or as incident to manufacturing, power generation, processing, medi-cal diagnosis and treatment, biomedical research, other indus-trial or commercial activity, other research or mining in a party state, produces or processes waste. ' Generator' does not include any person who receives waste generated outside the region for subsequent "f.

• host state' shipment meanstoanya regional facility; in which a regional party state facility is situated or is being developed; "g. Iow-level radioactive waste' or ' waste' means, as defined in the Low. Level Radioactive Waste Policy Act (Public Law 42 Usc 2021b 96-573), radioactive waste not classified as: High-level radio-note. active waste, transuranic waste spent nuclear fuel, or by-product material as defined in section 11 e.(2) of the Atomic 1 42 Usc 2014. Energy Act of 1954, as amended through 1978. I "h. management of waste' means the storage, treatment or disposa1 of waste;

• i. ' notification of each party state' means transmittal of written notice to the Governor, presiding officer of each legisla-tive body and any other persons designated by the party state's

,N Commission member to receive such notice; h

%./

A.31.24 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1865 "j. ' party state' means any state which is a signatory party to this compact; "k. ' person' me. Ins any individual, corporation, business enterprise, or other legal entity, either public or private; "I. region

• means the area of the party states; "m.

• regional facility' means a facility which is located within the region and which has been approved by the Commission for the benefit of the party States; "n. ' site' means any property which is owned or leased by a generator and is contiguous to or divided only by a public or private way' from the source of generation; "o. ' state means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico. >;he U.S. Virgin Islands or any'other territorial possession of the United States; "p. ' storage means the holding of waste for treatment or disposal; and

'q ' treatment' means any method, technique or process, inclu' ding storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to render such waste after for transport or management, amendable for recovery, convertible to another usable material, or reduced in solume.

" ARTICLE Ill. RicHTS AND OsticATIoNs "a. There shall be provided within the region one or more regional facilities which together provide sufficient capacity to manage all wastes generated within the region. It shall be the duty of regional facilities to accept compatible wastes generated in and from party states, and meeting the requirements of this Act, and each party state shall have the right to have the wastes generated withm its borders managed at such facility.

"b. To the extent authorized by Federal law and host State law, a Regulation.

he:t state shall regulate and license any regional facility within its borders and ensure the extended care of such facility.

"c. Rates shall be charged to any user of the regional facility, set by the operator of a regional facility and shall be fair and reasonable and be subject to the approval of the host state. Such approval shall be based upon criteria established by the Commission.

"d. A host state may establish fees which shall be charged to any user of a regional facility and which shall be in addition to the rates approved pursuant to section c. of this Article, for any regional fccility within its bordtrs. Such fees shall be reasonable and shall provide the host state with sufficient revenue to cover any costs associated with such facilities. If such fees have been reviewed and approved by the Commission and to the extent that such revenue is insufficient, all party states shall share the costs in a manner to be d it:rmined by the Commission.

"e. To the extent authorized by Federal law, each party state is Regulation.

responsible for enforcing any applicable Federal and state laws and Transportation.

regulations pertaining to the packaging and transportation of waste g:nerated within or passing through its borders and shall adopt pr ctices that will ensure that waste shipments originating within its borders and destined for a regional facility will conform to licable packaging and transportation laws and regulations.

cpp'f. Each party state has the right to rely on the good faith performance of each other party state.

4 A.31.25 99 STAT.1866 PUBLIC LAW 99-240--JAN.15,1986 "g. Unless authorized by the Commission, it shall be unlawful

[mh i i after January 1,1986, for any person:

"1. to deposit at a regional facility, waste not generated L/ within the region; "2. to accept, at a regional facility, waste not generated within the region; Exports. "3. to export from the region, waste which is generated within the region; and "4. to transport waste from the site at which it is generated, except to a regional facility.

"Aarret.s IV. Tus COMMISSION central "a. There is hereby established the Central Interstate Low-Level Interstate ta- Radioactive Waste Commission. The Commission shall consist of one Qg voting member from each party state to be appointed according to wast, the laws of each state. The appointing authority of each party state commission. shall notify the Commission in writing of the identity ofits member establishment. and any alternates. An alternate may act on behalf of the member only in the absence of such member. Each state is responsible for the expenses ofits member of the Commission.

b. Each Commission member shall be entitled to one vote. Unless otherwise provided herein, no action of the Commission shall be bonding unless a majority of the total membership casts its vote in the affirmative.

"c. The Commission shall elect from among its membership a chairman. The Commission shall adopt and publish, in convenient form, by-laws and policies which are not mconsistent with this

% Compact.

"d. The Commission shall meet at least once a year and shall also

) meet upon the call of the chairman, by petition of a majority of the membership or u,pon the call of a host state member.

"e. The Commission may initiate any proceedings or appear as an intervenor or party in interest before any court of law, or any Federal, state or local agency, board or Commission that has juris-diction over any matter arising under or relating to the terms of the provisions of this compact. The Commission shall determine in which proceedirgs it shall intervene or otherwise appear and may arrange for such expert testimony, reports, evidence or other participation in such proceedings as may be necessary to represent its views.

"f. The Commission may establish such committees as it deems necessary for the purpose of advising the Commission on any and all matters pertaining to the management of waste.

Contracts. "g. The Commission may employ and compensate a staff limited only to those persons necessary to carry out its duties and functions.

The Commission may also contract with and designate any person to perform necersary functions to assist the Commission. Unless other-wise required by the acceptance of a Federal grant, the staff shall serve at the Commission's pleasure irrespective of the civil service,  !

personnel or other merit laws of any of the party states or the i Federal government and shall be compensated from funds of the i I

Commission.

"h. Funding for the Commission shall be as follows:

"1. The Commission shall set and approve its first annual budget as soon as practicable after its initial meeting. Party 3 states shall equally contribute to the Commission budget on an t

V) l i

A.31.26 PUBLIC LAW 99-240---JAN.15,1986 99 STAT,1867 annual basis, an amount not to exceed $25,000 until surcharges are available for that purpose. Host states shall begin imposi-tion of the surcharges provided fer in this section as soon as practicable and shall remit to the Commission funds resulting from collection of such surcharges within 60 days of their receipt; and "2. Each state hosting a regional facility shall annually levy surcharges on all usem of such facilities, based on the volume and characteristics of wastes received at such facilities, the total  ;

of which: l

"(A) Shall be sufTicient to cover the annual budget of the l Commission; and

"(B) shall be paid to the Commission, provided, however, ,

that each host state collecting such surcharges may retain a '

portion of the collection sufficient to cover the administra-tive costs of collection, and that the remainder be sufficient only to cover the approved annual budget of the Commission.

"i. The Commission shall keep accurate accounts of all receipts Audit.

cnd disbursements. An independent certified pcblic accountant Report.

shall annually audit all receipts and disbursements of Commission funds and submit an audit report to the Commission. Such audit reprt shall be made a part of the annual report of the Commission required by this Article.

"j. The Commission may accept for any of its purposes and G rants.

functions any and all donations, grants of money, equipment, sup. Reports.

plies, materials and services, conditional or otherwise from any person and may receive, utilize and dispose of same. The nature, emount and conditions, if any, attendant upon any donation or gr nt accepted pursuant to this section, together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Commission.

"k. (1) Except as otherwise provided herein, nothing in this com- Prohibition.

pact shall be construed to alter the incidence ofliability of any kind f;r any act, omission, course of conduct, or on account of any casual or other relationships. Generators, transporters of waste, owners cnd operators of facilities shall be liable for their acts, omissions, conduct or relationships in accordance with all laws relating th:reto.

"(2) The Commission herein established is a legal entity separate Prohibitions.

cnd distinct from the party states and shall be so liable for its actions. Liabilities of the Commission shall not be deemed liabilities of the party states. Members of the Commission shall not be person-c.lly liable for actions taken by them in their official capacity "1. Any person or party state aggrieved by a final decision of the Commission may obtain judicial review of such decisions in the United States District Court in the District wherein tl e Commission maintains its headquarten by filing in such court a petition for review within 60 days after the Commission's fmal decision.

Proceedings thereafter shall be in accordance with the rules of procedure apphcable in such court.

"m. The Commission shall:

"1. Receive and approve the application of a non-party state to become a party state in accordance with article VII; "2. submit an annual report, and otherwise communicate Report.

with, the Governors and the presiding officers of the legislative

A,31.27 99 STAT.1868 PUBLIC LAW 99-240~ TAN.15,1986 bodies of the party states regarding the activities of the (m)

\ /

Commission; "3. hear and negotiate disputes which may arise between the V party states regarding this compact; "4. require of and obtain from the party states, and non. party states seeking to become party states, data and information necessary to the implementation of Commission and party states' responsibilities; "5. approve the development and operation of regional facili-ties in accordance with Article V; contracts. "6. notwithstanding any other provision of this compact, have Imports. the authority to enter into agreements with any person for the Esports.

importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. Such authorization to import or export waste requires the approval of the Commission, including the affirmative vote of any host state which may be affected; "7. revoke the membership of a party state in accordance with Articles V and VII; "8. require all party states and other persons to perform their duties and obligations arising under this compact by an appro-priate action in any forum designated in section e. of Article IV; and "9. take such action as may be necessary to perform its duties and functions as provided in this compact.

"ARTict.e V. DEVEIMPMENT AND OPERATION OF REGIONAt. FACHIr!ES

[\ "a. Following the collection of sufficient data and information from the states, the Commission shall allow each party state the (d '

}

opportunity to volunteer as a host for a regional facility.

"b. If no state volunteers or if no proposal identified by a volun-teer state is deemed acceptable by the Commission, based on the criteria in section c. of this Article, then the Commission shall <

publicly seek applicants for the development and operation of re- )

gional facilities.

"c. The Commission shall review and consider each applicant's proposal based upon the following criteria:

"1.The capability of the applicant to obtain a license from the applicable authority; "2. the economic efficiency of each proposed regional facility, including the total estimated disposal and treatment costs per cubic foot of waste; "3. financial assurances; "4. accessibility to all party states; and licalth. "5. such other criteria as shall be determined by the Commis-Safety. Sion to be necessary for the selection of the best proposal, based on the health, safety and welfare of the citizens in the region and the party statas.

"d. The Commission shall make a preliminary selection of the proposal or proposals considered most likely to meet the criteria enumerated in section c. and the needs of the region.

"e. Following notification of each party state of the results of the preliminary selection process, the Commission shall:

, "1. Authorize any person whose proposal has been selected to f}

t, /

pursue licensure of the regional facility or facilities in accord-LJ

A.31.28 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1869 ance with the proposal originally submitted to the Commission or as modified with the approval of the Commission; and "2. require the appropriate state or states or the U.S. Nuclear Regulatory Commission to process all applications for permits and licenses required for the development and operation of any regional facility or facilities within a reasonable period from the time that a completed application is submitted.

"f. The preliminary selection or selections made by the Commis-sion pursuant to this Article shall become final and receive the Commission's approval as a regional facility upon the issuance of license by the licensing authority. If a proposed regional facility fails to become licensed, the Commission shall make another selection pursuant to the procedures identified in this Article.

"g. The Commission may, by two-thirds affirmative vote of its membership, revoke the membership of any party state which, after notice and nearing, shall be found to have arbitrarily or capciciously denied or delayed the issuance of a license or permit to any person authorized by the Commission to apply for s'ach license or permit.

Revocation shall be in the same manner as provided for in section e.

of Article VII.

" ARTICLE VI. OrnEn LAWS AND REGULATIONS "a. Nothing in this compact shall be construed to: Prohibition.

"1. Abrogate cr limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any Federal agency expressly conferred thereon by the Congress; "2. prevent the application of any law which is not otherwise inconsistent with this compact; "3. prohibit or otherwise restrict the management and waste on the site where it is generated if such is otherwise lawful; "4. affect any judicial or administrative proceeding pending on the effective date of this compact; "5. alter the relations between, ard. the respective internal responsibilities of, the government af a party state and its subdivisions; and "6. afTect the generation or management of waste generated Research and by the Federal government or federal research and development development.

activities.

"b. No party state shall pass or enforce any law or regulation Prohibition which is inconsistent with this compact.

"c. All laws and regulations or parts thereof of any party state negulations.

which are inconsistent with this compact are hereby declared null and void for purposes of this compact. Any legal right, obligation, violation or penalty arising under such laws or regulations prior to enactment of this compact shall not be affected.

"d. No law or regulation of a party state or of any subdivision or Prohibition.

instrumentality thereof may be applied so as to restrict or make Regulations-more costly or inconvenient access to any regional facility by the generators of another party state than for the generators of the state where the facility is situated.

" ARTICLE VII. ELicinLE PARTIES, WITHDRAWAL, REVOCATION, ENTay INTo force, TERMINATION "a. This compact shall have as initially eligible parties the states Arkansa, of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri,  ! ?wa-hansas.

touisiana.

Minnesota.

Missouri.

Nebraska.

North Dakota.

Oklahoma.

A.31.29 99 STAT.1870 PUBLIC LAW 99-240-JAN.15,1986 n Nebraska, North Dakota and Oklahoma. Such initial eligibility shall

/  ; terminate en January 1,1984.

(U / "b. Any state may petition the Commission for eligibility. A petitioning state shall become eligible for membership in the com-pact upon the unanimous approval of the Commission.

Prohibition. "c. An eligible state shall become a member of the compact and shall be bound by it after such state has enacted the compact into law. In no event shall the compact take effect in any state until it has been entered into force as provided for in section f. of this Article.

Effectae date. "d. Any party state may withdraw from this compact by enacting Prohibition- a statute repeating the same. Unless permitted earlier by unam-mous approval of the Commission, such withdrawal shall take effect five-years after the Governor of the withdrawing state has given notice in writing of suc). withdrawal to each Governor of the party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

"e. Any party state which fails to comply with the terms of this compact or fulfill its obligations hereunder may, after notice and hearing, have its privileges suspended or its membership in the Effective date. Compact revoked by the Commission. Revocation shall take effect one year from the date such party state receives written notice from the Commission of its action. The Commission may require such party state to pay to the Commission, for a period not to exceed five-years from the date of notice of revocation, an amount determined by the Commission based on the anticipated fees which the genera-tors of such party state would have paid to each regional facihty and an amount equal to that which such party state would have contrib.

uted in accordance with section d. of Article III, in the event of

(',N) insufficient revenues. The Commission shall use suen funds to L/ ensure the continued availability of safe and economical waste management facilities for all remaining party states. Such state shall also pay an amount equal to that which such party state would have contributed to the annual budget of the Commission if such party state would have remained a member of the compact. Alllegal rights established under this compact of any party state which has its membership revoked shall cease upon the effective date of rev-ocation; however, any legal obligations of such party state arising prior to the effective date of revocation shall not cease until they have been fulfilled. Written notice of revocation of any state s membership in the company shall be transmitted immediately fol-lowing the vote of the Commission, by the chairman, to the Gov-ernor of the affected party state, all other Governors of the party states and the Congress of the United States.

"f. This compact shall become effective afkr enactment by at least three eligible states and after consent has been given to it by the Congress. The Congress shall have the opportunity to withdraw such consent every five-years. Failure of the Congress to withdraw its.

consent affirmatively shall have the effect of renewing consent for an additional five-year period. The consent given to this compact by the Congress shall extend to any future admittance of new party states under sections b. and c. of this Article and to the power to ban the exportation of waste pursuant to Article III.

Prohibition- "g. The withdrawal of a party state from this compact under section d. of this Article or the revocation of a state's membership in

,.m this compact under section 3. of this Article shall not affect the

/ \ applicability of this compact to the remaining party states.

\ l

%/

A.31.30 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1871 "h. This compact shall be terminated when all party states have Termination.

withdrawn pursuant to section d. of this Article.

" ARTICLE Vill. Pf NALTIES "a. Each party state, consistent with its own law, shall prescribe end enforce penalties against any perso 1 for violation of any provi-sion of this compact.

"b. Each party state acknowledges that the receipt by a regional negulations.

f:cility of waste packaged or transported in violation of applicable Irws and regulations can result in sanctions which may include suspension or revocation of the violator's right of access to the regional facility.

" ARTICLE IX. SEVERABILITY AND CONSTRUCTION "The provisions of this compact shall be severable and if any Provisions held phrase, clause, sentence or provision of this compact is declared by a invalid.

court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or cir-cumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters. The provisions of this compact shall be liberally construed to give effect to the purpose thereof.".

SEC. 223. SOUTilEAST INTERSTATE LOW. LEVEL RADIDACTIVE WASTE 42 USC 2021d 31ANAGE31ENT COMPACT. note.

In accordance with section 4 fax 2) of the Low-level Radioactive Alabama.

Waste Policy Act (42 U.S.C. 2021d(ax29, the consent of the Congress Florida.

is hereby given to the States of Alabama, Florida, Georgia, Mis- Georgia. '"*

sissippi, North Carolina, South Carolina, Tennessee, and Virginia to k$*.'th d#bina.

a enter into the Southeast Interstate low level Radioactive Waste south carolina.

Management Compact. Such compact is substantially as follows: Tennessee.

Virginia.

"SOUTilEAST INTERSTATE Low. LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT

" ARTICLE I

" POLICY AND PURPOSE

'"There is hereby created the Southeast Interstate Low-Level neseanh and Radioactive Waste Management Compact. The party States recog- development nize and declare that each state is responsible for providing for the r,vailability of capacity either within or outside the State for dis-posal of low-level radioactive waste generated within its borders, except for waste generated as a result of defense activities of the federal government or federal research and development activities.

Th:!y also recognize that the management of low level radioactive waste ia handled most efficiently on a regional basis. The party states further recognize that the Congress of the United States, by enacting the Low-Level Radioactive Waste Policy Act (Pullic Law 96-573), has provided for and encouraged the development of low- 42 Use 2021b note.

I

- .. - - .-.- - . _.. .. . - . . . ~ .

e A.31.31 ,

. 99 STAT.1872 PUBLIC LAW 99-240-JAN.15,1986 O -level radioactive waste compacts as a tool for d' l of such waste.

The party states recognise that the safe and e cient management of low-level radioactive waste generated within the region requires i that sufficient capacity to dispose of such waste be properly.

provided.

i ."It is the policy of the party states to: enter into a regional low-

! level sadioactive waste management compact for the purpose of

' providing the instrument and framework for a cooperative effort;

' provide sufficient facilities for the proper management of low-level radioactive waste generated in the res, ion; promote the health and 4

3 safety of the 'on; limit the number of facilities required to effectively and sciently manage low-level radioactive waste gen-4 ersted in the region; encourage the reduction of the amounts of low-

' level waste generated in the region; distribute the costs, benefits,

. and obligations of successful low-level radioactive waste manage- 3

ment equitably among the party states; and ensure the ecological 1

and economical management oflow-level radioactive wastes.

Resulations. " Implicit in the Congressional consent to this compact is the ex tion by Co and the pa states that the appropriate rol agencies ' I actively assist t e Compact Commission and .

the individual party states to this compact by:-

l. .

"1. expeditious enforcement of federal rules, regulations, and q

laws; .

j "2. imposing sanctions against those found to be in violation of federal rules, regulations, and laws; "3. timely inspection of their licensees to determine their i cap' ability to adhere to such rules, regulations, and laws;

4. timely provision of technical assistance to this compact in carrymg out their obligations under the Iow-level Radioactive 42 USC 2021b Waste Policy Act, as amended.

]

, note.

] "Aarrctz 2

" DEFINITIONS i "As used in this compact, unless the context clearly requires a .

i difTerent construction:

"1. ' Commission' or ' Compact Commission' means tSe Southeast Interstate Iow-level Radioactive Waste Management Commission.

"2. ' Facility' means a parcel of land, together with the structure,-

• equipment, and improvements thereon or appurtenant thereto, 4 which is used or is being developed for the treatment, storage, or-i disposal of low-level radioactive waste.

j "3. ' Generator' means any person who produces or processes low-

level radioactive waste in the course of, or as an incident to, j manufacturing, power generation, processing, medical diagnosis and

trestrrent, research, or other industrial or commercial activity. This

does not include persons who provide a service to generators

! arranging for the collection, transportation,' storage, or disposal wastes with respect to such waste generated outside the region.

j "4. 'High-level waste' means irradiated reactor fuel, liquid wastes i from reprocessing irradiated reactor fuel, and solids into which such l liquid wastes have been converted, and other high-level radioactive

. waste as defined by the U.S. Nuclear Regulatory Commission.

j "5. ' Host state' means any state in which a regional facility is situated or is being developed.

I T

l

.-_. . _ _ _ . . _ . _ _ _ _ _ . . _~____a.__. . __ -

A.31.32 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1873 "6. ' Low-level radioactive waste' or ' waste

• means radioactise waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section lle, (2) of the Atomic Energy Act of 1954, or as may be 42 Usc 2014.

further defined by Federal law or regulation.

"7. ' Party state' means any state which is a signatory party to this compact.

"8. ' Person' means any individual, corporation, business enter-prise, or other legal entity (either public or private).

"9. ' Region' means the collective party states.

"10. ' Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the Commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, j 1982, but in no event shall this disposal facility serve as a regional .

facility beyond December 31,1992.

"11. ' State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or Cay other territorial possession of the United States.

"12. ' Transuranic wastes' means waste rnaterial containing trans-uranic elements with contamination levels as determined by the regulations of(1) the U.S. Nuclear Regulatory Commission or (2) any host state, if it is an agreement state under Section 274 of the Atomic Energy Act of 1954. 42 Usc 2021.

"13. ' Waste management' means the storage, treatment, or dis-posal of waste.

" ARTICLE 3 "RIGifTS AND OBLIGATIONS "The rights granted to the party states by this compact are Prohibition.

additional to the ri;: hts enjoyed by sovereign states, and nothing in this compact shall be construed to infringe upon, limit, or abridge those rights.

"(A) Subject to any license issued by the U.S. Nuclear Regulatory Commission or a host state, each party state shall have the right to hav2 all wastes generated within its borders stored, treated, or disposed cf, as applicable, at regional facilities and, additionally, shall have the right of access to facilities made available to the regi;n through agreements entered into by the Commission pursu-cat to article 4(eX9). The right of access by a generator within a party state to any regional facility is limited by its adherence to cpplicable state and federal law and regulation.

"(B) If no operating regional facility is located within the borders (f c party state and the waste generated within its borders must theref;re be stored, treated, or disposed of at a regional facility in (nother party state, the party strate without such facilities may be required by the host state or states to establish a mechanism which provides compensation for access to the regional facility according to terms and conditions established by the host state or states and cpproved by a two-thirds vote of the Commission.

"(C) Each party state must establish the capability to regulate, license, and ensure the maintenance and extended care of any facility within its borders. Host states are responsible for the avail-cbility, the subsequent pos;-closure observation and maintenance,71-139 o 3 (240) 1

A.31.33 f

- 99 STAT.1874 PUBLIC LAW 99-240-JAN.15,1986 and the extended institutional control of their regional facilities in accordance with the provisions of Article 5, Section (b).

Regulations. "(D) Each party state must establish the capability to enforce any Trsnsportation. applicable federal or state laws and regulations pertaining to the psckaging and transportation of waste generated within or passing through its borders. -

4 "(E) Each party state must provide to the Commission on an am.ual basis any data and information necessary to the im-plementation of the Commission's responsibilities. Each party state shall establish the capability to obtam any data and information 2 necessary to meet its obligation.

"(F) Each party state must, to the extent authorized by federal law, require generators within its borders to use the best available i waste management technologies and practices to minimize the vol-umes of waste requiring disposal.

"Aaricum 4 "THE COMM18stON southeast "(A) There is hereby created the Southeast Interstate Low-Level Interstate Radioactive Waste Management Commission (' Commission

• or 'Com-l-

d;j" pact Commission'). The Commission shall consist of two voting members from each_ party state to be appointed according to the wast.

! Management laws of each state. The appointing authorities of each state must

! commission, notify the Commission in writing of the identity of its members and esWishment. any alternates. An alternate may act on behalf of the member only f in the member's absence.

"(B) Each commission member is entitled to one vote. No action of l k the Commission shall be binding unless a majority of the total membership cast their vote in the affirmative, or unless a greater than majonty vote is specifically required by any other provision of this com_ pact.

"(C) The Commission must elect from among its members a presiding officer. The Commission shall adopt and publish, in l

convenient form, bylaws which are consistent with this compact.

]

"(D) The Commission must meet at least once a year and also meet upon the call of the presiding officer, by petition of a mWority of the party states, or upon the call of a host state. All meetings of the Commission must be open to the public.

' "(E) The Commission has the following duties and powers: i "1. To receive and approve the application of a nonparty state to 4

become an eligible state in accordance with the provisions of Article 7(b).

"2. To receive and approve the application of a nonparty state to become an eligible state in accordance with the provisions of Article

- 7(c).

Report. "3. To submit an annual report and other communications to the Governors and to the presiding officer of each body of the legislature of the party states regarding the activities of the Commission. .

t IIealth. "4. To develop and use procedures for determining, consistent j Safety- with consideratio 1 fe: public health and safety, the type and s

number of regional facilities which are presently necessary and which are projected to be necessary to manage waste generated within the region.

"5. To provide the party states with reference guidelines for

< establishing the criteria and procedures for evaluating alternative locations for emergency or permanent regional facilities.

A.31.34 PUBLIC LAW 99-240--JAN.15,1986 99 STAT.1875 "6. To develop and adopt, within one year after the Commission is constituted as piovided in Article 7(d) procedures and criteria for identifying a party state as a host state for a regional facility as determined pursuant to the requirements of this article. In accord-ance with these procedures and criteria, the Commission shall identify a host state for the development of a second regional disposal facility within three years after the Commission is con-stituted as provided for in Article 7(d), and shall seek to ensure that such facility is licensed and ready to operate as soon as required but in no event later than 1991.

"In developing criteria, the Commission must consider the follow. IIcalth.

ing; the health, safety, and welfare of the citizens of the party states; sarety.

the existence of regional facilities within each party state; the [n"LC$

mimm12ation of waste transportation; the volumes and types of protection.

wastes generated within each party state; and the environmental, economic, and ecolorcal impacts on the air, land, and water re-sources of the party states.

"The Commission shall conduct such hearings, require such re- Reports ports, studies, evidence, and testimony, and do what is required by stu6es its approved procedures in order to identify a party state as a host state for a needed facility.

"7. In accordance with the procedures and criteria developed Prohibition.

pursuant to Section (ex6) of this Article, to designate, by a two-thirds vote, a host state for the establishment of a needed regional facility.

The Commission shall not exercise this authority unless the party states have failed to voluntarily pursue the development of such facility. The Commission shall have the authority to revoke the membership of a party state that willfully creates barriers to the siting of a needed regional facility.

"8. Tc require of and obtain from party states, eligible states seeking to become party states, and nonparty states seeking to become eligible states, data and information necessary to the im-plementation of Commission responsibilities.

"9. Notwithstanding any other contracta into agreements with any person, provision state, of regional or similar this compact, bod.v ortoimports.

enter group of states for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. The authorization to import requires e two-thirds majority vote of the Commission, including an affirmative vote of both representatives of a host state in which any affected regional facility is located. This shall be done only after an assessment of the affected facility's capability to handle such wastes.

"10. To act or appear on behalf of any party state or states, only upon written request of both members of the Commission for such state or states as an intervenor or party in interest before Congress, state legislatures, any court of law, or any federal, state, or local agency, board, or commission which has jurisdiction over the management of wastes. The authority to act, intervene, or otherwise appear shall be exercised by the Commission, only after approval by a majority vote of the Commission.

"11. To revoke the membership of a party state in accordance with Article 7(f).

"F. The Commission may establish any advisory committees as it deems necessary for the purpose of advising the Commission on any matters pertaining to the management of low-level radioactive waste.

A.31.35 99 STAT.1876 PUBLIC LAW 99-240--JAN.15,1986 7-l \

\ ) "G.The Commission may appoint or contract for and compensate

\d such limited staff necessary to carry out its duties and functions.

The stalT shall serve at the Commission's pleasure irrespective of the civil service, personnel, or other merit laws of any of the party states or the federal government and shall be compensated from funds of the Commission. In selecting any stalT, the Commission shall assure that the stnft has adequate experience and formal training to carry out suo functions as may be assigned to it by the Commissicn. If the Commission has a headquarters it shall be in a party state.

"II. Funding for the Commission must be provided as follows:

"1. Each eligible state, upon becoming a party state, shall pay twenty.five thousand dollars to the Commission which shall be used for costs of the Commission's services.

"2. Each state hosting a regional disposal facility shall annually levy special fees or surcharges on all users of such facility, based upon the volume of wastes disposed of at such facilities, the total of which:

"a. must be sufficient to cover the annual budget of the Commission; "b. must represent the financial commitments of all party states to the Commission:

"c. must be paid to the Commission; Provided, however, That each host state collecting such fees or surcharges may retain a portion of the collection sufficient to cover its administrative costs of collection and that the remainder be sufTicient, only to cover the approved annual budgets of the l (/-,h/

! Commission.

I V "3. The Commission must set and approve its first annual budget i as soon as practicable after its initial meeting. Host states for i disposal facilities must begin imposition of the special fees and surcharges provided for in this section as soon as practicable after becoming party states and must remit to the Commission funds resulting from collection of such special fees and surcharges within sixty days of their receipt.

Audit. "l. The Commission niust keep accurate accounts of all receipts Report. and disbursements. An independent certified public accountant shall annually audit all receipts and disbursements of Commission j funds and submit an audit report to the Commission. The audit I report shall be made a part of the annual report of the Commission required by Article 4(eX3).

Grants. "J. The Commission may accept for any of its purposes and functions any and all donations, grants of money, equipment, sup-plies, materials, and services (conditional or otherwise) from any state, or the United States, or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corpora-Report. tion, and may receive, utilize, and dispose of the same. The nature, amount, and condition, if any, attendant upon any donation or grant accepted pursuant to this acetion, together with the identity of the donor, grant >r, or lender shall be detailed in the annual report to the Commiss.on.

"K. The Commission is not responsible for any costs associated with:

"(1) the creation of any facility,

(~Nj

"(2) the operation of any facihty,

( ,j "(3) the stabilization and closure of any facility,

A.31.36 PUBLIC LAW 99-240--JAN.15,1986 99 STAT.1877

"(4) the post-closure observation and maintenance of any facility, or

"(5) the extended institutional control, after post <losure observation and maintenance of any facility.

"L. As of January 1,1986, the management of wastes at regional f cilities is restricted to wastes generated within the region, and to wastes generated within nonparty states when authorized by the Commission r 'rsuant to the provisions of this compact. After Janu- Prohibition.

try 1,1986, t a Commission may prohibit the exportation of waste Ex;mrta from the region for the purposes of management.

"M.1. The Commission herein established is a legal entity sepa-r;te and distinct from the party states capable of acting in its own behalf and is liable for its actions. Liabilities of the Commission rSil not be deemed liabilities of the party states. Members of the Commission shall not personally be liable for action taken by them in their oflicial capacity.

"2. Except as specifically provided in this compact, nothing in this Prohibition.

compact shall be construed to alter the incidence of liability of any kind for any act, omission, course of conduct, or on account of any crusal or other relationships. Generators and transporters of wastes c.nd owners and operators of sites shall be liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto.

"AaT!cLE 5

" DEVELOPMENT AND OPERATION OF FAcIIJTIES "A. Any party state which becomes a host state in which a regional facility is operated shall not be designated by the Compact Commission as a host state for an additional regional facility until cach party state has fulfilled its obligation, as determined by the Commission, to have a regional facility operated within its borders.

"B. A host state desiring to close a regional facihty located within its borders may do so only after notifying the Commission in writing of its intention to do so and the reasons therefor. Such notification shall be given to the Commission at least four years prior to the intended date of closure. Notwithstan6ng the four-year notice ifealth-requirement herein provided, a host state is not prevented from S*t r closing its facility or establishing conditions ofits use and operations as necessary for the protection of the health and safety of its citizens. A host state may terminate or limit access to its regional facility if it determines that Congress has materially altered the conditions of this compact.

"C. Each party state designated as a host state for a regional facility shall take appropriate steps to ensure that an application for a license to construct and operate a facility of the designated type is filed with and issued by the appropriate authority.

"D. No party state shall have any form of arbitrary prohibition on Prohibition the treatment, storage, or disposal of low-level radioactive waste within its borders.

" ARTICLE 6 "OTHER LAWS AND REGULATIONS "A. Nothing in this compact shall be construed to: Prohibition 1

A.31.37 l 99 STAT.'1878 PUBLIC LAW 99-240-JAN.15,1986 i

'S

. ) "(1) Abrogate or limit the applicability of any act of Congress N/ or diminish or otherwise impair the jurisdiction of any federal agency expressly conferred thereon by the Congress.

"(2) Abrogate or limit the regulatory responsibility and authority of the U.S. Nuclear Regulatory Commission or of an agreement state under Section 274 of the Atomic Energy Act of 42 Usc 2021. 1954 in which a regional facility is located.

"(3) Make inapplicable to any person or circumstance any

• other law of a party state which as not inconsistent with this compact.

"(4) Make unlawful the continued development and operation of any facility already licensed for development or operation on the date this compact becomes effective, except that any such facility shall comply with Article 3. Article 4, and Article 5 and shall be subj'ect to any action lawfully taken pursuant thereto.

Prohibition. "(5) Prohibit any storage or treatment of waste by the genera-tor on its own premises.

. "(6) Affect any judicial or administrative proceeding pending j on the effective date of this compact.

> "(7) Alter the relations between, and the respective internal responsibilities of, the government of a party state and its a subdivisions.

Research and "(8) Affect the generation, treatment, storage, or disposal of j devel0Pment. waste generated by the atomic energy defense activities of the Secretary of the United States Department of Energgor federal research and development activities as defined in rublic Law -

p 42 Usc 2021b 96-573.

note. "(S) Affect the rights and powers of any party state and its political subdivisions to regulate and license any facility within its borders or to affect the rights and powers of any party state and its political subdivisions to tax or impose fees on the waste managed at any facility within its borders.

Prohibition. "B. No party shall pass any law or adopt any regulation which is 3

1 Regulation. inconsistent with this compact. To do so may j,eopardize the mem-bership status of the party state.

Prohibition. "C. Upon formation of the compact no law or regulation of a party. i i Regulation. state or of any subdivision or instrumentality thereof may be i applied so as to restrict or make more inconvenient access to any regional facility by the generators of another party state than for

the ge.'mtors of the state where the facility is situated.

"D. Restrictions of waste management of regional facilities pursu.

ant to Ar'icle 4 shall be enforceable as a matter of state law.

! "ARTict.E 7 4 "EllOIBLE PARTIES; WITHDRAWAL; REVOCAT!oN; ENTRY INTO FORCE; 7

TERMINATION i Alabama. "A. This compact shall have as initially eligible parties the States

. Florida. of Alabama, Florida, Georgia, Mississippi, North Carolina, South

, ce raia. . Carolina, Tennessee, and Virginia.

No7M ;n , "B. Any state not expressly declared eligible to become a party South Carolina. state to this compact in Section (A) of this Article may petition the _

Tennesee. Commission, once constituted, to be declared eligible. The Commis-

%rginia- sion may establish such conditions as it deems necessary and appro-

.!, priate to be met by a state wishing to become eligible to become a party state to this compact pursuant to such provisic,ns of this I

L f

.--.-.---,.--~._,m-----..----,,,.m.-.-.-,., .,--.c.--.-.-,mm_ - - . --- .m,- , y _yy _,y-,- , , . , , , _

A.31.38 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1879 section. Upon satisfactorily meeting the conditions and upon the effirmative vote of two-thirds of the Commission, including the c.ffirmative vote of both representatives of a host state in which any effected regional facility is located, the petitioning state shall be eligible to become a party state to this compact and may become a party state in the manner as those states declared eligible in Section (a)of this Article.

"C. Each state eligible to become a party state to this compact shall be declared a party state upon enactment of this compact into law by the state and upon payment of the fees required by Article 4(II)(1). The Commission is the judge of the qualifications of the party states and of its members and of their compliance with the conditions and requirements of this compact and the laws of the party states relating to the enactment of this compact.

"D.1. The first three states eligible to become party states to this compact which enact this compact into law and appropriate the fees required by Article 4(II)(1) shall immediately, upon the appointment of their Commission members, constitute themselves as the South-east Low-Level Radioactive Waste Management Commission; shall cause legislation to be introduced in Congress which grants the consent of Congress to this compact; and shall do those things necessary to organize the commission and implement the provisions of this compact.

"2. All succeeding states eligible to become party states to this compact shall be dxlared party states pursuant to the provisions of Section (C) of this Article.

"3. The consent of Congress shall be required for the full im- EfTective date.

plementation of this compact. The provisions of Article 5 Section (D) shall not become effective until the effective date of the import ban authorized by Article 4, Section (L) as approved by Congress. Con-gress may by law withdraw its consent only every five years.

"E. No state which holds membership in any other regional Prohibition.

compact for the management of low-level radioactive waste may be considered by the Compact Commission for eligible state status or party state status.

"F. Any party state which fails to comply with the provisions of this compact or to fulfill the obligations incurred by becoming a party state to this compact may be subject to sanctions by the Commission, including suspension of its rights under this compact and revocation of its status as a party state. Any sanction shall be imposed only upon the affirmative vote of at least two-thirds of the Commission members. Revocation of party state status may take effect on the date of the meeting at which the Commission approves the resolution imposing such sanction, but in no event shall revoca-tion take effect later than ninety days from the date of such meeting. Rights and obligations incurred by being declared a party state to this compact shall continue until the effective date of the sanction imposed or as provided in the resolution of the Commission imposing the sanction.

' The Commission must, as soon as practicable after the meeting at which a resolution revoking status as a party state is approved, provide written notice of the action, along with a copy of the resolution, to the Governors, the Presidents of the Senates, and the Speakers of the Ilouses of Representatives of the party states, as well as chairmen of the approprin'e committees of Congress.

"G. Any party state may withdraw from the compact by enacting a la v repealing the compact; provided, that if a regional facility is

A.31.39 99 STAT.1880 PUBLIC LAW 99-240-JAN.15,1986 located within such a state, such regional facility shall remain available to the region for four years after the date the Commission receives notification in writing from the governor of such party state

' of the rescission of the compact. The Commission, upon receipt of the notification, shall as soon as practicable provide copies of such notification to the Governors, the Presidents of the Senates, and the Speakers of the Houses of Representatives of the party states as well as the chairmen of the appropriate committees of Congress.

"H. This compact may be terminated only by the affirmative action of Congress or by the rescission of all laws enacting the compact in each party state.

"AaTict.E 8

" PENALTIES "A. Each party state, consistently with its own law, shall prescribe and enforce penalties against any person not an official of another state for violation of any provisions of this compact.

Regulation. "B. Each party state acknowledges that the receipt by a host state of waste packaged or transported in violation of applicable laws and regulations can result in the imposition of sanctions by the host state which may include suspension or revocation of the violator's right of access to the facility m the host state.

"AnTict.E 9 "SEVERABITJTY AND cONSTRUCrION Provisions held "The provisions of this compact shall be severable and if any invalid. phrase, clause, sentence, or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constittition of any participating state or of the United States, or the applicabil-ity thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any State participating therein, the compact shall remain in full force and efTect a.3 to the state affected as to all severable matters. The provisions of this compact shall be liberally construed to give effect to the purposes thereof.".

42 USC 2021d SLC. 224. CEFTilAL MIDWEST INTERSTATE LOW. LEVEL RADIOACTIVE note. WASTE COMPACT.

Illinois. In accordance with section 4(ay2) of the Low. Level Radioactive Kentucky. Waste Policy Act (42 U.S.C. 2021d(aX2)), the consent of the Congress hereby is given to the States of Illinois and Kentucky to enter into the Central Midwest Interstate Iow-level Radioactive Waste Com-pact. Such compact is substantially as follows:

" ARTICLE I. POLICY AND PURPOSE "There is created the Central Midwest Interstate Iow. Level Radioactive Waste Compact.

"The states party to this compact recognize that the Congress of the United States, by enacting the low-Imvel Radioactive Waste 42 USc 2021b Policy Act (42 U.S.C. 2021), has provided for and encouraged the note. development of low-level radioactive waste compacts as a tool for

A.31A0 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1881 managing such waste. The party states acknowledge that Congress declared that each state is responsible for providing for the avail-gbility of capacity either within or outside the state for the disposal of low-level radioactive waste generated within its borders, except f:r waste generated as a result of certain defense activities of the federal government or federal research and development activities.

Th3 party states also recognize that the management of low-level rrdioactive waste is handled most efficiently on a regional basis; and, that the safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to manage such waste be properly provided-

"a)It is the policy of the party states to enter into a regional low-level radioactive waste management compact for the purpose of:

"l) providing the instrument and the framework for a cooperative effort; "2) providing sufficient facilities for the proper management of low-level radioactive waste generated in the region; "3) protecting the health and safety of the citizens of the Healt h.

region; Safety-

"4) limiting the number of facilities required to manage low-level radioactive waste generated in the region effectively and efficiency; "5) promoting the volume and source reduction of low level radioactive waste generated in the region; "6) distributing the costs, benefits and obligations of success-ful low-level radioactive waste management equitably among the party states and among generators and other persons who use regional facilities to manage their waste; "7) ensuring the ecological and economical management of low level radioactive waste, including the prohibition of shal-low-land burial of waste; and "8) promoting the use of above-ground facilities and other disposal technologies providing greater and safer confinement oflow-level radioactive waste than shallow-land burial facili; m.

"b) Implicit in the Congressional consent to this compact is the Regulations.

expectation by the Congress and the party states that the appro-priate federal agencies will actively assist the Compact Commission and the individual party states to this compact by:

"l) expeditious enforcement of federal rules, regulations and laws; "2) imposition of sanctions against those found to be in viola-tion of federal rules, regulations and laws; and "3) timely inspection of their licensees to determine their compliance with these rules, regulations and laws.

" ARTICLE IL DEFINITIONS "As used in this compact, unless the context clearly requires a different construction:

"a) ' Commission' means the Central Midwest Interstate Low-Level Radioactive Waste Commission.

"b)'Decummissioning' means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at a facility.

"c) ' Disposal' means the isolation of waste from the biosphere in a permanent facility designed for that purpose.

4 j i* A,31.41 PUBLIC LAW 99-240-J AN.15,1986 ' ,

.. i

" f 99 STAT.'1882 "d) 'Eligihte' state means 'either the State of. Illinois or the

\

Commonwealth

" of Kentucky, he continued observation of a facility e)' Extended care

• means t after closurp t'or the purpose of detecting a need for maintenance, and determining compliance with ensuring applicableenvironmental licensure and regu safety,latory requirements and inchdas undertaking any action or clean-up necessary to protect public health and the environment from radioactive releases from a I

reponalfacilit,y' ff) ' Facility m eans a parcel of land or site, together with the

' , structures, equipment and improvements on or appurtenant to the i land or site, which is used or is being developed for the treatment, 3

storage or disposal of low-leiel radioactive waste.

t t

"g) ' Generator' means a person who produces or possesses low-I level radioactive waste in the course of or incident to manufactur-ing, power generation, processing, medical diagnosis and treatment, i research, or other industrial or commercial activity and who, to the extent required by law, is licensed by the U.S. Nuclear Regulatory _ .l I<' Commission or a party state, to produce or possess such waste. t "h) 'llest state' means any party state that is designated by the -

I Commission to host a regional facility, provided that a party state  :

with a total volume of waste recorded on low-level radicactive waste i i

manifests for any year that is less than 10 percent of the total ,

' volume recorded on such manifests for the region during the same - '

l 9 year shall not be designated a host state. -

"i)

• Institutional control' means those activities carried out by the - -l host stato to physically control access to the Liisposal site following 1 transfer of control of the disposal site from the disposal site operator V to the state or federal government. Theec activities must include,-

but need not be limited to, environmental monitoring,ivities at periodic

] surveillance, minor custodial care, and other necessary act

' the site as determined by the host state, and administration of funds

• to covaa the costs for these activities. The period of institutional I control will be determined by the host state, but institutional con-trol may not be relied upon for more than 100 years following j

transfer of control of the disposal site to the state or federal j government.

9 "j) 'lang-term liability' means the financial obligation to com-f pensate any person for medical and other expenses incurred from damages to human health, personal injuries suffered fro:a U. mages to human health and damages or losses to real or personal property, i and to provide for the costs for acccmplishing any nectesary correc-

< tive action-or clean-up on real or personal property caused by radioactive releases from a regional facility.

"k) ' Low-level radioactive waste' or. ' waste' menin radicative j

waste not classified as (1) high-level rrdioactive waste, c) trans--

1 uranic waste, (3) spent nuclear fuel, or (4) by-product material as n Usc 2cn defined in Section lle. (2) of the Atomic Ene Act 'of 1964.

"l)' Management plan' means the plan adopted b l e Commission

for the storage, transportntion, treatment and isposal )

of\ wastes

)' within the region. '

i "m)' Manifest' means a shipping document identify' lag the ' genera-i tcr of waste, the volume of waste, the quantity of nrhonuclides in

the shipment, and such other information as may be tvquhui by the appropriate regulatory agency.n) 'Partj state' means any eligibl pact into law cnd pays the membership fee.

-N f

\

~..,'-.sa ,-,-n ms a-.- r---, - - , - ~ - .n-,, ,

A.31,42 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1883 "o) ' Person' means any individual, corporation, business enter-prise or other legal entity, either public or private, and any legal successor, representative, agent or agency of that individual, cor-poration, busmess enterprise, or legal entity.

"p) ' Region' means the geographical area of the party states.

"q)' Regional facility' means a facility which is located within the region and which is established by a party state pursuant to designa.

tion of that state as a host state by the Commission.

"r) ' Shallow-land burial' means a land disposal facility in which radioactive waste is disposed of in or within the upper 30 meters of the earth's surface; however, this definition shall not include an enclosed, engineered, strongly structurally enforced and solidified bunker that extends below the earth's surface.

"s)' Site' means the geographic location of a facility.

"t) ' Source reduction means those administrative practices that reduce the radionuclide levels in low-level radioactive waste or that prevent the generation of additional low-level radioactive waste.

"u) ' State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any other territorial possession of the United States.

"v)' Storage' means the temporary holding of waste for treatment or disposal.

"w) ' Treatment' means any method, technique or process, includ-ing storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to render the waste safer for transport or management, amenable to recovery, convertible to another usable material or reduced in volume.

"x) ' Volume reduction' means those methoe including, but not limited to, biological, chemical, mechanical and thermal methods used to reduce the amount of space that waste materials occupy and to put them into a form suitable for storage or disposal.

"y)

• Waste management' means the source and volume reduction,

terage, t ransportation, treatment or disposal of waste.

" ARTICLE IIL THE COMMISSICN "a) There is created the Central Midwest Interstate Low-Level central Midwest Radioactive Waste Commission. Upon the eligible states becoming laterstate Ia-party states, the Commission shall consist of two voting members I I from each state eligible to be a host state, one voting member from $"dff'""

any other party state, and an ex officio non-voting member who is a commiaion, member of the County Board of or who is a County Commissioner of estabhshment-each host county. The Governor of each party state shall notify the Commission in writing of its members and any alternates.

"bi Each Commission member is entitled to one vote. No action of the Commission is binding unless a majority of the total member-ship casts its vote in the affirmative.

"c) The Commission shall elect annually from among its membem a chairperson. The Commission shall adopt and publish, in conven- Pubhc inrarma.

ient form, by-laws and policies that are not inconsistent with this t wn-compact, including procedures that conform with the provisions of the Federal Administrative Procedure Act (5 U.S.C. ss. 500 to 559) to the greatest extent practicable in regard to notice, conduct and recording of meetings; access by the public to records; provision of '

information to, the public; conduct of adjudicatory hearings; and issuance of decisions. i l

l

,_ _ _ _. - _ _ _ . _ . _ . ~ . _ _ _ _ _ ~_ _

I t'"

h' _

I A.31.43 '

L 99 STAT.1884 - PUBLIC LAW 99-240-JANJ 15,1986 ,

$ "d) The Commission shall meet at least once annually and shall also meet upon the call of the chairperson or a Commission member. " '

."e) All meetings of the Commission and its designated committees -

F shall be open to the public with reasonable advance notice. The

!' - Commission may, by mWority vote, close a meeting to the public for .

l the purpose of considering sensitive personnel or legal strategy -

matters. However, all Commission actions and decisions shall be made in open meetings and appropriately recorded. A roll call may --

• be required upon request of any member or the presiding oNicer.

' "f) The Commission may establish advisory committees for the ,

' purpose of advising the Commission on any matters pertaining to -

> waste management, waste generation .and source and volume.

reduction.

"g) The Office of the Corr. mission shall be in the first state eligible to be a host state.The Commission may appoint or contiact for and :

compensate such staff necessary to carry out its duties and func- ,

tions. The staff shall serve at the Commission's pleasure with the 1

exception that staff hired as the result of secunng federal-funds shall be hired and governed under applicable federal statutes and -

i regulations. In selecting any staff, the' Commission shall assure that ,

L the staff has adequate experience and formal training to carry out

> the functions assigned to it by the Commission.

< n. cords.

"h) All files, records and data of the Commission shall be open to j Public reasonable public inspection and may be copied upon payment of

NPectie- reasonable fees to be established where appropriate by the Commis-.

i sion, except for information privil against introduction in ju-

dicial proceedings. Such fees may waived or shall be reduced 4 substantially for not-for-profit organizations.

"i)The Commission may:

, Contracts. "l) Enter into an agreement or contract with any person, 1 Prohibitions- state or group of states for the right to use regional facilities for waste generated outside of the region and for the right to use ,

facilities outside the region for waste generated within the '

region. No person may use a regional facility for waste gen-erated outside the region unless both a majority of the members 1-

= of t'ne Commission and all members from the host state in -

which any affected regional facility is located vote in favor of

• 4 permitting such use. No person in the region may use a storsq[e, i treatment or disposal facility outside the region without pnor -

Commission approval. No such agreement or contract shall be valid unless specifically approved by a law enacted by the i legislature of the host state.

"2) Approve the disposal of waste generated within the region at a facihty other than a regional facility. ,

- "3) Appear as an intervenor or party in interest before any

+ court of law or any federal, state or local agency, board or.

Reports. commission in any matter related to waste ruanagement. In l order to represent its views, the Commission may arrange for

1. any expert testimony, reports, evidence or other participation.

Prohibition. 4) Review the emergency closure of a regional facility, deter-4- mine the appropriateness of that closure, and take whatever actions are necessary to ensure that the interests of the region are protected, provided that a party state with a total volume of waste secorded on low-level radioactive waste manifests for any year that is less than 10 percent of the total volume recorded on such manifests for the region during the same year shall not be designated a host state or be required to store the region's 4

l(

f u

->_...,L, - ,+n > , , , - . - - - - - - , - . . .a --;,..,,- . ....i-

A.31.44 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1885 waste. In determining the 10 percent exclusion, there shall not be included waste recorded on low-level radioactive waste mani-fests by a person whose principal business is providing a service by arrangmg for the collection, transportation, treatment, stor-age or disposal of such waste.

"5) Take any action which is appropriate and necessary o perform its duties and functions as provided in this compact.

"6) Suspend the privileges or revoke the membership of a party state.

"j) The Commission shall:

"1) Submit an annual report to, and otherwise communicate neport.

with, the governors and the appropriate ofTicers of the legisla-tive bodies of the party states regarding the activities of the Commission.

"2) Here, negotiate, and, as necessary, resolve by final deci-sion disputes which may arise between the party states regard-ing this compact.

3) Adopt and amend, as appropriate, a regional management plan that plans for the establishment of needed regional facilities.

"4) Adopt an annual budget.

"k) Funding of the budget of the Commission shall be provided as follows:

"1) Each state, upon becoming a party state, shall pay $50,000 to the Commission which shall be used for the admmistrative costs of the Commission.

"2) Each state hosting a regional facility shall levy surcharges on each user of the regional facility based upon its portion of the total volume and characteristics of wastes managed at that facility. The surcharges collected at all regional facilities shall:

"A) be sufficient to cover the annual budget of the Commission; and "B) be paid to the Commission, provided, however, that each host state collecting surcharges may retain a portion of the collection sufficent to cover its admmistrative costs of collection.

"l) The Commission shall keep accurate accounts of all receipts e.nd disbursements. The Commission shall contract with an contracts-ind pendent certified public accountant to annually audit all re- Audit.

ceipts and disbursements of Commission funds and to submit an nePOM8.

c.udit report to the Commission. The audit report shall be made a part of the annual report of the Commission required by this Article.

"m) The Commission may accept for any of its purposes and c, rants.

functions and may utilize and dispose of any donations, grants of neport.

mon *y, equipment, supplies, materials and services from any state or the United States (or any subdivision or agency thereof), or interstate agency, or from any institution, person, firm or corpora-tion. The nature, amount and condition,if any, attendant upon any donition or grant accepted or received by the Commission together with the identity of the donor, grantor, or lender, shall be detailed in the ennual report of the Commission. The Commission shall estab-lish guidelines for the acceptance of donations, grants, equipment, supplies, materials and services and shall review such guidelines E nnuilly.

"n) The Commission is not liable for any costs associated with any d tha following:

A.31.45

- 99 STAT.1886 PUBLIC LAW 99-240-JAN.15,1986 "l) the licensing and construction of any facility;

,' "2) the operation of any facility;

' Q "3) the stabilization and closure of any facility; "4) the extended care of any facility; "5) the institutional control,' alter extended care of any facil, ity; or Transportation. "6) the transportation of waste to any facility.

"o) The Commission is a legal entity separate and distinct from the party states and is liable for its actions as a separate and distinct legal entity. Members of the Commission are not personally liable -

for actions taken by them in their official capacity.

j~

"p) Except as provided under Sections (n) and (o) of this Article, nothing in this compact alters liability for any action, omission,

! course of conduct or liability resulting from any causal or other relationships.

"q) Any person aggrieved by a final decision of the Commission, which adversely affects the legal rights, duties or privileges of such person, may petition a court of competent jurisdiction, within 60

" days after the Commission's final decision, to obtain judicial review I of said final decision.

i " ARTICLE IV. REGIONAL MANAGEMENT PLAN "The Commission shall adopt a regional management plan de-signed to ensure the safe and eliicient management of waste gen-erated within the region. In adopting a regional waste management plan the Commission shall:

Health. "a) Adopt procedures for determining, consistent with consider-safety. ations of public health and safety, the type and number of regional facilities which are presently necessary and which are projected to be necessary to manage waste generated within the region.

"b) Develop and adopt policies promoting source and volume reduction of waste generated within the region.

"c) Develop alternative means for the treatment, storage and disposal of waste, other than shallow-land burial or underground injection well.

"d) Prepare a draft regional managernent plan that shall be made available in a convenient form to the public for comment. The Commission shall conduct one or more public hearings in each party state prior to the adoption of the regional management plan. The regional management plan shall include the Commission's response ,

to public and party state comment.

I " ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES

$ "a) Each party state shall act in good faith in the performance of acts and courses of conduct which are intended to ensure the provision of facilities for regional availability and usage in a manner I consistent with this compact.

y "b) Other than the provisions of Article V(f), each party state h$s the right to have all wastes generated within borders managed at regional facilities subject to the provisions contained in Article IX(b) n s

%/

and IX(c). All party states have an equal right of access to any facility made available to the region by any agreement entered into by the Commission pursuant to Article llI(iXI).

, , , ~ , - - n,- .-, - , --- , , . - , - , -a-----..n-

A.31.46 PUBLIC LAW 99-240--JAN.15,1986 99 STAT.1887 "c) Party states or generators may negotiate for the right of access Exports.

to a facility outside the region and may export waste outside the region subject to Commission approval under Article III(i)(1).

"d) To the extent permitted by federal law, each party state may Regulations.

cnforce any applicable federal and state laws, regulations and rules Transportation.

pertaining to the packaging and transportation of waste generated $,$b -n.

within or passing through its borders. Nothing in this Section shall be construed to require a party state to enter into any agreement with the U.S. Nuclear Regulatory Commission.

"g) Each party state shall provide to the Commission any data and infirmation the Commission requires to implement its responsibil-ities. Each party state shall establish the capability to obtain any data aid information required by the Commission.

"f) Waste originating from the Maxey Flats nuclear waste disposal Kentucky.

site in Fleming County, Kentucky shall not be shipped to the Prohibition.

regional facility for storage, treatment or disposal. Disposition of these wastes shall be the sole responsibility of the Commonwealth of K:ntucky and shall not be subject to the provisions of this compact.

" ARTICLE VI. DEVELOPMENT AND OPERATION OF FACILITIES "t) Any party state may volunteer to become a host state, and the Commission may designate that state as a host state.

"b)If all regional facilities required by the regional management pl1n rare not developed pursuant to Section (a), or upon notificatiori that an existing regional facility will be closed, the Commission may design .te a host state.

"c) A party state shall not be selected as a host state for any Prohibitions.

regional facility unless that state's total volume of waste recorded on low-level radioactive waste manifests for any year is more than 10 percent of the total volume recorded on such manifests for the region dunng the same year. In determining the 10 percent exclu-sion, there shall not be included waste recorded on low. level radio-active waste manifests by a person whose principal business is providing a service by arranging for the collection, transportation, treatment, storage or disposal of such waste.

"d) Each party state designated as a host state is responsible for Prohibition.

determining possible facility locations within its borders. The selec-tion of a facility site shall not conflict with applicable federal and hect.st .te laws, regulations and rules not inconsistent with this compact and shall be based on factors including, but not limited to, geological, environmental, engineering and economic viability of possible facility locations.

"e) Any party state designated as a host state may request the Commission to relieve that state of the responsibility to serve as a hcct state. The Commission may relieve a party state of this respon-sibility only upon a showing by the requesting party state that no f asible potential regional facility site of the type it is designated to hc.t exists within its borders.

"f) After a state is designated a host state by the Commission, it is responsible for the timely development and operation of a regional f;cility.

"g) To the extent permitted by federal and state law, a host state shall regulate and license any facility within its borders and ensure th3 cxtended care of that facility.

A.31.47

- 99 STAT.1888 PUBLIC LAW 99-240-JAN.15,1986

~

"h) The Commission may designate a party state m. a host state s

while a regional facility is in operation if the Commission deter-mines that an additional regional facility is or may be required to meet the needs of the region.

"i) Designation of a host state is for a period of 20 years or the life of the regional facility which is established under that designation, whichever is shorter. Upon request of a host state, the Commission taay modify the period of its designation.

"j) A host state may establish a fee system for any regional facility within its borders. The fee system shall be reasonable and equitable.

This fee system shall provide the host state with sufficient revenue to cover any costs including, but not limited to, the planning, siting, licensure, operation, pre closure corrective action or clean-up, mon-itoring, inspection, decommissioning, extended care and long term -

liability, associated with such facilities.This fee system may provide for payment to units of local government affected by a regional facility for costs incurred in connection with such facility' This fee system may also include reasonable revenue beyond the costs in-curred for the host state, subject to approval by the Commission.

The fee system shall include incentives for source or volume reduc-tion and may be based on the hazard of the waste. A host state shall submit an annual financial audit of the operation of the regional facility to the Commission.

"k) A host state shall ensure that a regional facility located within its borders which is permanently closed is properly decommissioned.

Health.

A host state shall also provide for the extended care of a closed or

, sarety. decommissioned regional facility within its borders so that the public health and safety of the state and region are ensured, unless, 42 Usc 10101 pursuant to the federal Nuclear Waste Policy Act of 1982, the L note. federal government has assumed title and custody of the regional facility and the federal government thereby has assumed respon-sibility to provide for the extended care of such facility.

Prohibition.

"l) A host state intending to close a regional facility located withm Environmental its borders shall notify the Commission in writing of its intention and the reasons. Notification shall be given to the Commission at hg "- least five years prior to the intended date of closure. This Section sarety. shall not prevent an emergency closing of a regional facility by a host state to protect its air, land and water resources and the health and safety of itc citizens. However, a host state which has an emergency closing of a regional facility shall notify the Commission in writing within three working days of its action and shall, within 30 working days of its action, demonstrate justification for the closing.

Prohibition. "m) If a regional facility Chees before an additional or new facility Transportation. becomes operational, waste generated within the region may be shipped temporarily to any location agreed on by the Commission until a regional facility is operational, provided that the region's waste shall not be stored in a party state with a total volume of waste recorded on low-level radioactive waste manifests for any year which is less than 10 percent of the total volume recorded on such manifests for the region during the same year. In determining the 10 percent exclusion, there shall not be included waste recorded on low-level radioactive waste manifests by a person whose principal g business is providing a service by arranging for the collection, transportation, treatment, storage or disposal of such waste.

p' "n) A party state which is designated as a host state by the j Commission and fails to fulfill its obligations as a host state mny q

A.31.48 PUBLIC LAW 99-240--JAN.15,1986 99 STAT.1889 h;ve its privileges under the compact suspended or membership in thy compact revoked by the Commission.

"o) The host state shall create an ' Extended Care and Long-Term Litbility Fund' and shall allocate sufficient fet. revenues, received pursuant to Article VI(j), to provide for the costs of:

"l) decommissioning and other procedures required for the proper closure of a regional facility; "2) monitoring, inspection and other procedures required for the proper extended care of a regional facility; "3) undertaking any corrective action or clean-up necessary to IIcatth.

protect human health and the environment from radioactive Environrnental releases from a regional facility; and protection.

"4) compensating any person for medical and other expenses Ilealth.

incurred from damages to human health, personal injuries neat pro Luffered from damages to human health and darnages or losses Q^* an[rty.

to real or personal property, and accomplishing any necessary En' u$a"n#ce.

corrective action or clean-up on real or personal property contracts.

caused by radioactive releases from a regional facility; the host state may allocate monies in this Fund in amounts as it deems appropriate to purchase insurance or to make other similar financial protection arrangements consistent with the purposes of this Fund; this Section shall in no manner limit the financial responsibilities of the site operator pursuant to Article VI(p) and the party states, or any other states which contract to dispose of wastes at the regional facility, pursuant to Article VI(q).

"p) The operator of a regional facility shall purchase an amount of neal property.

p*operty and third-party liability insurance deemed appropriate by Insurance.

th> host state, pay the necessary periodic premiums at all times and liealth.

m:ka periodic payments to the Extended Care and Long-Term Li:bility Fund as set forth in Article VI(o) for such amounts as the host state reasonably determines is necessary to provide for future primiums to continue such insurance coverage, in order to pay the cc:.ts of compensating any person for medical and other expenses incurred from damages to human health, personal injuries suffered from damages to human health and damages or losses to real or personal property, and accomplishing any necessary corrective g etion or clean-up on real or personal property caused by radioactive riases from a regional facility. In the event of such costs resulting from radioactive releases from a regional facility, the host state should, to the maximum extent possible, seek to obtain monies from such insurance prior to using momes from the Extended Care and Long-Term Liability Fund.

"q) All party states, or any other states which contract to dispose contracts.

of wastes at the regional facility, shall be liable for the cost of Prohibition.

extended care and long-term liability in excess of monies available from the Extended Care and Long-Term Liability Fund, as set forth in Article VI(o) and from the property and third-party liability insur:nce as set forth in Article VI(p). A party state may meet such liability for costs by levying surcharges upon generators located in th: party state. The extent of such liability for such party state shall be based on the proportionate share of the total volume of waste placed in the regional facility by generators located in each such party state. Such liability shall bejoint and several among the party states with a right of contribution between the party states. Ilow-cver, this Section shall not apply to a party state with a total volume cf waste recorded on low-level radioactive waste manifests for any

m - . . ~ ~ . _ . . ._ _ _. - - - - - . _

l l

< ~A.31.49 -

, 99 STAT.1890 ' PUBLIC LAW 99-240-JAN.15,~ 1986 I year that is less than 10 percent of the total volume recorded on  :

' such manifests for the region during the same year.

i,

! " ARTICLE VIL (yTHER LAWS AND REGULATIONS -

Prohioitions. "a) Nothing in this compact:

! "1) abrogates or limits the applicability of any act of Congrees or diminishes or otherwise impairs the jurisdiction of any fed-

+

eral agency expressly conferred thereon by the Congress; ,

"2) prevents the enforcement of any other law of a party state 4

1 which is not inconsistent with this compact; - .-

F "3) prohibits any storage or treatment of waste by the genera-tor on its own premises; ,

"4) affects any administrative or judicial proceeding pending j.

on the effective date of this compact; i

"5) alters the relations between the respective internal responsibility c,f the government of a party state and its subdivisions; . .. ..

Research and "6) affects the generation, treatment, storage or disposal of i~

development. waste generated by the atomic energy defense activities of the Secretary of the U.S. Department of Energy or successor agen-

! cies or federal resean:h and development activities as defined in i 42 U.S.C. 2021; Transportation. "7) affects the rights and powers of any party state or its-Taxes. political subdivisions, to the extent not inconsistent with this j p compact, to regulate and license any facility or the transpor-4 I tation of waste within its borders or affects the rights and .

powers of any state or its political subdivisions to tax or impose fees on the waste managed at any facility within its borders; Contracts. "8) requires a y state to enter into any agreement with .

the U.S. Nuclear tory Commission;or "9) alters or limits liability of transporters of waste and owners and operators of sites for their acts, omissions, conduct -

or relationships in accordance with applicable laws.

l-

"b) For purposes of this compact, all state laws or parts of laws in '

I conflict with this compact are hereby superseded to the extent of the

! conflict. --

l Prohibition. "c) No law, rule, regulation, fee or surcharge of a party state, or of Regulations. any of its subdivisions or instrumentalities, may be applied in a manner which discriminates against the generators of another party l j state.

Prohibition. "d) No person who provides a service by arranging for collection, I j

J transportation, treatment, storage or disposal for waste generated i

outside the region shall be allowed to dispose of such waste at a regional facility unless specifically approved by the Commission

pursuant to the provisions of Article III(iX1).

" ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY INTO FORCE, TERMINATION minois. "a) Eligible parties to this compact are the State of Illinois and Kentucky. Commonwealth of Kentucky. Ehgibility terminates on April 15, i 1985.

! "b) An eligible state becomes a party state when the state enacts the compact into law and pays the membership fee required hi j -

Article III(kX1).

i 4.

A.31.50 PUBLIC LAW 99-240--JAN.15,1986 99 STAT.1891 "c) The Commission is formed upon the appointment of Commis-sion members and the tender of the membership fee payable to the Commission by the eligible states. The Governor of Illinois shall convene the initial meeting of the Commission. The Commission shall cause legislation to be introduced in the Congress which grants the consent of the Congress to this compact, and shall take action necessary to organize the Commission and implement the provisions of this compact.

"d) Other than the special circumstances for withdrawal in Sec-tirn (D of this Article, either party state may withdraw from this compact at any time by repealing the authorizing legislation, but no withdrawal may take effect until 5 years after the governor of the withdrawing state gives notice in writing of the withdrawal to the Commission and to the governor of the other state. Withdrawal does not i ffect any liability already incurred by or cha:geable to a party stat? prior to the time of such withdrawal. Any host state which gr nts a disposal permit for waste generated in a withdrawing state sh:11 void the permit when the withdrawal of that state is effective.

"c) This compact becomes effective July 1,1984, or at any date EITective date.

subsequent to July 1,1984, upon enactment by the eligible states.

H:w;ver, Article IX(b) shall not take effect until the Congress has by Irw consented to this compact. The Congress shall have an cpportunity to withdraw such consent every 5 years. Failure of the Congress affirmatively to withdraw its consent has the effect of ren; wing consent for an additional 5 year period. The consent given Prohibition.

to this compact by the Congress she.1 extend to the power of the Eprts.

regi:n to ban the shipment of waste into the region pursuant to A rticle Ill(iXI) and to prohibit exportation of waste generated within the region pursuant to Article Ill(iXI).

"O A state which has been designated a host state may withdraw fr:m the compact. The option to withdraw must be exercised within 90 days of the date the governor of the designated state receives written notice of the designation. Withdrawal becomes effective EITective date.

immediately after notice is given in the following manner. The gov;rnor of the withdrawing state shall give notice in writing to the Commission and to the governor of each party state. A state which withdraws from the compact under this Section forfeits any funds slready paid pursuant to this compact. A designated host state which withdraws fram the compact after 90 days and prior to fulf ing its obligations shall be assessed a sum the Commission determines to be necessary to cover the costs borne by the Commis-sion end remaining party states as a result of that withdrawal.

" ARTICLE IX. PENALTIES "r) Each party state shall prescribe and enforce penalties against rny person who is not an official of another state for violation of any provision of this compact.

"b) Unless otherwise authorized by the Commission pursuant to Artiels III(i), after January 1,1986 it is a violation of this compact:

"l) for any person to deposit at a regional facility waste not generated within the regN; "2) for any regional F.cility to accept waste not generated within the region; "3) for any person to export from the region waste which is generated within the region; or l

1 1

A.31.51 -

99 STAT.1892 PUBLIC LAW 99-240-JAN.15,1986 l

"4) for any person to dispose of waste at a facility other than a ,

, U regional facility.

Regulation. "c) Each party state acknowledges that the rcceipt by a host state of waste packaged or transported in violation of applicable laws, rules or regulations may result in the imposition of sanctions by the

. host state which may include suspension or revocation of the viola-tor's right of access to the facility m the host state.

"d) Each party state has the right to seek legal recourse against any party state which acts in violation of this compact.

" ARTICLE X. SEVERABILITY AND CONSTRUCTION Provisions held "The provisions of this compact shall be severable and if any invalid. phrase, clause, sentence or provision of this compact is declared by a l~

court of competent jurisdiction to be contrary to the Constitution of any participating state or the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or cir-cumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and  ;

effect as to the state affected as to dl severable matters..

42 USC 2021d SEC. 225. MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE note. MANAGEMENT COMPACF.

Iowa. The consent of Congress is hereby given to the States of Iowa, Indiana. Indiana, Michigan, Minnetiota, Missouri, Ohio, and Wisconsin to

(;chigan nn enter into the Midwest Interstate Compact on Iew-level Radioactive Miseri. ' Waste Management. Such compact is as follows:

i Ohio.

Wi"*"'i"- " ARTICLE I. POLICY AND PURPOSE "There is created the Midwest Interstate Low-level Radioactive -

Waste Compact.

Research and "The states party to this compact recognize that the Cong,w ss of development. the United States, by enacting the Imw-Level Radioactive Waste Policy Act (42 U.S.C. 2021b to 2021d), has provided for and encour-aged the development of low-level radioactive waste compacts as a tool for managing such waste. The party states acknowledge that the Congress has declared that each state is responsible for provid-ing for the availability of capacity either within or outside the state for the disposal of low-level radioactive waste generated within its borders, except for waste generated as a result of certain defense activities of the federal government or federal research and develop-ment activities. The party states also recognize that the manage-ment of low-level radioactive waste is handled most efficiently on a regional basis; and, that the safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to manage such waste be properly provided.

"a. It is the policy of the party states to enter into a regional low-level radioactive waste management compact for the purpose of:

"1. Providing the instrument and framework for a coopera-tive effort:

"2. Providing sufficient facilities for the proper management of low-level radioactive waste generated in the region;

A.31.52 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1893 "3. Protecting the health and safety of the citizens of the flealth.

region; Safety.

"4. Limiting the number of facilities required to effectively and efficiently manage low-level radioactive waste generated in the region; "5. Encouraging the reduction of the amounts of low-level radioactive waste generated in the region; "6. Distributing the costs, benefits and obligations of success-ful low-level radioactive waste management equitably among the party states, and among generators and other persons who use regional facilities to manage their waste; and "7. Ensuring the ecological and economical management of low-level radioactive wastes.

"b. Implicit in the Congressional consent to this compact is the Regulations.

cxpectation by the Congress and the party states that the appro-priate federal agencies will actively assist the Compact Commission cnd the individual party states to this compact by:

"1. Expeditious enforcement of federal rules, regulations and laws; "2. Imposition of sanctions against those found to be in viola-tion of federal rules, regulations and laws; and "3. Timely inspection of their licensees to determine their compliance with these rules, regulations and laws.

" ARTICLE II. DEFINITIONS "As used in this compact, unless the context clearly requires a different construction:

"a. ' Care' means the continued observation of a facility after closure for the purposes of detecting a need for maintenance, ensur-ing environmental safety, and determining compliance with ap-plicable licensure and regulatory requirements and including the correction of problems which are detected as a result of that observation.

"b. ' Commission

• means the Midwest Interstate Low-level Radio-active Waste Commission.

"c. 'Decon2missioning' means the measures taken at the end of a facility's operating life to assure the continued prottetion of the public from any residual radioactivity or other potential hazards present at a facility.

"d. ' Disposal' means the isolation of waste from the biosphere in a permanent facility designed for that purpose.

"e. ' Eligible state' means a state qualified to be a party state to this compact as provided in Article Vlli.

"f. ' Facility' means a parcel of land or site, together with the structures, equipment and improvements on or appurtenant to the land or site, which is used or is being developed for the treatment, storage or disposal of low level radioactive waste.

"g. ' Generator' means any person who produces or possesses low-level radioactive waste in the course of or incident to manufactur-ing, power generation, processing, medical diagnosis and treatment, research, or other industrial or commercial activity and who, to the extent required by law, is licensed by the U.S. Nuclear Regulatory Commission or a party state, to produce or possess such waste.

Generator does not include a person who provides a service by arranging for the collection, transportation, treatment, storage or disposal of wastes generated outside the region.

. - . . . . - - .. - . .- .=- - -- -

f

, .~A.31.53

! 99 STAT.1894 PUBLIC LAW 99-240-JAN.15,1986 I "h. ' Host ' state' means any state which is ' designated by the '

-( Commission to host a regional facility.

"i. ' Low-level radioactive waste' or ' waste' means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or by-product material as defined in Section 11(eX2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014).

"j. ' Management plan' means the plan adopted by the Commission

. for the storage, transportation, treatment and disposal of waste within the region.

if "k. ' Party state' means any eligible state which enacts the com-

• pact into law.

4 "1. ' Person' means any individual, corporation, business enterprise or other legal entity either public or private and any legal successor, -

2 representative, agent or agency of that individual, corporation, busi-

{ ness enterprise, or legal entity.

1 ." m. ' Region' means the area of the party states. ' .

! - "n. ' Regional facility' means a facility which is located within the l

region and which is established by a party state pursuant to designa-tion of that state as a host state by the Commission.

"o. ' Site' means the geographic location of a facility"he District of "p. ' State' means a state of the United States, t 4

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or i any other territorial possession of the United States.

"q. ' Storage' means the temporary homing of waste for treatment or dir = al.

"r. '(reatment' means any method, technique or process, includ-

) ing storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in -

/

I v order to render the ute safer for transport or management,

!- amenable to recovery, wnvertible to another usable material, or

]

reduced in volume.

' "s. ' Waste management' means the storage, transportation, treat-

• ment, or disposal of waste.

i " ARTICLE III. THE COMMISSION s -

Midwat "a. There is hereby created the Midwest Interstate IAw-level i Intustate tow- Radioactive Waste Commission. The Commission consists of one voting member from each party state. The Governor of each party

$dbve wat, state shall notify the Commission in writing of its member and any j

commission. alternates. An alternate may act on behalf of the member only in' establishment. that member's absence. The method for selection and the expenses of each Commission member shall be the responsibility of the f member's respective state.

Prohibition. "b. Each Commission member is entitled to one vote. No action of the Commission is binding unleeg a mWority of the total membar-j ship cast their vote in the affirmative.

i ' c. The Commission shall elect annually from among its members

! a chairperson. The Commission shall adopt and publish, in conven-l ient form, bylaws, and policies which are not inconsistent with this i compact, including procedures which substantially conform with the provisions of federal law on administrative procedure compiled at 5 U.S.C. 500 to 559 in regard to notice, conduct and recording of meetings; access by the public to records; provision ofinformation to the, public; conduct of adjudicatory hearings; and issuance of decisions.

j.

• ~-.-.-,_.._....._-.-..-..-,-----.-.m._ _

_- . - ~ - - . . - - _ . . _ _ _ . - _

A.31.54 PUBLIC LAW 99-240--JAN.15,1986 99 STAT.1895 "d. The Commission shall meet at least once annually and shall also meet upon the call of ti.: chairperson or a Commission member.

"@. All meetings of the Commission shall be open to the public with reasonable advance notice. The Commission may by majority vote, close a meeting to the public for the purpose of considering sensitive personnel or legal strategy matters. However, all Commis-sion actions and decisions shall be made in open meetings and cppropriately recorded.

"f. The Commission may estr.blish advisory committees for the purpose of advising the Commission on any matters pertaining to waste management.

"g. The office of the Commission shall be in a party state. The contracts.

Commission may appoint or contract for and compensate such limited staff necessary to carry out its duties and functions. The I staff shall serve at the Commission's pleasure with the exception  !

that staff hired as the result of securing federal funds shall be hired '

and governed under applicable federal statutes end regulations. In selecting any staff, the Commission shall assure that the staff has adequate experience and formal training to carry out the functions assigned to it by the Commission.

"h. The Commission may:

"1. Enter into an agreement with any person, state, or group contr a of states for the right to use regional facilities for waste gen-Crated outside of the region and for the right to use facilities outside the region for waste generated within the region. The right of any person to use a regional facility for waste generated outside of the region requires an affirmative vote of a majority of the Commission, including the aflirmative vote of the member of the host state in which any affected regional facility is located.

"2. Approve the disposal of waste generated within the region ct a facihty other than a regional facility.

"3. Appear as an intervenor or party in interest before any Reports.

court of law or any federal, state or local agency, board or commission in any matter related to waste management. In (rder to represent its views, the Commission may arrange for cny expert testimony, reports, evidence or other participation.

"4. Review the emergency closure of a regional facility, deter-mine the appropriateness of that closure, and take whatever actions are necessary to ensure that the interests of the region cre protected.

"5. Take any action which is appropriate and neceseary to perform its duties and functions as provided in this compact.

"6. Suspend the privileges or revoke the membership of a party state by a two-thirds vote of the membership in accord-cnce with Article VIII.

"i.The Commission shall:

"1. Receive and act on the petition of a nonparty state to become an eligible state.

"2. Submit an annual report to, and otherwise communicate Report.

with, the governors and the appropriate officers of the legisla-tive bodies of the party states regarding the activities of the Commission.

, "3. IIear, negotiate, and, as necessary, resolve by final deci-I sion disputes which may arise between the party states regard-l ing this compact.

l l

l t

. , . . . ~ . - ~ -~ -- - - - - - - .- . - -.

l A.31.55 99 STAT.1896 PUBLIC LAW 99-240-JAN.15,1986

' "4. Adopt and amend, by a two. thirds vote of the membership,  !

\ -

in accordance with the procedures and criteria dev ' purse-ant to Article IV, a regional management plan which  !

- host states for the establishment of needed regional l "5. Adopt an annualbudget.

"J. Funding of the budget of the Commission shall be provided as follows: 'i "1. Each state, upon becoming a party state, shall pay $50,000 er $1,000 per cubic meter of waste shipped from that state in - I 1980, whichever is lower, to the Commission which shall be used i for the administrative costs of the Commission; i "2. Each state hosting a regional facility shall levy sure  !

on all users of the regional facility based upon its portion of l total volume and characteristics of wastes at that facility. The surcharges collected at all regional f ities shath

"(a) Be sufficient to cover the annual budget of the Commission; and

"(b) Represent the Anancial commitments of all party '

states to the Commission; and .

"(c) Be paid to the Commission, provided, however, that each host state collecting surcharges may retain a portion ,

of the collection sufficient to cover its administrative costs -

of collection, and that the remainder be sufficieht only to ec,ver the approved annual budget of the Commission.

"k. The Commission shall keep accurate a: counts of all receipts contracta. and disbursements. The Commission shall contract with an Mit- independent certified public accountant to annually audit all i neport. receipts and disbursementa of Commission funds, and to submit an audit report to the Commission. The audit,re, port shall be mada a part of the annual report of the Commission required by this Article.

crants. "1. The Commission may accept for any of its purposes and' functions and may utilize and dispose of any donations, grants of .

money, equipment, supplies, materials and services from any state I or the United States (or any subdivision or agency thereoO, or l interstate agency, or from any institution, person, firm or corpora-Report. tion. The nature, amount and condition, if any, attendant upon any donation or grant accepted or received by the Commission together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Commission.

"m. The Commission is not liable for any costs associated with any of the following:

"1. The licenaing and construction of any facility, "2.The operation and "3.The stabilization of any closure facility, o f any facility, "4. The care of any facility, "5. The extended institutional control, after care of any facil-ity, or Transportation. "6. The transportation of waste to any facility.

"n.1. The Commission is a legal entity separate and distinct from the party states and is liable for its actions as a separate and distinct legal entity. Liabilities of the Commission are not liabilities of the -

party states. Members of the Commission are not personally liable for actions taken by them in their official capacity.

Prohibition. "2. Except as provided under sections m. and n.1. of this article,-

nothing in this compact alters liability for any act, omission,

A.31.56 PUBLIC LAW 99-240--JAN.15,1986 99 STAT.1897 course of conduct or liability resulting from any causal or other relationships, "a Any person aggrieved by a final decision of the Commission may obtain judicial review of such decision in any court of com-petent jurisdiction by filing in such court a petition for review within 60 days after the Commission's final decision.

" ARTICLE IV. REGIONAL MAN AGEMENT PIAN l l

"The Commission shall adopt a regional management plan designed to ensure the safe and eflicient management of waste generated within the region. In adopting a regional waste manage- I ment plan the Commission shall:

"c. Adopt procedures for determining, consistent with consider- Ilealth.

Etions for public health and saf-ty, the type and number of regional Safety.

facilities which are presently necessary and which are projected to be necessary to manage waste generated within the region.

"b. Develop and consider policies promoting source reduction of waste generated within the region.

"c. Develop and adopt procedures and criteria for identifying a party state as a host state for a regional facility. In developing these criteria, the Commission shall consider all the following-

"1. The health, safety, and welfare of the citizens of the party llealth.

states. Safety.

"2. The existence of regional facilities within each party state.

"3. The minimization of waste transportation. Transportation.

"4. The volumes and types of wastes generated within each party state.

"5. The environmental, economic, and ecological impacts on the air, land and water resources of the party states.

"d. Conduct such hearings, and obtain such reports, studies, evi. Report..

dence and testimony required by its approved procedures prior to Studies-identifying a party state as a host state for a needed regional facility.

"a. Prepare a draft management plan, including procedures, cri-terin and host atates, including alternatives, which shall be made tv:iltble in a convenient form to the public for comment. Upon the request of a party state, the Commission shall conduct a public he: ring in that state prior to the adoption of the management plan.

The management plan shall include the Commission's response to public and party state commat.

" ARTICLE V. RIGIITS AND OBLIGATIONS OF PARTY STATES "s. Each party state shall act in good faith in the performance of ccta cnd courses of conduct which are intended to ensure the provision of facilities for regional availability and usage in a manner consistent with this compact.

"b. Each party state has the right to have all wastes generated within its borders managed at regional facilities subject to the provisions contained in Article IX.c. All party states have an equal right of access to any facility made available to the region by any agreement entered into by the Commission pursuant to Article Ill.

"c. Party states or generators may negotiate for the rig!" of access Exporta to c facility outside the region and may export waste ootside the region subject to Commission approval under Article Ill.

i-A,31.57

, 99 STAT.1898 - PUBLIC LAW 99-240-JAN.15,1986 boulations. '"d. To the extent permitted by federal law, each rty state may k[i

! N Transportation.

. Prohibition.

enforce any applicable federal and state laws, regula7 ions and rules pertaining to the packaging and transportation of waste generated within or passing through its borders. Nothing in this section shall i

'- be construed to require a party state to enter into any agreement -

!- with the U.S. Nuclear Regulatory Commission.

"e. Each party state shall pt avide to the Commission any data and information the Commission requires to implement its responsibil- ,

. ities. Each party state shall establish the capability to obtain any l data and information required by the Commission.

" ARTICLE VI. DEVEIDPMENT AND OPERATION AND FACILITIES -

) "a. Any party state may volunteer to become a host state, and the

! Commission may designate that state as a host state upon a two-4 thirds vote ofits members. -

"b. If all re6 ional facilities required by the regional management plan are not developed pursuant to section a., or upon notincation ~ >

1 that an existing regional facility will be closed, the (;ommission may designate a host state.

"c. Each party state designated as a host state is responsible for I Prohibition. determining possible facility locations within its borders. The selec-tion of a facility site shall not conflict with applicable federal and '

host state laws, regulations and rules not inconsistent with this l compact and shall be based on factors including, but not limited to, geological, environmental and economic viability of possible facility locations.

"d. Any party state designated as a host state may request the g

Commission to relieve that state of the responsibility to serve as a host J

sibih,tystate. The Commission only upon a showing b ma the relieve a party requesting partystatestateof that this no respon-4 feasible potential regional facil y site of the type it is designated to r

host exists within its borders.

"e. After a state is designated a host state by the Commission, it is

! responsible for the timely development and operation of a regional i '

facility. '

"f. To the extent permitted by federal and state law, a host state shall regulate and hcenae any facility within its borders and ensure

the extended care of that facility,.

< "g. The Commission may designate a party state as a host state J while a regional facility is in operation if the Commission deter- -

, mines that an ad 19ional regional facility is or may be required to meet the needs of the region. The Commission shall make this i

designation following the procedures established under Article IV, "h. Designation of a host state is for a period of 20 years or the life i of the regional facility which is established under that designation,

, whichever is longer. Upon request of a host state, the Commission-may modify the period of its designation.

, ' i. A host state may establish a fee system for any regional facility within its borders. The fee system shall be reasonable and equitable.

This fee system shall provide the host state with sufficient revenue i to cover any cost, including but not limited to the planning, siting, 1 licensure, operation, decommissioning, extended care and long-term j liability, associated with such facilities. This fee system may also include reasonable revenue beyond costs incurred for the host state,

(

i Audit. subject to approval by the Commission. A host state shall submit an I

f

,___---n.--m--v,.-.nwor a- w--a,-,--v,-,, 44 -~ +r- ---~~---r- ~ - . -~ r-.w,- w--- - -- -- . . ,

A.31.58 PUBLIC LAW 99-240--JAN.15,1986 99 STAT.1899 r nnual financial audit of the operation of the regional facility to the C:mmission. The fee system may include incentives for source reduction and may be based on the hazard of the waste as well as the volume.

"j. A host state shall ensure that a regional facility located within Health.

its borders which is permanently closed is properly decommissioned. sarety.

A host state shall also provide for the care of a closed or decommis-si:ned regional facility within its borders so that the public health cnd safety of the state and region are ensured.

"k. A host state intending to close a regional facility located within its borders shall notify the Commission in writing of its intention and the reasons. Notification shall be given to the Commission at least five years prior to the intended date of closure.

This section shall not prevent an emergency closing of a regional Prohibition.

facility by a host state to protect its air, land and water resources rnd the health and safety ofits citizens. However, a host state which has an emergency closing of a regional facility shall notify the Commission in writing within three working days of its action and shall, within 30 working days of its action, demonstrate justification

f. r the closing.

"1. If a regional facility closes before an additional or new facility becomes operational, waste generated within the region may be rhipped temporarily to any location agreed on by the Commission until a regional facility is operational.

"m. A party state which is designated as a host state by the Commission and fails to fulfill its obligations as a host state may hivs its privileges under the compact suspended or membership in the compact revoked by the Commission.

" ARTICLE VII. OTHER LAWS AND REGULATIONS "c. Nothing in this compact: Prohibitions.

"1. Abrogates or limits the applicability of any act of Congress or diminishes or otherwise impairs the jurisdiction of aay fed-c ral agency expressly conferred thereon by the Congress; "2. Prevents the enforcement of any other law of a party state which is not inconsistent with this compact; "3. Prohibits any storage or treatment of waste by the genera-tor on its own premises; "4. Affects any administrative or judicial proceeding pending en the effective date of this compact; "5. Alters the relations between and the respective internal responsibility of the government of a party state and its subdivisions; "6. Affects the generation, treatment, storage or disposal of Research and waste generated by the atomic energy defense activities of the development.

Secretary of the U.S. Department of Energy or successor agen-cies or federal research and development activities as described in section 31 of the Atomic Energy Act of 1954 (42 U.S.C. 2051);

or "7. Affects the rights and powers of any party state or its Transportation.

political subdivisions to the extent not inconsistent with this Taus.

compact, to regulate and license any facility or the transpor-tation of waste within its borders or affects the rights and powers of any party state and its political subdivisions to tax or impose fees on the waste managed at any facility within its borders.

A.31.59 99 STAT.1900 PUBLIC LAW 99-240--JAN.15,1986 4

contracta. "8. Requires a party state to enter into any agreement with the U.S. Nuclear Regulatory Commission.

3 "9. Alters or limita liability of transporters of waste, owners s and operators of sites for their acts, omissions, conduct or relationships in accordance with applicable laws. -

i "b. For purposes of this com all state laws or parts oflaws in

conflict with this compact are e y superseded to tne extent of the conflict.

l Prohibition. "c. No law, rule or regulation of a party state or of any of its

Regulations. subdivisions or instrumentalities may be applied in a manner which i discriminates against the generators of another party state.

1 4 " ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, j REVOCATION, ENTRY INTO FORCE, TERMINATION j _ Delaware. "a. Eligible parties to this compact are the states of Delaware,

Illinois. Illinois, Iidiana, Iowa, Kansas, Kentucky, Maryland, Michigan, i

j adi*"*- Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, I

d"*;,,. Virginia and Wisconsin. Eligibility terminates on July 1,1984.

i Kentucky. "b Any state not eligible for membership in the compact may Maryland. petition the Commission for eligibility. The Commission may estab-Michigan. propriate el bility requirements. These requirements may i

' UD*'

Nebraska.

lish inclua[e but are not imited to, an eligibility fee or designation as a host state. A petitioning state becomes eligible for membership in North Dakota- the compact upon the approval of the Commission, including the

[h Da ota' affirmative Vote of all host states. Any state becoming eligible upon virginia. the approval of the Commission becomes a member of the compact wisconsin. in the same manner as any state eligible for membership at the time

! this compact enters into force.

+

"c. An eligible state becomes a party state when the state enacts y the compact into law and pays the membership fee required in

. Article IIIj.l.

! "d. The Commission is formed upon the appointment of Commis-sion members and the tender of the membership fee payable to the j Commission by three party states. The Governor of the first state to a enact this compact shall convene the initial meeting of the Commis-sion. The Commission shall cause legislation to be miroduced in the 1 Congress which grants the consent of the Congress to this compact r and shall take action necessary to organize the Commission and implement the provision of this compact.

, Prohibition.

• e. Any party state may withdraw from this compact by repealing t f the authorizing legislation but no withdrawal may take effect unut j five years after the governor of the withdrawing state gives notice in writing of the withdrawal to the Commission and to tfie governor of l each party state. Withdrawal does not affect any liabihty al endy 4

incurred by or chargeable to a party state prior to the tin. . such

withdrawal. Any host state which grants a disposal permit for waste '

generated in a withdrawing state shall void the permit when the withdrawal of that state is efTective.

, "f. Any party state which fails to comply with the terms of this 1 compact or fails to fulfill its obligations may have its privileges ,

1 suspended or its membership in the com revoked by the j Commission in accordance with Article III. 6. Revocation takes ,

a effect one year from the date the affected party state receives '

j written notice from the Commission of its action. All legal rights of a

the affected party state established under this compact cease upon j the effective date of revocation but any legal obhgations of that y - - - -yw-- erv=-o-W.y --e we-e--ym ,,

A.31.60 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1901 party state arising prior to revocation continue until they are l fulfilled. The chairperson of the Commission shall transmit written notice of a revocation of a party state's membership in the compact immediately following the vote of the Commission to the governor of ths affected party state, all other governors of the party states and the Congress of the United States.

"g. This compact becomes effective upon enactment by at least Effective date.

three eligible states and consent to this compact by Congress. The Congress shall have an opportunity to withdraw such consent every five years. Failure of the Congress to affirmatively withdraw its consent has the effect of renewing consent for an additional five y:ar period. The consent given to this compact by the Congress shall extend to any future admittance of new party states under sections

b. and c. of this article and to the power of the Commicion to ban the shipment of waste from the region pursuant to Article III.

"h. The withdrawal of a party state from this compact under section e. of this article or the suspension or revocation of a state's m:mbership in this compact under section f. of this article does not effect the applicability of this compact to the remaining party states.

"i. A state which has been designated by the Commission to be a host state has 90 days from receipt by the Governor of written notice of designation to withdraw from the compact without any right to receive refund of any funds already paid pursuant to this compact, end with fut any further payment. Withdrawal becomes effective immediately upon notice as provided in section e. of this article. A designated host state which withdraws from the compact after 90 days and prior to fulfilling its obligations shall be assessed a sum the Commission determines to be necessary to cover the costs borne by the Commission and remaining party states as a result of that withdrewal.

" ARTICLE IX. PENALTIES "a. Each party state shall prescribe and enforce penalties against any person who is not an official of another state for violation of any provision of this compact.

"b. Unless otherwise authorized by the Commission pursuant to Article III.h. after January 1,1986, it is a violation of this compact:

"1. For any person to deposit at a regional facility waste not generated within the region; "2. For any regional facility to accept waste not generated within the region; "3. For any person to e:uort from the region waste which is Enuta.

generated within the regior.; or "4. For any person to dispose of waste at a facility other than a regional facility.

"c. Each party state acknowledges that the receipt by a host state negulations of waste packaged or transported in violation of applicable laws, rules and regulations may result in the imposition of sanctions by the host state which may include suspersion or revocation of the violitor's right of access to the facility in the host state.

"d. Each party state has the right to seek legal recourse against any party state which acts in violation of this compact.

l

A.31.61 99 STAT.1902 PUBLIC LAW 99-240-JAN.15,1986

" ARTICLE X. SEVERABILITY AND CONSTRUCTION s'

rovisions held "The provisions of this compact shall be severable and if any inv". lid. phrase, clause, sentence or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States or the applicability thereof to any government, ag9ncy, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or cir-cumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating thenein, the compact shall remain in full force and effect as to the state affected as to all severable matters.".

42 USC 2021d SEC. 226. ROCKY mot *NTAIN LOW. LEVEL RADIOACTIVE WASTE COMPAcr.

"(d*;,o.. In accordance with section 4(a)(2) of the Low-Level Radioactive Colorado. Waste Policy Act (42 U.S.C. 2021d(aX2)), the consent of the Congress Nevada- hereby is given to the States of Arizona, Colorado, Nevada, New M'*ic - Mexico, Utah, and Wyoming to enter into the Rocky Mountain

$*h Interstate I4w-Level Radioactive Waste Compact. Such compact is Wyoming.

substantially as follows:

" ROCKY MOUNTAIN LOV/-LEVEL RADIOACTIVE WASTE CUMPACr "Antict.z I. FINDINGS AND Punross

"(a) The party states agree that each state is responsible for Olesearch and evnopment. providing for the managernent of low-level radioactive waste gen-erated within its borders, except for waste generated as a result of defease actidties of the federal government or federal research and d.:velopment activities. Moreover, the party states find that the United States Congress, by enacting the ' Low-Lcvel Radioactive 42 USC 2021b Waste Policy Act' (P. L.96-573), has encouraged +he use of inter-note, state compacts to provide for the establishment and operation of facilities for regional management of low-level radioactive waste.

liedth. "(b) It is the purpose of the party states, by entering into an safety. interstate compact, to establish the means for cooperative effort la managing low-level radioactive waste; to ensure the availability and economic viability of sufficient facilities for the proper and efficient management of low-level radioactive waste generated within the region while preventing unnecessary and uneconomic proliferation of such facilities; to encourage reduction of the volume of low level radioactive waste requiring disposal within the region; to restrict management within the region of low-level radioactive waste gen-erated outside the region; to distribute the costs, benefits and obliga-tions of low-level radioactive waste management equitably among the party states; and by these means to promote the health, safety and welfare of the residents within the region.

"Antict.s II. DEFINITtoNs "As used in this compact, unless the context clearly indicates otherwise:

(S "(a)

• Board

• means the Rocky Mountain low-level radioactive i

i waste board;

/ "(b) ' Carrier' meens a person who transports low level waste;

A.31.62 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1903

"(c) 'Diaposal' means the isolation of waste from the bio-sphere, with no intention of retrieval, such as by land burial;

"(d) ' Facility' means any property, equipment or structure used or to be used for the management of low-level waste;

"(e) ' Generate

• means to produce low-level waste;

"(f) ' Host state' means a party state in which a regional facility is located or being developedj

"(g) ' Low-level waste or ' waste means radioactive waste other than:

"(i) Waste generated as a result of defense activities of the federal government or federal research and develop-ment activitic3;

"(ii) High-level waste such as irradiated reactor fuel, liquid waste from reprocessing irradiated reactor fuel, or solids into which any such liquid waste has been converted;

"(iii) Waste material containing transuranic elements with contamination levels greater than ten (10) nanocuries pe,r gram of waste material; (iv) By, product material as defined in Section lle.(2) of the ' Atomic Energy Act of 1954,' as amended November 8, 1978; or

"(v) Wastes from mining, milling, smelting or similar processing of ores and mineral-bearmg material primarily for minerals other than radium.

"(h) ' Management' means collection, consolidation, storage, treatment, incineration or disposal;

"(i) ' Operator' means a person who operates a regional facilit oth(j)y; Person' means an individual, corporation, partnership or er legal entity, whether public or private;

"(k) ' Region' means the combined geographic area within the boundaries of the party' states; and

"(1)' Regional facility means a facility within any party state which either:

"(i) has been approved as a regional facility by the board; or

"(ii) is the low-level waste facility in existence on Nevada.

January 1,1982, at Beatty, Nevada.

"Annet.s III. Rionis, RESPONSIBIUDES, AND OBUGATIONs

"(a) There shall be regional facilities sufficient to manage the low- Nevada.

1;v:1 waste generated within the region. At least one (1) regional facility shall be open and operating in a party state other than Nevada within six (6) years after this compact becomes law in Nevada and in one (1) other state.

"(b) I4w level waste generated within the region shall be man- Itealth aged at regional facilities without discrimination among the party Safety-states; provided, however, t!'at a host state may close a regional facility when necessary for public health or safety.

"(c) Each party state which, according to reasonable projections made by the board, is expected to generate twenty percent (20%) or more in cubic feet except as otherwise determined by the board of the low-level waste generated within the region has an obligation to become a host state in compliance with subsection (d) of this article.

"(d) A host state, or a party state seeking to fulfill its obligation to become a host state, shall:

J.

h b A.31.63 O STAT.1904 PUBLIC LAW 99-240-JAN.15,1986

"(i) Cause a regional facility to be developed on a timely basis as determined by the board, and secure the approval of such  :

! regional facility by the board as provided in Article IV before i allowing site preparation or physical construction to begin; Health. "(ii) Ensure by its own law, consistent with any applicable - l

' safety. federal law, the protection and preservation of public health 1 and safety in the siting, design, deve;opment, licensure or other ,

1 regulation, operation, closure, decommissioning and long-term care of the regional facilities within the state; i "(iii) Subject to the approval of the board, ensure that charges .

i for management of low. level waste at the regional facilities t within the state are reasonable; j ."(iv) Solicit comments from each other party state and the

board regarding siting, design, development, licensure or other regulation, operation, closure, decommissioning and long-term

> care of the regional facilities within the state and respond in i writing to such comments; Report. "(v) Submit an annual report to the board which contains projections of the anticipated future capacity and avnilability of y

the regional facilities within the state, together with other ,

information required by the board; and i Report. "(vi) Notify the board immediately if any exigency arises t

requiring the possible temporary or permanent closure of a regional facility within the state at a time earlier than was

• projected in the state's most recent annual report to the board.

Nevada. "(e) Once a party state has served as a host state, it shall not be

obligated to serve again until each other party state having an obligation under subsection (c) of this article has fulfilled that obligation. Nevada, already being a host state, shall not be obligated ,

to serve again as a host state until every other party state has so

served.

) "(f) Each party state:

Transportation. "(i) Agrees to adopt and enforce procedures requiring low. .

Regulations. level waste shipments originating within its borders and des-tined for a regional facility to conform to packaging and {

1 transportation requirements and regulations. Such procedures

shall melude but are not limited to

i "(A) Periodic inspection of packaging and shipping i practices; _

! "(B) Periodic inspections of waste containers while in the i i'

custody of carriers; and

"(C) Appropriate enforcement actions with respect to -

violations, j Transportation. "(li) Agrees that after receiving notification from a host state i Regulations- that a person in the party state has violated packaging, ship- ,

i ping or transportation requirements or regulations, it shall take

, appropriate action to ensure that violations do not recur. Appro-a priate action may include but is not limited to the requirement ,

j that a bond be posted by the violator to pay the cost of repackag- l ing at the regional facility and the requirement that future

! ments be inspected; 5 ship (lit) May impose fees to recover the cost of the practices provided for in paragraph (i) and (ii) of this subsection;

j. "(iv) Shall maintain an inventory of all generators within the 3

state that may have low-level waste to be managed at a regional facility;and i

t

A.31.64 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1905

"(v) May impose requirements or regulations more stringent Regulations.

than those required by this subsection.

"ARTict IV. BOARD APPROVAL OF REGIONAL FACILrrtES

"(a) Within ninety (90) days after being requested to do so by a party state, the board shall approve or disapprove a regional facility to be located within that state.

"(b) A regional facility shall be approved by the board if and only if the board determines that:

"(i) There will be, for the foreseeable future, sufficient demand to render operation of the proposed facility economi-cally feasible without endangering the economic feasibility of operation of any other regional facility; and

"(ii) The facility will have sufficient capacity to serve the needs of the region for a reasonable period of years.

"ARricLz V. SURCHARGES

"(a) The board shall impose a ' compact surcharge' per unit of waste received at any regional facility The surcharge shall be cdequate to pay the costs and expenses of the board in the conduct of its authorized activities and may be increased or decreased as the board deems necessary.

"(b) A host state may impose a ' state surcharge' per unit of waste rec;ived at any regional facility within the state. The host state may fix cnd change the amount of the state surcharge subject to ap-proval by the board. Money received from the state surcharge may be used by the host state for any purpose authorized by its own law, including but not limited to costs of licensure and regulatory activi-ties related to the regional facility, reserves for decommissioning cnd long. term care of the regional facility and local impact assistance.

"ARTicts VI. Tur BOARD

"(:) The ' Rocky Mountain low-level radioactive waste board', k Mountain which shall not be an agency or instrumentality of any party state, Rocdevel le is created. R8dioact v'

"(b) The board shall consist of one (1) member from each party st* TiInfn't.

state. The governor shall determine how and for what term its Prohibition.

m:mber shall be appointed, and how and for what term any alter-n:te may be appomted to perform that member's duties on the board in the member's absence.

"(c) Each party state is entitled to one (1) vote. A majority of the bo:rd constitutes a quorum. Unless otherwise provided in this com-pact, a majority of the total number of votes on the board is necessary for the board to take any action.

"(d) The board shall meet at least once a year and otherwise as its business requires. Meetings of the board may be held in any place within the region deemed by the board to be reasonably convenient for the attendance of persons required or entitled to attend and wh:re adequate accommodations rr.ay be found. Reasonable public notice and opportunity for comment shall be given with respect to cny meeting; provided, however, that nothing in this subsection shall preclude the board from meeting in executive session when seeking legal advice from its attorneys or when discussing the cmployment, discipline or termination of any of its employees.

A,31.65 99 STAT.1906 PUBLIC LAW 99-240-JAN.15,1986

-/ % "(e) The board shall pay necessary travel and reasonable per diem (V )

expenses of its mer.ibers, alternates, and advisory committee members.

"(f) The board shall o ganize itself for the efficient conduct of its businets. It shall adopt and publish rules consistent with this com-pact regarding its organization and procedures. In special cir-cumstances the board, with unanimous consent of its members, may take actions by telephone; provided, however, that any action taken by telephone shall be confirmed in writing by each member within thirty (30) days. Any action taken by telephone shall be noted in the minutes of the board.

"(g) The board may use for its purposes the services of any personnel or other resou ces which may be offered by any party state.

"(h) The board may establish its offices in space provided for that purpose by any of the party states, or, if space is not provided or is deemed inadequate, in any space within the region selected by the J ' board.

contracts. "(i) Consistent with available funds, the board may contract for necessary personnel services to carry out its duties. Staff shall be employed without regard for the personnel, civil service, or merit a tem laws of any of the party states and shall serve at the i

easure of the board. The board may provide appropriate employee nefit programs for its staff.

"(j) The board shall establish a fiscal year which conforms to the extent practicable to the fiscal years of the party states.

"(k) The board shall keep an accurate account of all receipts and O Audit. disbursements. An annual audit of the books of the board shall be

. (/ Report. conducted by an independent certified public accountant, and the

' audit report shall be made a part of the annual report of the board.

l Report. "(1) The board shall prepare and include in the annual report a budget showing anticipated receipts and disbursements for the ensu-ing year.

j

"(m) Upon legislative enactment of this compact, each party state shall consider the need to appropriate seventy thousand dollars t ($70,000.00) to the board to support its activities prior to the collec-

! tion of sufficient funds through the compact surcharge imposed t pursuant to subsection (a) of article V of this compact.

G rants. "(n) The board may accept any donations, grants, equipment, l

supplies, materials or services, conditional or otherwise, from any R2 port. source. The nature, amount and condition, if any, attendant upon any donation, grant or other resources accepted pursuant to this a subsection, together with the identity of the donor or grantor, shall

' be detailed in the annual report of the board. '

"(o) In addition to the powers and duties conferred upon the board pursuant to other provisions of this compact, the board:

Report. "(i) Shall submit communications to the governors and to tha presiding officers of the legislatures of the party states regaro-i ing the activities of the board, including an annual report to be submitted by December 15;

"(ii) May assemble and make availru to the governments of the party states and to the public through its members informa-tion concerning lowlevel waste management needs, tech-nologic and problems;

' QO) 5

"(iii : hall keep a current inventary of all generators within the re: . a, based upon information providM by the party states; i

4 T

1

,. , . -. . . . - , . . . , , - . _ _ . , . . - _ _ , , . _ . - . . , , , . , , c . . , , . . ._ . _ _

A.31.66 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1907

"(iv) Shall keep a current inventory of all regional facilities, including information on the size, capacity, location, specific wastes capable of being managed and the projected useful life of each regional facility;

"(v) May keep a current inventory of all low-level waste facilities in the region, based upon information provided by the party states;

"(vi) Shall ascertain on a continuing basis the needs for regional facilities and capacity to manage each of the various classes oflow-level waste;

"(vii) May develop a regional low-level waste management plan;

"(viii) May establish such advisory committees as it deems necessary for the purpose of advising the board on matters pertaining to the management of low-level waste;

"(ix) May contract as it deems ap contracts.

duties and efTectuate its powers, suect ,ropriate to accomplish to its projected its avail. Prohibition.

able resources; but no contract mad by the board shall bind any party state;

"(x) Shall make suggestions to appropriate officials of the party states to ensure that adequate emergency response pro-grams are available for dealing with any exigency that might arise with respect to low-level waste transportation or manage-ment;

"(xi) Shall prepare contingency plans, with the cooperation and approval of the host state, for management of low-level waste in the event any regional facility should be closed;

"(xii) May examine all records of operators of regional facili. Records.

ties pertaining to operating costs, profits or the assessment or collection of any charge, fee or surcharge;

"(xiii) Shall have the power to sue; and

"(xiv) When authorized by unanimous vote of its members, may intervene as of right in any administrative or judicial proceeding invalving low-level waste.

"Aaract.m VII. Paomarrro ACTS AND PF.NA1. TIES

"(;) It shall be unlawful for any person to dispose of low-level waste within the region, exce however, that a generator who,pt at to prior a regional facility; provided, January 1,1982, had been disposing of only his own waste on his own propert cpgb) (licable federal and state law, continue to do so. y may, subje After January 1,1986, it shall be unlawful for any person to Exports.

czport low-level waste which was generated within the region out-cide the region unless authorized to do so by the board. In determin-ing whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following:

"(i) The economic impact of the export of the waste on the reg'ional facilities; (ii) The economic impact on the generator of refusing to  !

permit the export of the waste; and  !

"(iii) The availability of a regional facility appropriate for the disposal of the waste involved.

"(c) After January 1,1986, it shall be unlawful for any person to mamtge any low level waste within the region unless the waste was generated within the region or undss authorized to do so both by the board and by the state in which said management takes place.

A.31.67 l 99 STAT.1908 PUBLIC LAW 99-240--JAN.15,1986 (O

(,-) In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following:

Importa "(i) the impact of importing waste on the available capacity and projected life of the regional facilities;

"(ii) the economic impact on the regional facilities; and

"(iii) the availability of a regional facility appropriate for the disposal of the type of waste involved.

"(d) It shall be unlawful for any person to manage at a regional facility any radioactive waste other than low. level waste as defined in this compact, unless authorized to do so both by the board and the host state. In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following-

"(i) the impact of allowing such management on the available cap'(acity and projected life of the regional facilities;ii) the availabili of the type of waste involved;

"(iii) the existence of transuranic elements in the waste; and

"(iv) the economic impact on the regional facilities.

"(e) Any person who violates subsection (a) or (b) of this article shall be liable to the board for a civil penalty not to exceed ten (10) times the charges which would have been charged for disposal of the waste at a regional facility.

"(f) Any pemon who violates subsection (c) or (d) of this article shall be liable to the board for a civil penalty not to exceed ten (10)

[m}

( j times the charges which were charged for management of the waste at a regional facility.

V "(g)The civil penalties provided for in subsections (e) and (f) of this article may be enforced and collected in any court of general j'irisdiction within the region where necessary jurisdiction is ob-tained by an appropriate proceeding commenced on behalf of the board by the attomey general of the party state wherein the proceeding is brought or by other counsel authorized by the board.

In any such proceeding, the board, if it prevails, is entitled to recover reasonable attorney's fees as part of its costs.

"(h) Out of any civil penalty collected for a violation of subsection (a) or (b) of this article, the board shall pay to the appropriate operator a sum sufficient in the judgment of the board to com-pensate the operator for any loss of revenue attributable to the violation. Such compensation may be subject to state and compact surcharges as if received in the normal course of the operator's business. The remainder of the civil penalty collected shall be allocated by the board. In making such allocation, the board shall give first priority to the needs of the long. term care funds in the region.

"(i) Any civil penalty collected for a violation of subsection (c) or (d) of this article shall be allocated by the board. In making such allocation, the board shall give first priority to the needs of the long-term care funds in the region.

"(j) Violations of subsection (a), (b),(c), or (d) of this article may be enjoined by any court of general jurisdiction within the region where necessary jurisdiction is obtained in any appropriate proceed-

/ \ ing commenced on behalf of the board by the attorney general of the

( ) party state wherein the proceeding is brought or by other counsel L/ authorized by the board. In any such proceeding, the board, if it L

A.31.68 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1909 prevails, is entitled to recover reasonable attorney's fees as part of its costs.

"(k) No state attorney general shall be required to bring any Prohibnion.

proceeding under any subsection of this article, except upon his consent.

" ARTICLE VIII. EucinIuTv, ENTRY INTo EFFECr, CONGRFSSloNAL CONSENT, WITHDRAWAL, EXCLUSION

"(a) Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming Arizona-are eligible to become parties to this compact. Any other state may colorado.

13 made eligible by unanimous consent of the board.

y','"$,,;co~

"(b) An eligible state may become a party state by legislative Utah.

enactment of this compact or b Wyoming.

adopting this compact; provided, y executive however, order a state of its governor becoming a party by executive order shall cease to be a party state upon a4journment of the first general session of its legislature convened thereafter, unless before such adjournment the legislature shall have enacted this compact.

"(c) This compact shall take effect when it has been enacted by the Effective date.

hgislatures of two (2) eligible states. Ilowever, subsections (b) and (c) of article VII shall not take effect until Congress has by law consented to this compact. Every five (5) years after such consent has been given, Congress may by law withdraw its consent.

"(d) A state which has become a party state by legislative enact- Nevada.

ment may withdraw by legislation repealing its enactment of this compact; but no such repeal shall take effect until two (2) years after enactment of the repealing legislation. If the withdrawing state is a host state, any regional facility in that state shall remain available to receive low. level waste generated within the region until five (5) years after the effective date of the withdrawal; provided, however, this provision shall not apply to the existing facility in Beatty, Nevada.

"(e) A party state may be excluded from this compact by a two-thirds (%) vote of the members representing the other party states, acting in a meeting, on the ground that the state to oe excluded has failed to carry out its obligation under this compact. Such an exclusion may be terminated upon a two-thirds (%) vote of the members acting in a meeting.

"ARTIctz IX. CoNSTRUcr!ON AND SEVERABILrrY

"(a) The provisions of this compact shall be broadly construed to carry out the purposes of the compact.

j "(b) Nothing in this compact shall be construed to affect any Prohibition.

t judicial proceeding pending on the effective date of this compact.

"(c)If any part or application of this compact is held invalid, the Provisions held remainder, or its application to other situations or persons, shall not invahd-be affected."

SEc. 237. NOftTiiEAST INTERSTATE LOW. LEVEL ItADIDALTIVE WASTE 42 USC 2021d M ANAG E3f ENT C031PMT. note.

In accordance with section 4(a)(2) of the Iow. Level Radioactive connecticut.

Waste Policy Act, the consent of the Congress is hereby given to the New Jersey.

States of Connecticut, New Jersey, Delaware, and Maryland to enter hareg into the Northeast Interstate Low. Level Radioactive Waste Manage 42 Use 2021d ment Compact. Such compact is substantially as follows:

1

A.31.69 99 STAT.1910 PUBLIC LAW 99-240-JAN.15,1986 (q

v

) "AaTict.s L PouCY AND Puaross "There is hereby created the Northeast Interstate low-level Research and Radioactive Waste Management Compact. The party states recog-development- nize that the Congress has declared that each state is responsible for either within or outside its providing borders, forfordisposal the availability of capacity,ive of low-level radioact waste generated within its borders, except for waste generated as a result of atomic energy defense activities of the federal government, as defined in the Low-42 Usc 2021b Level Radioactive Waste Policy Act (P.L.96-573, 'The Act'), or note. federal research and development activities. They also recognize that the management of low-level radioactive waste is handled most efficiently on a regional basis. The party states further recognize that the Congress of the United States, by enacting the Act has provided for and encouraged the development of regional low-level radioactive waste compacts to manage such waste. The party states recognize that the long-term, safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to manage such waste be properly provided.

Health. "In order to promote the health and safety of the region, it is the safety. policy of the party states to: enter into a regional low. level radio-active waste management compact as a means of facilitating an interstate cooperative effort, provide for proper transportation of low-level waste generated in the region, minimize the number of facilities required to effectively and efficiently manage low-level radioactive waste generated in the region, encourage the reduction of the amounts of low-level waste generated in the region, distribute fx )

(

the costs, benefits, and obligations of proper low-level radioactive

'n,/ waste management equitably among the party states, and ensure the environmentally sound and economical management oflow level radioactive waste.

"Aaricts 11. DEFINITIONS "As used in this compact, unless the context clearly requires a different construction:

"a. ' commission' means the Northeast Interstate Low Level Radioactive Waste Commission established pursuant to Article IV of this compact; "b. ' custodial agency' means the agency of the government designated to act on behalf of the government owner of the o

rep'c.nal facility;means the isolation of low-level radioactive

' disposal waste from the biosphere inhabited by man and his food chains; )

"d. ' facility' means a parcel of land, together with the struc-tures, equipment and improvements thereon or appurtenant thereto, which is used or is being developed for the treatment, storage or disposal of low-level waste, but shall not include on-site treatment or storage by a generator; "e. ' generator' means a person who produces or processes low-level waste, but does not include persons who only provide a service by arranging for the collection, transportation, treat-ment, storage or disposal of wastes generated outside the region-

"f. 'high-level waste

• means 1) the highly radioactive material Og resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid (U/ material derived from such hquid waste that contains dission

A.31.70 -

PUBLIC LAW 99-240--JAN.15,1986 99 STAT.1911 products in sufficient concentration; and 2) any other highly radioactive material determined by the federal government as reguiring permanent isolation;

g. ' host state' means a party state in which a regional facility is located or being developed; "h. ' institutional control' means the continued observation, monitoring, and care of the regional facility following transfer of control of the regional facility from the operator to the custodial agency; "i. ' low-level waste' means radioactive waste that 1)is neither high level waste nor transuranic waste, nor spent nuclear fuel, nor by-product material as defined in section 11e (2) of the Atomic Energy Act of 1954 as amended; and 2)is classified by the federal government as low-level waste, consistent with exist-ing law; but does not include waste generated as a result of atomic energy defense activities of the federal government, as-defined in P.L.96-573, or federal research and development activities; "j. ' party state' means any state which is a signatory party in good standing to this compact; "k. ' person means an individual, corporation, business enter-prise or other legal entity, either public or private and their legal successors; "1. ' post-closure observation and maintenance' means the continued monitoring of a closed regional facility to ensure the integrity and environmental safety of the site through compli-ance with applicable licensing and regulatory requirements; prevention of unwarranted intrusion, and correction of problems; "m. ' region' means the entire area of the party states; "n. ' regional facility' means a facility as defined in this section Commission; which has been designated or accepted by the "o. ' state' means a state of the United States, the District of Columbia, the Commanwealth of Puerto Rico, the Virgin Is-lands or any other territory subject to the laws of the United States; "p. ' storage' means the holding of waste for treatment or disposal;

' q. ' transuranic waste' means waste material containing radionuclides with an atomic number greater than 92 which are excluded from shallow land burial by the federal government; "r. ' treatment' means an including storage for decay,y method, designed to technique change theor process, physical, chemical cr biological characteristics or composition of any waste in order to render such waste safer for transport or disposal, amenable for recovery, convertible to another usable material or reduced in volume; "s. ' waste' meens low. level radioactive waste as defined in this section; "t. ' waste management' means the storage, treatment, transportation, and disposal, where applicable, of waste.

" ARTICLE III. NIGHTS AND OBLIGATIONS "a. There shall be provided within the region one or more regional f cilities which, together with such other facilities as may be made

A.31.71 99 STAT.1912 PUBLIC LAW 99-240-JAN.15,1986 l 'h available to the region, will provide sufficient capacity to manage all

( )

\j wastesjenerated within the region.1. Regional facilities shall be e within the region, unless otherwise provided by the Commis-Prohibition. sion. To the extent regional facilities are available, no waste Exports. generated within a party state shall be exported to facilities outside the region unless such exportation is approved by the Commission and the affected host state (s).

Prohibition. "2. After January 1,1986, no person shall deposit at a re-gional facility waste generated outside the region, and further, no regional facility shall accept waste generated outside the region, unless approved by the Commission and the affected host state (s).

"b. The rights, responsibilities and obligations of each party state to this comyact are as follows:

"1. Each party state shall have the right to have all wastes generated within its borders managed at regional facilities, and shall have the right of access to facilities made available to the region through agreements entered into by the Commission pursuant to Article IV(i)(11). The right of access by a generator within a party state to any regional facility is limited by the generator s adherence to applicable state and federal laws and alations and the provisions of this compact.

Transpertation. rep'2. To the extent not prohibited by federal law, each party negulations. state shall institute procedures which will require shipments of low-level waste generated within or passing through its borders to be consistent with applicable federal packaging and transpor-1 tation regulations and applicable host state packaging and transportation regulations for management of low level waste; i(Lj provided, however, that these practices shall not impose un-reasonable, burdensome impediments to the management of low. level waste in the region. Upon notification by a host state that a generator, shipper, or carrier within the party state is in violation of applicable packaging or transportation regulations, the party state shall take appropriate action to ensure that such Siolations do not recur.

"3. Each party state,may impose reasonable fees upon genera-tors, shippers, or carriers to recover the cost of inspections and other practices under this compact.

"4. Each party state shall encourage generators within its borders to minimize the volumes of waste requiring disposal.

"5. Each party state has the right to rely on the good faith performance by every other party state of acts which ensure the provision of facilities for regional availability and their use in a manner consistent with this compact. '

"6. Each party state shall provide to the Commission any data and information necessary for the implementation of the Commission's responsibilities, and shall establish the capability to obtain any data and information necessary to meet its obliga-tion as herein defined.

"7. Each party state shall have the capability to host a regional facility in a timely manner and to ensure the post-closure observation and maintenance, and institutional control of any regional facility within its borders.

"8. No non host party state shall be liable for any injury to (s Prohibition.

Transportation. persons or property resulting from the operation of a regtonal

'(yy) facility or the transportation of waste to a regional facility;

A.31.72 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1913 however, if the host state itself is the operator of the regional facility, its liability shall be that of any private operator.

"c. The rights, responsibilities and obligations of a host state are as follows:

"1. To the extent not prohibited by federal law, a host state shall ensure the timely development and the safe operation, closure, post-closure observation and maintenance, and institu-tional control of any regional facility within its borders.

"2. In accordance with procedures established in Articles V cnd IX, the host state shall provide for the establishment of a reasonable structure of fees sufGcient to cover all costs related to the development, operation, closure, post-closure observation end maintenance, and institutional control of a regional facility, it may also establish surcharges to cover the regulatory costs, Prohibition.

incentives, and compensation associated with a regional facility; provided, however, that without the express approval of the Commission, no distinction in fees or surcharges shall be made between persons of the several states party to this compact.

"3. To the extent not prohibited by federal law, a host state Regulations.

may establish requirements and regulations pertaining to the Prohibition.

management of waste at a regional facility; provided, however, that such requirements shall not impose unreasonable impedi-ments to the management oflow-level waste within the region.

Nor may a host state or a subdivision impose such restrictive requirements on the siting or operation of a regional facility that, along or as a whole, they serve as unreasonable barriers or prohibitions to the siting or operation of such a facility.

"4. Each host state shall submit to the Commission annually a Report.

report concerning each operating regional facility within its borders. The report shall contain projections of the anticipated Audit.

future capacity and availability of the regional facility, a finan-cial audit of its operations, and other information as may be required by the Commission; and in the case of regional facili-ties in institutional control or otherwise no longer operating, the host states shall furnish such information as may be re-quired on the facilities still subject to theirjurisdiction.

"5. A host state shall notify the Commission immediately if Report.

any exigency arises which requires the permanent, temporary, or possible closure of any regional facility located therein at a time earlier than projected in its most recent annual report to the Commission. The Commission may conduct studies, hold studien hearings, or take such other measures to ensure that the actions taken are necessary and compatible with the obligations of the host state under this compact.

"ARTICI.E IV. Tun CoNtNHSSloN "a. There is hereby created the Northeast Interstate Low Level Northeast Radioactive Waste Commission. The Commission shall consist of one Inter

• tate Low-member from each party state to be appointed by the Governor dl,y,,,

accordmg to procedures of each party state, except that a host state wute sh ll have two members during the period that it has an operating emnnwon, regional facility. The Governor shall notify the Commission in eMabh hnwnt writing of the identity of the member and one alternate, who may act on behalf of the member only in the member's absence.

A 31.73 99 STAT.1914 PUBLIC LAW 99-240-JAN.15,1986 I "b. Each Commission member shall be entitled to one vote. No

/ Prohibition.

V action of the Commission shall be binding unless a majority of the total membership cast their vote in the affirmative.

Regulations. "c. The Commission shall elect annually from among its members a presiding officer and such other officers as it deems appropriate.

The Commission shall adopt and publish, in convenient form, such rules and regulations as are necessary for due process in the performance of its duties and powers under this compact.

"d. The Commission shall meet at least once a year and shall also meet upon the call of the presiding ofTicer, or upon the call of a party state member.

"e. All meetings of the Commission shall be open to the public with reasonable prior public notice. The Commission may, by major-ity vote, close a meeting to the public for the purpose of considering sensitive personnel or legal matters. All Commission actions and decisions shall be made in open meetings and appropriately re-corded. A roll call vote may be required upon request of any party state or the presiding officer.

"f. The Commission may establish such committees as it deems necessary, contracts. "g. The Commission may appoint, contract for, and compensate such limited staff as it determines necessary to carry out its duties and functions. The staff shall serve at the Commission's pleasure irrespective of the civil service, personnel or other merit laws of any of the party states or the federal government and shall be com-pensated from funds of the Commission.

,/ "h. The Commission shall adopt an annual budget for its

( operations.

U "1. The Commission shall have the following duties and powers:

"1. The Commission shall receive and act on the application of a non. party state to become an eligible state in accordance with Article VII(e).

"2. The Commission shall receive and act on the application of an eligible state to become a party state in accordance with Article VIhb).

Report. "3. The Commission shall submit an annual report to and otherwise communicate with the governors and the presiding officer of each body of the legislature of the party states regard-

< ing the activities of the Commission.

"4. Upon request of party states, the Commission shall medi-ate disputes which arise between the party states regarding this compact. l "5. The Commission shall develop, adopt and maintain a regional management plan to ensure safe and effective manage-ment of waste within the region, pursuant to Article V.

Report. "6. The Commission may conduct such legislative or adjudica- i stumes tory hearings, and require such reports, studies, evidence and testimony as are necessary to perform its duties and functions.

Regulation. "7. The Commission shall establish by regulation, after public notice and opportunity for comment, such procedural regula-tions as deemed necessary to ensure efficient operation, the orderly gathering of information, and the protection of the rights of due process of affected persons.

/

g\ "8. In accordance with the procedures and criteria set forth in Article V, the Commission shall accept a host state's proposed (V )

facility as a regional facility.

A.31.74 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1915 "D. In accordance with the procedures and criteria set forth in Article V, the Commission may designate, by a two. thirds vote, host states for the establishment of needed regional facilities.

The Commission shall not exercise this authority unless the Prohibition.

party states have failed to voluntarily pursue the development of such facilities.

"10. The Commission may require of and obtain from party ctates, eligible states seeking to become party states, and non-party states seeking to become eligible states, data and mformation necessary for the implementation of Commission responsibilities.

"11. The Commission may enter into agreements with any contracts.

person, state, regional body, or group of states for the importa. Imports.

tion of waste into the region and for the right of access to facilities outside the region for waste generated within the region. Such authorization to import requires a two. thirds majority vote of the Commission, including an afGrmative vote of the representatives of the host state in which any afTected regional facility is located. This shall be done only after the Commission and the host state have made an assessment of the effected facilities' capability to handle such wastes and of rel-evant environmental, economic, and public health factors, as defined by the appropriate regulatory authorities.

"12. The Commission may, upon petition, grant an individual E x porta.

ginerator or group of generators in the region the right to export wastes to a facility located outside the region. Such grant of right shall be for a period of time and amount of waste and on such other terms and conditions as determined by the Commis-sion and approved by the affected host states.

"13. The Commission may appear as an intervenor or party in interest before any court of law, federal, state or local agency, board or commission that has jurisdiction over the management of wastes. Such authority to intervene or otherwise appear shall be exercised only after a two-thirds vote of the Commission. In Itepart order to represent its views, the Commission may arrange for gny expert testimony as it deems necessary., reports, evidence or other participation "14.The Commismon may impose sanctions, including but not limited to, fines, suspension of privileges and revocation of the membership of a party state in accordance with Article VII. The Commission shall have the authority to revoke, in accordance i with Article VII(g), the membership of a party state that creates unreasonable barriers to the siting of a needed regional facility or refuses to accept host state responsibilities upon designation by the Commission.

"15. The Commission shall establish by regulation criteria for itegulation. l cnd shall review the fee and surcharge systems in accordance with Articles V and IX.

"16. The Commission shall review the capability of party states to ensure the siting, operation, post <losure observation cnd maintenance, and institutional control of any facility within its borders.

"17. The Commission shall review the compact legislation cy:ry five years prior to federal congressional review provided for in the Act, and may recommend legislative action.

"lR The Commission has the authority to develop and pro- Itegulatione vide to party states such rules, regulations and guidelines as it deems appropriate for the efGcient, consistent, fair and reason-cble implementation of the compact.

I

A,3175 99 STAT.1916 PUBLIC LAW 99-240-JAN.15,1986 "J. There is hereby established a Commission operating account.

(VA) The Commission is authorized to expend monies from such account for the expenses of any staff and consultants designated under section (g) of this Article and for official Commission business.

Financial support of the Commission account shall be provided as follows:

"1. Each eligible state, upon becoming a party state, shall pay

$70,000 to the Commission, which shall be used for administra-tive cost of the Commission.

"2. The Commission shall impose a ' commission surcharge

• per unit of waste received at any regional facility as provided in Article V.

"3. Until such time as at least one regional facility is in operation and accepting waste for management, or to the extent that revenues under paragraphs (1) and (2) of this section are unavailable or insufficient to cover the approved annual budget of the Commission, each party state shall pay an apportioned amount of the difference between the fands available and the total budget in accordance with the following formula:

"(a) 20 percent in equal shares;

"(b) 30 percent in the proportion that the population of the party state bears to the total ulation of all party states, according to the most recent . . census;

"(c) 50 percent in the proportion that the waste generated for management in each party state bears to the total waste ement in the region for the most O)

(V generated for year recent calendar manafn which reliable data are available, as determined by the Commission.

"k. The Commission shall keep accurate accounts of all receipts Audit. and disbursements. An independent certified public accountant bport. shall annually audit all receipts and disbursements of Commission accounts and funds and submit an audit report to the Commission.

Such audit report shall be made a part of the annual report of the Commission required by Article IV(ix3),

tans. "1. The Commission may accept, receive, utilla.e and dispose for Urats- any of its purposes and functions any and all donations, loans, grants of money, equipment, supplies, materials and services (condi-tional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any bport. Institution, person, firm or corporation. The nature, amount and condition, if any, attendant upon any donation, loans, or grant accepted pursuant to this paragraph, together with the identity of the donor, grantor, or lender, shall be detailed in the annual report of the Commission. The Commission shall by rula establish guide.

equip-lines ment, for the acceptance supplies, materials andof services.

donations,Thisloans, grants tof money, hat no shall provide donor, grantor or lender may derive unfair or unreasonable advan.

tge in any proceeding before the Commission.

Prohibitions- m. The Commission herein established is a body corporate and politic, separate and distinct from the party states and shall be so l liable for its own actions. Liabilities of the Commission shall not be deemed liabilities of the party states, nor shall members of the Commission be personally liable for action taken by them in their C official capacity.

.I "1. The Commission shall not be responsible for any costs or

\

expenses associated with the creation, operation, closure, post-closure observation and maintenance, and institutional control of any regional facility, or any associated regulatory activities of the party states.

A.31,76 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1917 "2. Except as otherwise provided herein, this compact shall not be construed to alter the incidence of liability of any kind for any act, omission, or course of conduct. Generators, shippers cnd carriers of wastes, and owners and operators of sites shall be liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto.

"n. The United States district courts in the District of Columbia court.u s sh:ll have original jurisdiction of all actions brought by or against District or the Commission. Any such action initiated in a state court shall be columbia.

removed to the designated United States district court in the manner provided by Act of June 25, 1948 as amended (28 U.S.C.

91446). This section shall not alter the jurisdiction of the United Prohibition.

States Court of Appeals for the District of Columbia Circuit to revi;w the final administrative decisions of the Commission as set forth in the paragraph below.

"o. The United States Court of Appeals for the District of Colum- courta. U s bi2 Circuit shall have jurisdiction to review the final administrative deci:lons of the Commission.

"1. Any person aggrieved by a final administrative decision may obtain review of the decision by filing a petition for review within 60 days after the Commission's final decision.

"2. In the event that review is sought of the Commission's decision relative to the designation of a host state, the Court of Appeals shall accord the matter an expedited review, and, if the Court does not rule within 90 days after a petition for review has been filed, the Commission's decision shall be deemed to be cffirmed.

"3. The courts shall not substitute their judgment for that of prohibition the Commission as to the decisions of pohey or weight of the evidence on questions of fact. The Court may affirm the decision of the Commission or remand the case for further proceedings if it finds that the petitioners has been aggrieved because the finding, inferences, conclusions or decisions of the Commission cre:

"a. In violation of the Constitution of the United States; "b. In excess of the authority granted to the Commission by this compact; "c. made upon unlawful procedure to the detriment of any person; "d. arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

"4. The Commission shall be deemed to be acting in a legista- Regulations tive capacity except in those instar,ces where it de: ides, pursu-cnt to its rules and regulations, that its determinations are cdjudicatory in nature.

"Anricts V. liost STATE SEtzcT1oN AND DEVElerMENT AND OrEnArioN or HEGloNAt. FActt:TtEs "c. The Commission shall develop, adopt, maintain, and imple-m:nt a reg!onal management plan to ensure the safe and efficient m~mqcment of waste within the region. The plan shall include the fdlowing:

"1. a current inventory of all generators within the region; l "2. a current inventory of all facilities within the region, I including information on the sire, capacity, location, specific '

waste being handled, and projected useful life of each facility;

A 31.77 99 STAT.1918 PU13LIC LAW 99-240-JAN.15,1986

/

A

) Health. "3. consistent with considerations for public health and safety

( / Safety- as defined by appropriate regulatory authorities, a determina-U tion of the type and number of regional facilities which are presently necessary and projected to be necessary to manage waste generated within the region; "4. reference guidelines, as defined by appropriate regulatory authorities, for the party states for establishing the criteria and procedures to evaluate locations for regional facilities.

"b. The Commission shall develop and adopt criteria and proce-dures for reviewing a party state which volunteers to host a 'onal facility within its borders. These criteria shall be develo with public notice and shall include the following factors: the capability of the volunteering party state to host a regional facility in a timely manner and to ensure its post-closure observation and maintenance, and institutional control; and the anticipated economic feasibility of the propmed facility.

1. Any party state may volunteer to host a regional facility within its borders. The Commission may set terms and condi.

tions to encourage a party state to volunteer to be the first host state.

"2. Consistent with the review required above, the Commis-sion shall, upon a two thirds affirmative vote, designate a vol-unteering party state to serve as a host state.

"c. If all regional facilities required by the regional management plan are not developed pursuant to section (b), or upon notification that an existing facility will be closed, or upon determination that an additional regional facility is or may be required, the Commis.

1 O sion shall convene to consider designation of a host state.

"1. The Commission shall develop and adopt procedures for designating a party state to be a host state for a regional facility. The Commission shall base its decision on the following criteria:

Ilealth. "a. the health, safety and welfare of citizens of the party Safety. states as defined by the appropriate regulatory authorities; l "b. the environmental, economic, and social effects of a regional facility on the party states-The Commission shall also base its decision on the following criteria:

"c. economic benefits and conta; "d. the volumes and types of waste generated within each party state; Trangertation "e. the minimization of waste transportation; and "f. the existence of regional facihties within the party states.

"2. Following its established criteria and procedures, the Commission shall designate by a two thirds affirmative vote a party state to serve as a host state. A current host state shall have the right of first refusal for a succeeding regional facility.

St udica. "3. The Commission shall conduct such hearings and studice, and take such evidence and testimony as is required by ita

approved procedures prior to designating a host state. Public hearings shall be held upon request in each candidate host state l prior to final evaluation and selection.

"4. A party state which has been designated as a host state by iO the Commission and which fails to fulfill its obligations as a l host state may have its privileges under the compact suspended

, ( Q' i

or membership in the compact revoked by the Commission.

"d. Each host state shall be responsible for the timely identifica-i tion of a site and the timely development and operation of a regional i

A.31,78 PUllLIC LAW 99-240--JAN.15,1986 99 STAT,1919 facility. The proposed facility shall meet geologic, environmental cnd economic criteria which shall not conniet with applicable fed-cr:I and host state laws and regulations.

"1. To the extent not prohibited by federal law, a host state may regulate and license any facility within its borders.

"2. To the extent not prohibited by Federal law, a host state shall ensure the safe operation, closure, post closure observation and maintenance, and institutional control of a facility, includ-ing adequate financial assurances by the operator and adequate emergency respnse procedures. It shall periodically review and Iteport.

report to the Commission on the status of the post-closure and institutional control funds and the remaining useful life of the facility.

"3. A host state shall solicit comments from each party state and the Commission regarding the siting, operation, financial assurances, closure, post-closure observation and maintenance, and institutional control of a regional facility.

"o. A host state intending to close a regional facility within its borders shall notify the Commission in writing of its intention and reasons therefore.

"1. Except as otherwise provided, such notification shall be given to the Commission at least five years prior to the sched-uled date of closure.

"2. A host state may close a regional facility within its II,.:th.

borders in the event of an emergency or if a condition exista Safety.

which constitutes a substantial threat to public health and safet,y. A host state shall notify the Commission in writing withm three days of its action a id shall, within 30 working days, show justification for the closing.

3. In the event that a regionnt facility closes before an additional or new facility becomes operational, the Commission shall make interim arrangements for the storage or disposal of waste generated within tne region until such time that a new re "f.1gional ces andfacility is o;wrational.

surcharges shall be impcm! equitably upon all users of a regional facility, based upon criteria established by the Commission.

"1. A host state shall, according to its lawful administrative stesulauone.

procedures, approve fee schedules to be charged to all users of the regional facility within its borders. Except as provided herein, such fee schedules shall be established by the operator of a regional facility, under applicable state regulations, and shall be reasonable and sufficient to cover all costa related to the development, operation, closure, post closure observation rnd maintenance, institutional control of the regional facility.

The host state shall determine a schedule for contributions to the post <losure observation and maintenance, and institutional ,

control funds. Such fee schedules shall not be approved unless l the Commission has been given reasonable opportunity to review and make recommendations on the proposed fee schedules.

"2. A host state may, according to its lawful administrative stesulation.

procedures, impose a state surchar 'e per unit of waste received ct any regional facility within its rders. The state surcharge shall be in s.ddition to the fees charged for waste management.

The surcharge shall be sufficient to cover all reasonable costs associated with administration and regulation of the facility.

The surcharge shall not be established unless the Commission has been provided reasonable opportunity to review and make

A.31.79 99 STAT.1920 PU LIC LAW 99-240-JAN.15,1986 O recommendations on the proposed state surcharge.

"3. The Commission shall impose a commission surcharge per

(\ unit of waste received at any regional facility. The total monies collected shall be adequate to pay the costs and expenses of the Commission and shall be remitted to.the Commission on a timely basis as determined by the Commission. The surcharge may be increased or decreased as the Commission deems necessary.

"4. Nothing herein shall be construed to limit the ability of the host state, or the political subdivision in which the regional facility is situated, to impose surcharges for purposes including, but not limited to, host community compensation and host community development incentives. Such surcharges shall be reasonable and shall not be imposed unless the Commission has been provided reasonable opportunity to review and make rec-ommendations on the proposed surcharge. Such surcharge may be recovered through the approved feo and surcharge schedules provided for in this section.

"Aanct. VI. Oruna LAWS AND REQUE.ADONs Prohibition. "a. Nothing in this compact shall be construed to abrogate or limit the regulatory responsibility or authority of the U.S. Nuclear Regu.

latory Commission or of an Agreement State under Section 274 of 42 Usc 2021. the Atomic Energy Act of 1954, as amended.

"b. The laws or portions of those laws of a party state that are not inconsistent with this compact remain in full force.

4 "c. Nothing in this compact shall make unlawful the continued

') Prohibition. development and operation of any facility already licensed for devel-s_/ op" ment or operation on the date this compact becomes elTective.

Prohibition. d. No judicial or administrative proceeding pending on the effec-tive date of the compact shall be affected by the compact.

Prohibition. "e. Except as provided for in Article III(bX2) and (cX3), this compact shall not affect the relations between and the respective internal responsibilities of the government of a party state and its subdivisions.

Research and "f. The generation, treatment, storage, transportation, or disposal development. of waste generated by the atomic energy defense activitics of the i 42 USC 202th federal government, as defined in P.L.96-573 or federal research note. and development activities are not affected by (Itis compact.

Taic.. "g. To the extent that the rights and powers of any state or Transportation. political subdivision to license and regulate any facility within its borders and to impose taxes, fees, and surcharges on the waste managed at that regional facility do not operate as an unreasonable impediment to the transportation, treatment or disposal of waste, such rights and powers shall not be diminished by this compact.

Prohibition. "h. No party state shall enact any law or regulation or attempt to enforce any measure which is inconsistent with this compact. Such measures may provide the basis for the Commission to suspend or terminate a party state's membership and privileges under this compact.

"i. All laws and regulations, or parta theroof of any party state or subdivision or instrumentality thereof which are inconsistent with this compact are hereby repealed and declared null and void. Any legal ri ht obilgation, violation or penalt arising under such laws or regu$at[ons prior to the enactment of this compact, or not in (v) Prohibition.

conflict with it, shall not be affnted.

"j. Subject to Article Ill(cx2), no law or regulation of a party state

l A,31.80 1 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1921 cr subdivision or instrumentality thereof may be applied so as to restrict or make more costly or inconvenient access to any regional facility by the generators of another party state than for the genera-tors of the state where the facility is situated.

"k, No law, ordinance, or regulation of any party state or any prohibition.

subdivision or instrumentality thereof shall prohibit, suspend, or unreasonably delay, limit or restrict the operation of a siting or licensing agency in the designation, siting, or licensing of a regional facility. Any such provision in existence at the time of ratification of this compact is hereby repealed.

"A:Tiet.: VII. Eucinta PARTIES. WITHDRAWAt., REVOCATION, ENTRY INTo force, TERMINATION "c. The initially eligible parties to this compact shall be the eleven connecticut.

states of Connecticut, Delaware, Maine, Maryland, Massachusetts, Delaware N:w Ilampshire, Isl:nd, and Vermont.New InitialJersey, eligibility New York, will expire Pennsylvania, June 30, 1984. staaRhode

<hu.eita.

N,".J.and "b. Each state eligible to become a party state to this compact New Itamp. hire sh:ll be declared a party state upon enactment of this compact mto 1:w by the state, repeal of all statutes or statutory provisions that yle" j.egy-p "nsyhania.

pose unreasonable impediments to the capability of the state to host nhmi, t.tana.

o regional facility in a timely manner, and upon payment of the fees Vermont.

required by Article IVQMI). An eligible state may become a party to this compact by an executive order by the governor of the state and upon payment of the fees required by Article IVOMI). Ilowever, any st:ta which becomes a party state by executive order shall cease to be o party state upon the final adjourninent of the next general or regul:r session of its legislature, unless this compact has by then been (nacted as a statute by the state and all statutes and statutory provi: ions that conflict with the compact have been repealed.

"c. The compact shall become effective in a party state upon meetive date.

cnactment by that state. It shall not become initially effective in the region until enacted into law by three party states and consent giv:n to it by the Congress.

"d. The first three states eligible to become party states to this compact which adopt this compact into law as required in Article Vlltb) shall immediately, upon the appointment of their Commission m:mbers, constitute themselves as the Northeast Interstate 1,ow.

Lev:1 Radioactive Waste Commission. They shall cause legislation to be introduced in the Congress which grants the consent of the Congress to this compact, and shall do those things necessary to org:nize the Commission and implement the provisions of this compIct.

"1. The Commission shall be the judge of the qualifications of the party states and of its members and of their compliance with the conditions and requirements of this compact and of the laws of the party states relating to the enactment of this com pact.

"2. All succeeding states eligible to become party states to this compact shall be declared party states pursuant to the provi.

sions of section (b) of this Article.

"e. Any state not expressly declared eligible to become a party Ltite to this compact in section (a) of this Article may petition the Commission to be declared eligible. The Commission may establish such conditions as it deems necessary and appropriate to be met by a st te requesting eligibility as a party state to this compact pursuant to the provisions of this section, including a public hearing on the

A 31.81 99 STAT.1922 PUBLIC LAW 99-240-JAN.15,1986 p) t application. Upon satisfactorily meeting such conditions and upon (j the affirmative vote of two thirds of the Commission, including the affirmative vote of the representatives of the host states in which any affected regional facility is located, the petitioning state shall be eligible to become a party state to this compact and may twcome a party state in the same manner as those states dechred eligible in section(a)of this Article.

prohibition. "f. No state holding membership in any other regional compact for the management of low. level radioactive waste may become a member of this compact.

"g. Any party state which fails to comply with the provisions of this compact or to fulfill its obligations hereunder may have its privileges suspended or, upon a two thirds vote of the Commission, after full opportunity for hearing and comment, have its member-ship in the compact revoked. Revocation shall take efTect one year from the date the affected party state receives written notice from the Commission of its action. All legal rights of the affected party state established under this compact shall cease upon the effective date of revocation, except that any legal obligations of that party state arising prior to revocation will not cease until they have been fulfilled. As soon as practicable after a Commission decision suspending or revoking party state status, the Commission shall provide written notice of the action and a copy of the resolution to the governors and the presiding oflicer of each body of the state legislatures of the party states, and to chairmen of the appropriate committees of the Longress.

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"h. Any party state may withdraw from this compact by repealing its authoru, ation legislation, and all legal rights under this compact of the party state cease upon repeal. Ilowever, no such withdrawal shall take effect until five years after the Governor of the withdraw-ing state has given notice in writing of such withdrawal to the Commission and to the governor of each party state. No withdrawal shall afTect any liability already incurred by or chargeable to a party state prior to that time.

"1. Upon receipt of the notification, the Commission shall, as soon as practicable, provide copics to the governors and the presiding officer of each body of the state legislatures of the party states, and to the chairmen of the appropriate committees of the Congrens.

"2. A regional facility in a withdrawing state shall remain available to the region for five years after the date the Commis-sion receives written notification of the intent to withdraw or until the prescheduled date of closure, whichever occurs first.

"i. This compact may be terminated only by the affirmative action of the Congress or by the repeal of all laws enacting the compact in each party state. The Congress may by law withdraw its consent every five years after the compact takes effect.

"1. The consent given to this compact by the Congress shall extend to any future admittance of new party states under i sections (b)and(e)of this Article.  ;

"2. The withdrawal of a party state from this compact under section (h) or the revocation of a state's membership in this compact under section (g) of this Article shall not affect the applicability of the compact to the remaining party states.

"Annet.s Vill. PENAIMF3

( "a. Each party state, consistent with federal and host state regula-tions and laws, shall enforce penalties against any person not acting

A.31.82 PUBLIC LAW 99-240-JAN.15,1986 99 STAT.1923 as cn official of a party state for violation of this compact m the party state. Each party state acknowledges that the shipment to a host state of waste packaged or transported in violation of applicable I:w2 and regulations can result in the imposition of sanctions by the host state. These sanctions may include, but are not limited to, suspension or revocation of the violator's right of access to the f:cility in the host state.

"b. Without the express approval of the Commission, it shall be 1%utatnin..

unl:wful for any person to dispose of any low level waste within the region except at a regional facility; provided, however, that this restriction shall not apply to waste which is permitted by applicable feder:1 or state regulations to be discarded without regard to its radioactivity.

"c. Unless specifically approved by the Commission and affected host state (s) compact for:1)pursuant any person to Article IV, at to deposit it shall be afacility a regional violation of this waste not gen: rated within the region; 2) any regional facility to accept waste not generated within the region; and 3) any person to export from ,

the region waste generated within the region.

"d. Primary responsibility for enforcing provisions of the law will '

rest with the affected state or states. The Commission, upon a two-thirds vote ofits members, may bring action to seek enforcement or cppropriate remedies against violators of the provisions and regula-tions for this compact as provided for in Article IV, "AnticLE IX. COMPENSATION PROVISIONS "c. The responsibility for ensuring compensation and clean.up during the operational and post-closure periods rests with the host state, as set forth herein.

"1. The host state shall ensure the availability of funds and procedures for compensation of injured persons, including facil.

ity employees, and property damage (except any possible claims for diminution of property values) due to the existence and operation of a regional facility, and for clean up and restoration of the facility and surrounding areas.

"2. The state may satisfy this obligation by requiring bonds, insurance, compensation funds, or any other means or combina-tion of meam, imposed either on the facility operator or as-sumed by the state itself, or both. Nothing in this article alters prohibition.

the liability of any person or governmental entity under ap-plicable state and federal laws.

"b. The Commission shall provide a means of compensation for persons injured or property damaged during the institutional con-trol period due to the radioactive and waste management nature of the regional facility. This responsibility may be met by a special fund, insurance, or other means.

"1. The Commission is authorized, at its discretion, to impose in ur nc..

c waste management surcharge, to be collected by the operator Centrac's or owner of the regional facility; to establish a separate insur-cnce entity, formed by but separate from the Commission itself, but under such terms and conditions as it decides, and exempt from state insurance regulation; to contract with this company cr other entity for coverage; or to take any other measures, or combination of measures, to implement the goals of this section.

"2. The existence of this fund or other means of compensation IWutation.

chall not imply any liability by the Commission, the non host party states, or any of their officials and staff, which are

A.31.83 99 STAT.1924 PUBLIC LAW 99-240-JAN.15,1986 O.

(V i exempted from liability by other provisions of this compact.

Claims or suita for compensation shall be directed against the fund, the insurance company, or other entity, unless the Commission, by regulation, directs otherwise.

"c. Not withstanding any other provisions, the Commission fund, insurance, or other means of compensation shall also be available for third party relief during the operational and post closure peri-ods, as the Commission may direct, but only to the extent that no other funds, insurance, tort compensation, or other means are avail-able from the host state or other entities, under section a. of this Article or otherwise; provided, that this Commission contribution shall not apply to clean up or restoration of the regional facility and its environs during the operational and post <losure period.

"d. The liability of the Commission's fund, insurance entity, or any other means of compensation shall be limited to the amount currently contained therein: provided that the Commission may set some lower limit to ensure the integrity and availability of the fund or other entity for liability.

"AaTiet.s X. SEVERABIUTY AND CONirrRUCr10N Provisions held "The provisions of this compact shall be severable, and if any 6anhd- phrase, clause, sentence or provision of this compact is declared by a federal court of competent jurisdiction to be contrary to the Con-stitution of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the

( validity of the remainder of this compact and the applicability i thereof to any other government, agency, person or circumstance V shall not be affected thereby. The provisions of this compact shall be liberally construed to give effect to the purposes thereof.".'

Approved January 15, IDM.

IAmends P.L. 96473 t>y striking out secuens 1,2,3,4 and insertins in lieu thereof F.L. 90 240.

l.EGISI.ATIVE lilSTORY-il R IONI(S 1517)is.151M):

IlOUSE REPORT No tr)-314 Pt. I (bmm on Inter 6er and Insular Affairs)and Pt. II CONO RESSION Al, )I I on il I Dec. 9 considered and pnaaed flouse, cimablered and pnanal Henate, amended, thc.19, llouse concurred in Nenate amendments, mth amendment Senate concurred in llouse amendment.

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APPENDIX 34 TENURE OF OFFICE OF AEC COMMISSIONERS, 1946 4 5 f rom- In- Re ms'h

• Da w ed E L die nt hal, Cha irma n .. . . . . . . . , . . . . . . . . . . . . ... . . . , Now l.1946 feb l$ 19%0 RevgMJ R obe rt F Ra c he r . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .... .......... Now l.1946 Mai 10 l *

• Re* seed SumnteTPike...........,,,,,.................................., n i .11.1947 (>et il Itil R t t ened W 6tita m W W a y mat h . . . . . . . . . . . . . . . . . . . . . . . . . . ............, Nov $.1946 Dec 21 194n n es.gMJ le==eLStraves.....,,,,,.........,,........................... Nov 12.1946 Apr il lito R e v g ard Gadman......................,,,,.. . . . . . . . . . . . . . . . . . . . J uly 2.193) Jwh8 h) 19%8 lerm e mpired He nry De W olf $ m yt h . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . May 30 1949 %ept 30 1994 Rn sned CordonDean................................................... May }4 1949 June 10 le t Nm e spoed Osieman................................................... July li,1930 June 4) 1991 lerm espired Thomas E Murtsy . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . May 9 1990 June 10 199 9 Ihomet Lenh Clennen . . . . . . . . . . . . . . , . . . . , . . . . . . . . . . . . . . . . . R1 IlW N.'t 1.19%I NeogMd EW3ene M luesert . . . . . . . . . . . . . . . . . ,, ,, ..., ....... Ieb II 199I Iw at hl l'94 le'*e'P"ed J o se ph C o m pl) ell . . . . . . . . . . . . . . . , , , . . . . . . . . . . . . . . . . . . . . . . . . july 27.191% %ot W IM4 M 6 **g htd Nlllard I l'bby .......... ............ .........,, ........ ..... NI $ IN4 Iwas D IN' e *5MO j o h n V o n N e w ma n n . . . . . . . , , , , . . . . . . , , , , , , , , , . . . . . . . . . . . . . . . . . . . , Mar 11,1933 pet a.1917 lineateJ H a rold 5 % s ac e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , , , , . . . . . . a i 11.1951 Aus 31 1919 (b esied J o h n S G ra ha m. . . . . . . . . . . . . . . . . . . . , . . , , . . . . . . . . . . . . . . . . . . . . . . %eptl},1997 June 10 6%) Reigned J oh n f er re10 Flobe r g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 1.1M 7 June Il IVNI llh+gned John A M cCene . D aa r ma n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jwly 14 1933 Jan 20 l#1 R ei sned JohnHWosmo..................,,,,......................... Aug il 1999 June to 16 It n.gaed R o be rt E % d ion . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mar 22. lWn0 Jan Il l#4 Ret 3*ed era n L Ol se n . . . . . . . . . . . . . . . . . , , , , . . . , , , , , , , ,, , , , , , , , . J une I I, l W J u ne to l * .' t rem s e rimd de n n T Se a bor g Os .t en e n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mar 1.1 % I Aug la It'l k et gard stand J Haeorth . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . , Apr 17 (#1 J u ne 40 Iwn l Morgaed John G Palf rey , ,,,,......., ,.,,,, ,,,, ....... .... ,,,,, .. Aug II. ##2 Jwneht1*A kn gmed James T Ramey . . . . . , . . . . . . , ,, ... . . . . . , , , , , , . ,, Aug il 1%J Jun e hl 14'1 f erm e n eveJ b8'ald I Infe ,,, ............., .... ..... . , . . . . . . , . . , , j wly ll lyn t Aff 10 I"4 Nf'gNJ Ma i I RW RI* g . . . . . . , . . . . . . . . . . . . . , , , , , , , , . . . . . . . June I9 1%4 IWW I" l#9 I 6 ' d' e 8 0rd Wdind I Johnson , , , . . . . . , , , , , , , , , . . . . , , , , , , , , , ,.,,,,,,,,, Avg i 1%e j w ny N It'} lvem espogJ Sa m Wel M Sa br'I . . . . . . .............,#. .., . .. . , ., ......

I r a ft e tt o C ot 'a s'i ol e . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . We Avg I, 19 4 448 I l#' E'tg*ed 4

1.1%8 Ju e W 1969 n t eam e sp. red I he os j I h o m pto n . . . . , . . . . . . . . . . . . , , , , , , , , , , , , , , , , . . , , . , , , , jene ll, lW9 %og 9 % 14 M lhes J N f9 nt e I [Flun . . . . . . . . . . . , ..... , , . . . . . . . . . . . . . . . . . . . , , , %e pt I l%9 j wM h) 19'4 Ielm espsed James R hhieterger. Da rman ,,.... . .., ............,,,,,..AvgI'It'l fen i It'l Ro gaeJ W.llam O Dovt...... , , , . , ,, . , . . . , . , . . . . , , , Avg l? 19tl tag l' iv's u e. y ae d DayLeeRay'...,,,,.,,,,,,, , ,,, ,, , , ,,,,,,,,, , ,,,, Aug y It?} jan 19 Iv't All 4%,4,hed Oa . . . . . . . . . . . . . . . . , . . . . . . ...., . . . . . . . . . . . . . , leb h 1971 Jen 19 14'9 U Oarn E'rma# R hellma n ... . ,,, , . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . june 12 19'I (h Il 14'4 Res fed W dh a m 4 A ndert. . . , , , , , . . . , , , , , , , , , , , , , , , , , , , , ,,,,,,, ,,,,,, Agg g l$7) Jeg ly l$'1 Al( gnohgked

' Del'gasied Dairmafi, F eb k 19?)

A,.R I

A.34.2 TENURE OF OFFICE OF NRC COMMI5510NERS,1975 - Present -

F r om- l a- lt e ma r t e Wilham A. Anders, Chairman Jan.69,1975 Apr. 30.1976 Itemened Mareve A. Rowden len.19.1979 A pe, 30.1976 Chairman Apr. 21.1976 FJoerd A Mason June % 1977 Term Easured Jan 19,l975 Jan. IS,1977 Romaned Vweer Gihneby Jan.69,1975 Rwhard T. Kennedy June 10.1984 Term Empted Ja n.19,1975 June 10,19mo Term E spered Joseph M. Hendrie, Chairman Avs 9,1977 Commismoner I)es. 7.1979' Dec n,1979 Mar. 2. leal Cheerman J no 30,19418 Mar.1 194 8 Term EsprsJ Peter A Bradford Aug IS, l977 llesigned John P. Ahenrae Mat.12. 89s)

July 31,1978 Dee, 7.1979 Chairman Dee.7,19'9 Commiamoner Mar. 2.19A1' Mar 3,1948 June V leny Term Fepared Nummo l Panadino, Chaerman July 1,194l June E 19an Term F spred Thomas M Roherte Aug 3.1941 June V 199tp T erm I' spree James K Aioeletine May II,19n2 #4ne 10,194J' luly 4.1992 f une M,19n 7 Term F pires f rederis t M 8ernthal Aug 4.19nl lune M 19ng Term I agures LanJo W /es h, Jr Jult S,19n4

( hairma n June U 1949' July l, Ivan inne W 19ne Term B- epires henneth M Carr Ave 21,19an Ivne W 1991 Term t spree

.%0M144 TED NOT CU%IIRMID George Merphy 19'6 kent if anton,19 77 Albert Cornesele.1940 On Dec 7,19'9. Jowph M Herwirie es.ased the Chairenanship het remsened as a Commismoner

'(in Mar 1.19nl,lowph M Henisrie reevnied the Chairmanship

'On ()ec 7.19'9. John p Ahestne assumed the Cheermanship

'On Mar 1.1941, l..nn P Ahearne .e. seed she Chairmanship het remained as a Csammisesoner

'liest term e eptred on June W.19mi Thosnee lloberse toot Oath of Orfa e for second term on luly 12. leni

'f ames K Anieleone compiesed Peser A BreJhird e term and ese oppointed to a full fne year term

'On lene 2n. tune lanJo W. lesh le mee nominated by the PreuJent He retened a recese appuntment on July 1 1944 and noch offis e un July 9 1944 On lanwary 1.19mt. the PrenJent resubmieted the nomination to the 99th (innerent for a fwll flee yeer appinentment Ihe Nnele tehtequently conferrRed the nomenett**n and he tesob offNo for the fullI6te year eefm on Mert h h 1949 f)n Igly 1. . Van lanJa W les h Jr estumed the ( hairmanship 9

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BIBLIOGRAPHIC DATA $HEET NUREG-0180

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NUCLE AR RCGULATORY LEG 15LATION g

.m. ,_,, Ma rch 1987

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$4 rah Hotpodor. Compiler . F- '.aa g

April 1937

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tc11slative Library m g,,m ,,,, ,

Of fice of the r.cneral Counsel U.S. Nuclear Regulatory Comistion Washinaton. DC 20555

.. ~ . . ~ , ...o.......-...%.... ..s.. . * . **

Compilat ton of Nuclear

$ame as 1. above. .%le gislatipn

.s. mmb ihrough the 9)th Congress 2nd Settlan

• GNc$tlin to be updated e ery v two yeart (at the end of each Congress) by inserting or dileting material T.m.Tw.e. -

NFlf. J D!J in 4 (ompilation of nuclear regulatory legislation and other relevant Nterlal through the 9)th Congress, .%f Setston. This compflation has teen prepared e

{

use at a retour(e document, which the NRC intends to update at the end of every bjregt.

Contents of NWIG.0M3 Include The Atomic E nery A(t of 1954. as anendeln (nergy Peorgantiation Act of 1974. at amendedt Urantum Mill Tallingt Radiation Control Act of 19786 Lt>w level Ra llosctive Waste Policy Act s Nuclear Wette Polic y Act of 19826 and NRC Authoritation an.f Appropriations Acts. Other materials include,1 are statutet and treattas on e port licenstng, nuclear non prollferatton, and environmental protertlon.

'.. .- ..,............-.....N.. ......1.

Nuclear Peaslatory legislation: Atomic frergy Act6 tner1/ Reorgintia.

tion A(.t 6 N* lear Wat te Policy Ac ti NRC Authort sation an t Appropria. 11ni tmi te d tions Actin *.tatutes, f reatles. A reenents 1 on (sport (f r enting and Nuc lear Nan.Prollferat ion ._ _ _* '.:;.?.,', " "" "' a'

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Unc i a,g g i f l ed_

Nuclear Repletory le JI llat ton rgway, m,-

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