text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/727

 PUBLIC LAW 99-239—JAN. 14, 1986

99 STAT. 1837

SEC. 302. REPORTS.

48 USC 1681

(a) SUBMISSION.—Not later than one year after the date of the enactment of this joint resolution and each five years thereafter, the Secretary of the Interior, in consultation with the Secretary of State, shall submit to the Congress and the President a report on United States noncontiguous Pacific areas policy together with such recommendations as may be necessary to accomplish the objectives of such policy. (b) CONTENTS.—The reports required in subsection (a) of this section shall set forth clearly defined policies regarding United States, and United States associated, noncontiguous Pacific areas, including— (1) the role of and impacts on the noncontiguous Pacific areas in the formulation and conduct of foreign policy; (2) the applicability of standards contained in Federal laws, regulations, and programs to the noncontiguous Pacific areas and any modifications which may be necessary to achieve the intent of such laws, regulations, and programs consistent with the unique character of the noncontiguous Pacific areas; (3) the effectiveness of the Federal executive organizational arrangements for— (A) providing liaison between the Federal Government and the governments of the noncontiguous Pacific areas; (B) coordinating Federal actions in a manner which recognizes the unique circumstances and needs of the noncontiguous Pacific areas; and (C) achieving the objective of Federal policy and ensuring that the Congress receives the information necessary to discharge its responsibilities; and (4) actions which may be needed to facilitate the economic and social health and development of the noncontiguous Pacific areas, consistent with their self-determined objectives. SEC. 303. CONFERENCE.

48 USC 1681

(a) MEETING.—Prior to submitting the reports required under Reports. section 302(b), the Secretary of the Interior, in consultation with the Secretary of State, shall convene a conference to obtain the views of the noncontiguous Pacific areas on the matters required to be addressed in such reports. (b) PARTICIPANTS.—Representatives of each of the noncontiguous Pacific areas; and the heads of all executive departments and agencies, and other public gmd private organizations concerned with the noncontiguous Pacific areas as requested by the Secretary of the Interior shall be entitled to be participants in the conference. (c) WRITTEN COMMENTS.—The Secretary of the Interior shall afford participants in the conference an opportunity to submit written comments for inclusion in the reports required under section 302. SEC. 304. ADMINISTRATIVE MATTERS.

48 USC 1681

(a) ADMINISTRATIVE SUPPORT.—The Secretary of the Interior shall "°*® provide all necessary administrative support to accomplish the requirements of sections 302 and 303. (b) AUTHORIZATION OP APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/728

 99 STAT. 1838

PUBLIC LAW 99-239—JAN. 14, 1986 TITLE IV—CLARIFICATION OF CERTAIN TRADE AND TAX PROVISIONS OF THE COMPACT

48 USC 1681 note. Ante, p. 1820.

President of U.S.

98 Stat. 3020. Tuna fish. Imports. 19 USC 1202.

Prohibitions.

98 Stat. 3020. Ante, p. 1820.

Imports.

SEC. 401. FREELY ASSOCIATED STATES TARIFF TREATMENT.

(a) SECTION 242.—Section 242 of the Compact shall be construed and applied as if it read as follows: "Section 242 "The President shall proclaim the following tariff treatment for articles imported from the Federated States of Micronesia or the Marshall Islands which shall apply during the period of effectivenss of this title: "(1) Unless otherwise excluded, articles imported from the Federated States of Micronesia or the Marshall Islands, subject to the limitations imposed under sections 503(b) and 504(c) of title 5 of the Trade Act of 1974 (19 U.S.C. 2463(b); 2464(c)), shall be exempt from duty. "(2) Only canned tuna provided for in item 112.30 of the Tariff Schedules of the United States that is imported from the Federated States of Micronesia and the Marshall Islands during any calendar year not to exceed 10 percent of the United States consumption of canned tuna during the immediately preceding calendar year, as reported by the National Marine Fisheries Service, shall be exempt from duty; but the quantity of tuna given duty free treatment under this paragraph for any calendar year shall be counted against the aggregate quantity of canned tuna that is dutiable under rate column numbered 1 of such item 112.30 for that calendar year. "(3) The duty-free treatment provided under paragraph (1) shall not apply to— "(A) watches, clocks, and timing apparatus provided for in subpart E of part 2 of schedule 7 of the Tariff Schedules of the United States; "(B) buttons (whether finished or not finished) provided for in item 745.32 of such Schedules; "(C) textile and apparel articles which are subject to textile agreements; and "(D) footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible articles for purposes of chapter V of the Trade Act of 1974 (19 U.S.C. 2461, et seq.) on April 1, 1984. "(4) If the cost or value of materials produced in the customs territory of the United States is included with respect to an eligible article which is a product of the Federated States of Micronesia or the Marshall Islands, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied for duty assessment purposes toward determining the percentage referred to in section 503(b)(2) of title V of the Trade Act of 1974.". (b) SECTION 243.—Section 243 of the Compact shall be construed and applied as if it read as follows: "Section 243 "Articles imported from the Federated States of Micronesia or the Marshall Islands which are not exempt from duty under paragraphs (1), (2), (3), and (4) of section 242 shall be subject to the rates of duty

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 99 Part 2.djvu/729

 PUBLIC LAW 99-239—JAN. 14, 1986

99 STAT. 1839

set forth in column numbered 1 of the Tariff Schedules of the United States and all products of the United States imported into 19 USC 1202. the Federated States of Micronesia or the Marshall Islands shall receive treatment no less favorable than that accorded like products of any foreign country with respect to customs duties or charges of a similar nature and with respect to laws and regulations relating to importation, exportation, taxation, sale, distribution, storage, or use.". SEC. 402. CONSTRUCTION OF SECTION 253 OF THE COMPACT.

48 USC 1681

(a) Subsection (a) of section 253 of the Compact shall not apply. Ante, p. 1820. (b) Subsection (b) of section 253 of the Compact shall apply only to individuals who are nonresidents and not citizens of the United States. SEC. 403. CONSTRUCTION OF SECTION 254 OF THE COMPACT.

48 USC 1681

The relief from liability referred to in the second sentence of section 254(a) of the Compact means only— Ante, p. 1821. (1) relief in the form of the foreign tax credit (or deduction in lieu thereof) available with respect to the income taxes of a possession of the United States, and (2) relief in the form of the exclusion under section 911 of the Internal Revenue Code of 1954. 26 USC 9ii. SEC. 404. CONSTRUCTION OF SECTION 255 OF THE COMPACT.

48 USC 1681

Section 255 of the (Ilompact shall be construed and applied as if it Ante, p. 1821. read as follows: "Section 255

"(a) EXTENSION OF SECTION 936 TO THE MARSHALL ISLANDS AND THE FEDERATED STATES OF MICRONESIA.—For purposes of section 936 of

the Internal Revenue Code of 1954, the Marshall Islands and the Federated States of Micronesia shall be treated as if they were possessions of the United States. "(b) EXCHANGE OF INFORMATION.—Subsection (a) shall not apply to the Marshall Islands and the Federated States of Micronesia (as the case may be) for any period sifter December 31, 1986, during which there is not in effect between the appropriate government and the Ignited States an exchange of information agreement of the kind described in section 274(h)(6)(C) (other than clause (ii) thereof) of the Internal Revenue Code of 1954. "(c) PROCEDURE I F SECTION 936 INCENTIVES REDUCED.—If the tax incentives extended to the Marshall Islands and the Federated States of Micronesia under subsection (a) are, at any time during which the Compact is in effect, reduced, the Secretary of the Treasury shall negotiate an agreement with the Marshall Islands and the Federated States of Micronesia under which, when such agreement is approved by law, they will be provided with benefits substantially equivalent to such reduction in benefits. If, within the 1 year period Eifter the date of the enactment of the Act making the reduction in benefits, an agreement negotiated under the preceding sentence is not approved by law, the matter shall be submitted to the Arbitration Board established pursuant to section 424 of the Compact. For purposes of Article V of Title Two of the Compact, the Secretary of the Treasury or his delegate shall be the member of such Board representing the Government of the United States. Any decision of such Board in the matter when approved by law shall be binding on the United States, except that such decision rendered is binding only as to whether the United States has provided the substantially equivalent benefits referred to in this subsection.".

"

26 USC 936.

26 USC 274. Taxes.

Ante, p. 1828.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/730

 99 STAT. 1840

PUBLIC LAW 99-239—JAN. 14, 1986

48 USC 1681 note.

SEC. 405. THE MARSHALL ISLANDS AND THE FEDER4TED STATES OP MICRONESIA TREATED AS NORTH AMERICAN AREA.

26 USC 274.

For purposes of section 274(h)(3)(A) of the Internal Revenue Code of 1954, the term "North American Area" shall include the Marshall Islands and the Federated States of Micronesia.

48 USC 1681 note.

SEC. 406. EFFECTIVE DATE.

48 USC 1681 note.

Report.

48 USC 1681 note.

This title shall apply to income earned, and transactions occurring, after September 30, 1985, in taxable years ending after such date. SEC. 407. STUDY OF TAX PROVISIONS.

The Secretary of the Treasury or his delegate— (1) shall conduct a study of the effects of the tax provisions of the Compact (as clarified by the foregoing provisions of this title), and (2) shall report the results of such study before October 1, 1987, to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. SEC. 408. COORDINATION WITH OTHER PROVISIONS.

Nothing in any provision of this joint resolution (other than this title) which is inconsistent with any provision of this title shall have any force or effect. TITLE V—COMPACT OF FREE ASSOCMTION WITH PALAU

48 USC 1681 note.

SEC. SOL APPROVAL IN PRINCIPLE.

48 USC 1681 note.

SEC. 502. MODIFICATIONS OF COMPACT.

(a) Subject to subsection (b) of this section. Congress expresses its approval in principle of the Compact of Free Association Between the Government of the United States of America and the Government of the Republic of Palau, the text of which was printed in the Congressional Record of November 14, 1985 on pages SI 5622 through SI 5628, inclusive, and which is also printed as Committee Print No. 4 of the Committee on Interior and Insular Affairs of the House of Representatives of the 99th Congress. (b) A Compact with Palau after it is transmitted to Congress by the President shall take effect only upon^ (1) a certification by the President to the Congress that the President of U.S. Republic of Palau has approved a Compact in accordance with section 411 of the Compact described in subsection (a) and that Ante, p. 1827. the President has determined that the United States will be able to carry out fully its rights and responsibilities under Title Three of the Compact described in subsection (a) and the subsidiary agreements thereto; and (2) enactment by the Congress of a joint resolution approving a compact and providing for its implementation.

Ante, pp. 1791, 1835.

Title IV and Sections 105(b), 105(c), 105(h)(l), 105(1), and 202 of this joint resolution shall apply to a compact with Palau, except that any reference in such sections to the (Compact shall be treated as referring to the Compact described in section 501 of this joint

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Page:United States Statutes at Large Volume 99 Part 2.djvu/731

 PUBLIC LAW 99-239—JAN. 14, 1986

99 STAT. 1841

resolution, and any reference in such Title and sections to the Federated States of Micronesia or the Marshall Islands shall be treated as referring to the Republic of Palau. For purposes of applying section 242(2) of the Compact, the annual 10 percent limitation on duty-free imports of canned tuna applies to imports from the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. Approved January 14, 1986.

¥lLt*

LEGISLATIVE HISTORY—H.J. Res. 187 (S.J. Res. 77): HOUSE REPORTS: No. 99-188, Pt. I (Comm. on Foreign Affairs), Pt. II (Comm. on Interior and Insular Affairs), Pt. Ill (Comm. on Merchant Marine and Fisheries), and Pt. IV (Comm. on Ways and Means). SENATE REPORT No. 99-16 accompanying S.J. Res. 77 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 131 (1985): July 25, considered and passed House. Oct. 2, Nov. 14, S.J. Res. 77 considered in Senate. Nov. 14, H.J. Res. 187 considered and passed Senate, amended, in lieu of S.J. Res. 77. Dec. 11, House agreed to Senate amendments with amendment. Dec. 13, Senate concurred in House amendment.

Ante, p. 1840. Ante, p. 1820.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/732

 99 STAT. 1842

PUBLIC LAW 99-240—JAN. 15, 1986

Public Law 99-240 99th Congress An Act Jan.15, 1986 [H.R. 1083]

State and local governments. Low-Level Radioactive Waste Policy Amendments Act of 1985. 42 USC 2021b note.

To amend the Low-Level Radioactive Waste Policy Act to improve procedures for the implementation of compacts providing for the establishment and operation of regional disposal facilities for low-level radioactive waste; to grant the consent of the Congress Ur certain interstate compacts on low-level radioactive waste; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS ACT OF 1985 SEC. 101. SHORT TITLE.

This Title may be cited as the "Low-Level Radioactive Waste Policy Amendments Act of 1985". SEC. 102. AMENDMENT TO THE LOW-LEVEL RADIOACTIVE WASTE POLICY ACT.

42 USC

2021b-2021d, 2021b note.

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

42 USC 2021b note.

"SECTION 1. SHORT TITLE.

42 USC 2021b.

"SEC. 2. DEFINITIONS.

"This Act may be cited as the 'Low-Level Radioactive Waste Policy Act'. "For purposes of this Act: "(1) AGREEMENT 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 low-level radioactive waste under such agreement. "(2) ALLOCATION.—The term 'allocation' means the assignment of a specific amount of low-level radioactive waste disposal capacity to a commercial nuclear power reactor for which access is required to be provided by sited States subject to the conditions 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) COMPACT.—The term 'compact' means a compact entered into by two or more States pursuant to this Act. .-^'t&.MSflSfilv

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 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1843

"(5) COMPACT COMMISSION.—The term 'compact commission' means the regional commission, committee, or board established 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) DISPOSAL.—The term 'disposal' means the permanent isolation of low-level radioactive waste pursuant to the requirements established by the Nuclear Regulatory Commission under applicable laws, or by an agreement State if such isolation occurs in such agreement State. "(8) GENERATE.—The term 'generate', when used in relation to low-level radioactive waste, means to produce low-level radioactive waste. "(9) LOW-LEVEL RADIOACTIVE WASTE.—The term 'low-level radioactive waste' means radioactive material that— "(A) is not high-level radioactive waste, spent nuclear fuel, or b5T)roduct material (as defined in section lle.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2))); and "(B) the Nuclear Regulatory O>mmission, consistent with existing law and in accordance with paragraph (A), classifies as low-level radioactive waste. "(10) NON-SITED COMPACT REGION.—The term 'non-sited compact region' means any compact region that is not a sited compact region. "(11) REGIONAL DISPOSAL FACILITY.—The term ' r ^ o n a l disp(^al facility' means a non-Federal low-level radioactive waste disposal facility in operation on January 1, 1985, or sul^equently established and operated under a compact. "(12) SECRETARY.—The term 'Secretary' means the Secretary of Energy. "(13) SITED COMPACT REGION.—The term 'sited compact r ^ o n ' means a compact region in which there is located one of the regional disposal facilities at Barnwell, in the State of South Carolina; Richland, in the State of Washington; or Beatty, in the State of Nevada. "(14) STATE.—The term 'State' means any State of the United States, the District of Columbia, and the (Commonwealth of Puerto Rico.

South Carolina. Washington. Nevada.

"SEC. 3. RESPONSIBILITIES FOR DISPOSAL OF LOW-LEVEL RADIOACTIVE 42 USC 2021c. WASTE. "SECTION 3(a)(l) STATE RESPONSIBILITIES.—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, (jode of Federal Regulations, as in effect 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

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Page:United States Statutes at Large Volume 99 Part 2.djvu/734

 99 STAT. 1844 Research and development.

Post, pp. 1846, 1855.

Vessels.

Research and development.

Health. Safety. 42 USC 2011 note. Report.

PUBLIC LAW 99-240—JAN. 15, 1986

"(iii) owned or generated as a result of any research, development, testing, or production of any atomic weapon; and "(C) low-level radioactive waste described in subparagraphs (A) and (B) that is generated outside of the State and accepted for disposal in accordance with sections 5 or 6. "(2) No regional disposal facility may be required to accept for disposal any material— "(A) that is not low-level radioactive waste as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983, or "(B) identified under the Formerly Utilized Sites Remedial Action Program. Nothing in this paragraph shall be deemed to prohibit a State, subject to the provisions of its compact, or a compact region from accepting for disposal any material identified in subparagraph (A) or (B). "(b)(1) The Federal Government shall be responsible for the disposal of— "(A) low-level radioactive waste owned or generated by the Department of Energy; ' (B) low-level radioactive waste owned or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy; "(C) low-level radioactive waste owned or generated by the Federal Government as a result of any research, development, testing, or production of any atomic weapon; and "(D) any other low-level radioactive waste with concentrations of radionuclides that exceed the limits established by the Commission for class C radioactive waste, as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983. "(2) All radioactive waste designated a Federal responsibility pursuant to subparagraph (b)(l)(D) that results from activities licensed by the Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended, shall be disposed of in a facility licensed by the Nuclear Regulatory Commission that the Commission determines is adequate to protect the public health and safety. "(3) Not later than 12 months after the date of enactment of this Act, the Secretary shall submit to the Congress a comprehensive report setting forth the recommendations of the Secretary for ensuring the safe disposal of all radioactive waste designated a Federal responsibility pursuant to subparagraph (b)(l)(D). Such report shall include— "(A) an identification of the radioactive waste involved, including the source of such waste, and the volume, concentration, and other relevant characteristics of such waste; "(B) an identification of the Federal and non-Federal options for disposal of such radioactive waste; "(C) a description of the actions proposed to ensure the safe disposal of such radioactive waste; (D) a description of the projected costs of undertaking such actions; "(E) an identification of the options for ensuring that the beneficiaries of the activities resulting in the generation of such radioactive wastes bear all reasonable costs of disposing of such wastes; and i x."*^^--s^^-»

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Page:United States Statutes at Large Volume 99 Part 2.djvu/735

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1845

"(F) an identification of any statutory authority required for disposal of such waste. "(4) The Secretary may not dispose of any radioactive waste designated a Federal responsibility pursuant to paragraph (b)(l)(D) that becomes a Federal responsibility for the first time pursuant to such paragraph until ninety days after the report prepared pursuant to paragraph (3) has been submitted to the Congress. "SEC. 4. REGIONAL COMPACTS FOR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.

Prohibition. Report.

42 USC 2021d.

"(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 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 operation of regional disposal facilities for low-level radioactive waste. "Oa) APPLICABILITY TO FEDERAL ACTIVITIES.— "(1) IN GENERAL.— "(A) ACTIVITIES OF THE SECRETARY.—Except as provided in

Ante, p. 1843.

Prohibition.

subparagraph (B), no compact or action taken under a compact shall be applicable to the transportation, management, or disposal of any low-level radioactive waste designated in section 3(a)(l)(B)(i)-(iii). "(B) FEDERAL LOW-LEVEL RADIOACTIVE WASTE DISPOSED OF

AT NON-FEDERAL FACiliTiES.—Low-level radioactive waste 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, regulations, requirements, fees, taxes, and surcharges imposed by the compact commission, and by the State in which such facility is located, in the same manner and to the same extent as any low-level radioactive waste not generated by the Federal Government. "(2) FEDERAL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILI-

Prohibition.

TIES.—Any low-level radioactive waste disposal facility established or operated exclusively for the disposal of low-level radioactive waste owned or generated by the Federal Government shall not be subject to any compact or any action taken under a compact. "(3) EFFECT OF COMPACTS ON FEDERAL LAW.—Nothing con- Prohibition. tained in this Act or any compact may be construed to confer any 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 regulations of the Department of Transportation; "(B) to regulate health, safety, or environmental hazards Health. from source material, byproduct material, or specigd nu- Safety. Pollution. clear material; "(C) to inspect the facilities of licensees of the Nuclear Regulatory Commission;

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Page:United States Statutes at Large Volume 99 Part 2.djvu/736

 99 STAT. 1846 Government organization and employees.

28 USC 2671 et seq.

Prohibition.

Prohibition. Prohibition.

42 USC 2021e.

PUBLIC LAW 99-240—JAN. 15, 1986 ^ ^

"(D) to inspect security areas or operations at the site of the generation of any low-level radioactive waste by the 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 referred to as the Federal Tort Claims Act), or section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly referred to as the Price-Anderson Act), whichever is applicable. "(4) FEDERAL AUTHORITY.—Except as expressly provided in

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 agency, or to alter, amend, or otherwise affect any Federal law governing the judicial review of any action taken pursuant to any compact. "(5) STATE AUTHORITY PRESERVED.—Except as expressly provided in this Act, nothing contained in this Act expands, diminishes, or otherwise affects State law. "(c) RESTRICTED U S E OP REGIONAL DISPOSAL FACILITIES.—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) CONGRESSIONAL REVIEW.—Each compact shall provide that every 5 years after the compact has taken effect the Congress may by law withdraw its consent. "SEC. 5. LIMITED AVAILABILITY OF CERTAIN REGIONAL DISPOSAL FACILITIES DURING TRANSITION AND LICENSING PERIODS. "(a) AVAILABILITY OF DISPOSAL CAPACITY.— "(1) PRESSURIZED-WATER AND BOIUNG WATER REACTORS.—

During the seven-year period beginning January 1, 1986 and ending December 31, 1992, subject to the provisions of subsections (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 pressurized water and boiling water commercial nuclear power reactors in accordance with the allocations established in subsection (c). "(2) OTHER SOURCES OF LOW-LEVEL RADIOACTIVE WASTE.—

During the seven-year period beginning January 1, 1986 and ending December 31, 1992, subject to the provisions of subsections (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 any source not referred to in paragraph (1). "(3) ALLOCATION OF DISPOSAL 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

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 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1847

referred tx) in p a r a ^ a p h s (1) through (3) of subsection (b) and located in the sited compact region in which such waste is generated. "(B) Any State in which a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) is located may, subject to the provisions'of its compact, prohibit the disposal at such facility of low-level radioactive waste generated outside of the compact region if the disposal 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 lowlevel radioactive waste in excess of 100 per centum of the average annual volume for such facility designated in subsection (b): Provided, however. That in the event that all three States in which regional disposal facilities referred to in paragraphs (1) through (3) of subsection Oa) 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 necessary, 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 subsection (b). "(4)

CESSATION OF OPERATION OF LOW-LEVEL RADIOACTIVE

WASTE DISPOSAL FACiliTY.—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-level radioactive waste from any source in the event that the regional disposal facility located in such State ceases operations. "0)) LIMITATIONS.—The availability of disposal capacity for lowlevel radioactive waste from any source shall be subject to the following limitations: "(1) BARNWELL, SOUTH CAROUNA.—The State of South Carolina, in accordance with the provisions of its compact, may limit the volume of low-level radioactive waste accepted for disposal at 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) RICHLAND, WASHINGTON.—The State of Washington, in accordance with the provisions of its compact, may limit the volume of low-level radioactive waste accepted for disposal at the regional disposal 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 of low-level radioactive waste). "(3) BEATTY, NEVADA.—The State of Nevada, in accordance with the provisions of its compact, may limit the volume of lowlevel radioactive waste accepted for disposal at the regional disposal facility located at Beatty, Nevada to a total of 1,400,000

Prohibition.

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 99 STAT. 1848

PUBLIC LAW 99-240—JAN. 15, 1986 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 200,000 cubic feet of lowlevel radioactive waste). "(c) COMMERCIAL NUCLEAR POWER REACTOR ALLOCATIONS.—

"(1) AMOUNT.—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 b ^ i n n i n g January 1, 1990, and ending December 31, 1992, in an amount calculated by multipl3ring 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 "Reactor Type

PWR BWR

3-year Licensing Period

In Sited Region

All Other Locations

In Sited R^on

All Other Locations

1027 2300

871 1951

934 2091

685 1533

"(2) METHOD OP CALCULATION.—For purposes of calculating 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 ALLOCATIONS.—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 ite 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 disp(»al facility in the compact region or State in which such reactor is located, whichever occurs first. "(4) TRANSFERABILITY.—Any commercial nuclear power reactor in a State or compact region 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 veduable 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 capacity being assigned. (5) UNUSUAL VOLUMES.—

"(A) The Secretary may, upon petition by the owner or 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 additional capacity available for such reactor through this

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/739

 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 radioactive 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 weiste generated by commercial nuclear power reactors. "(d)(1) SURCHARGES.—The disposal of any low-level radioactive waste under this section (other than low-level radioactive waste generated 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 facility involved. Except as provided in subsection (e)(2), such surcharges Prohibition. slid.ll not^ GxcGGd—~ "(A) in 1986 and 1987, $10 per cubic foot of low-level radio"(B) in 1988 and 1989, $20 per cubic foot of low-level radio"(C) in 1990, 1991, and 1992, $40 per cubic foot of low-level radioactive waste. "(2) MILESTONE INCENTIVES.— "(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 Secretary shall 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 "(ii) paid to the State collecting such fees in accordance with subparagraph (F). "(B) PAYMENTS.—

"(i) JULY i, 1986.—The twenty-five per centum of any amount collected by a State under paragraph (1) for lowlevel radioactive waste disposed of under this section during the period beginning on the date of enactment of the LowLevel Radioactive Waste Policy Amendments Act of 1985 Ante, 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 described in subsection (e)(1)(A) is met by the State in which such waste originated. "(ii) JANUARY i, 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-

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Page:United States Statutes at Large Volume 99 Part 2.djvu/740

 STAT. 1850

PUBLIC LAW 99-240—JAN. 15, 1986 ber 31, 1987, and transferred to the Secretary under subparagraph (A), shall be paid by the Secretary in accordance with subparagraph (D) if the milestone described in subsection (e)(l)(B) is met by the State in which such waste originated (or its compact region, where applicable). "(iii) JANUARY i, 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 accordance with subparagraph (D) if the milestone described in subsection (e)(l)(C) is met by the State in which such waste originated (or its compact region, where applicable). "(iv) The twenty-five per centum of any amount collected by a State under p a r s ^ a p h (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 subparagraph (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)

FAILURE TO MEET JANUARY i, 1993

DEADLINE.—If,

by

Jgmuary 1, 1993, a State (or, where applicable, a compact region) 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 the 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 consequence 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 shipment; or (ii) if such State elects not to take title to, take possession 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 generator from whom such surcharge was collected. Repayments 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 required 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 generated is able to provide for the disposal of all such waste generated within such State or compact region or until January 1, 1996, whichever is earlier. If a State in which low-level radioactive waste is generated elects to take title to, take possession of, and assume liability for

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text:
Page:The Yellow Book - 06.djvu/302

 "My possessions are pitiable," I said, "but they are all yours. I give all to save him."

"Fool, fool!" she cried. "I have no need of gear. If I but raise my hand, all the riches of the world fall to me. Tis not what I wish for."

Into her eyes came such a glitter as the moon makes on the moist skin of a sleeping snake. The firmness of her lips relaxed; they grew child-like in their softness. The atmosphere became almost tangible: I could scarce breathe.

"What is it? All that I can do, if it be no sin."

"Come with me to my loom," she said, "and if you do the thing I desire you shall see him. There is no evil in't—in past times kings have sighed for the same."

So I followed slowly to the loom, before which she had seated herself, and watched her deftly passing crimson thread over crimson thread.

She was silent for a space, and in that space her beauty fascinated me, so that I was no longer master of myself.

"What you wish for I will give, even if it be life."

The loom ceased. "A kiss of the mouth, and you shall see him who passed in the night."

She clasped her arms about my neck and pressed my lips. For one moment heaven and earth ceased to be; but there was one paradise, where we were sole governours. . . ..

Then she moved back and drew aside the web and shoved me the head of my Master, and the bleeding heart whence a crimson cord unravelled into many threads.

"I wear men's lives," the woman said. "Life is necessary to me, or even I—who have existed from the beginning—must die. But yesterday I feared the end, and he came. His soul is not dead—'tis truth that it plays with my culvers." I fell

title: Page:The Yellow Book - 06.djvu/302


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/741

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1851

such waste pursuant to clause (i), such State shall be paid such amounts as are designated in subparagraph (B)(iv). 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, 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): Provided, however, That such payment 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 weiste. If a State (or, where applicable, a compact region) 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 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; member of the compact region, to the compact commission serving such State. "(E) USES OF PAYMENTS.—
 * '(ii) if the State in which such waste originated is a

"(i) LIMITATIONS.—Any amount paid under subparagraphs (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; "(III) 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) REPORTS.—

"(I) RECIPIENT.—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) DEPARTMENT OF ENERGY.—Not later than six Reports, months after receiving the reports under subclause (I), the Secretary shall submit to the Congress a summary of all such reports that shall include an assessment of the compliance of each such State or compact commission with the requirements of clause (i).

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Page:United States Statutes at Large Volume 99 Part 2.djvu/742

 99 STAT. 1852

Prohibition.

PUBLIC LAW 99-240—JAN. 15, 1986 "(F) PAYMENT TO STATES.—Any amount collected by a State under paragraph (1) that is placed in escrow under subparagraph (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 determination of ineligibility for a refund is made. "(G) PENALTY SURCHARGES.—No rebate shall be made under this subsection of any surcharge or penalty surcharge paid during a period of noncompliance with subsection (e)(D-

"(e) REQUIREMENTS FOR ACCESS TO REGIONAL DISPOSAL FACILITIES.— "(1) REQUIREMENTS FOR NON-SITED COMPACT REGIONS AND NONMEMBER STATES.—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 legislation 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 State in which its low-level radioactive waste disposal facility is to be located, or shall have selected the developer for such facility and the site to be developed, and each compact region or the State in which its lowlevel radioactive waste disposal facility is to be located shall develop a siting plan for such facility providing detailed procedures and a schedule for establishing a facility location and preparing a facility license application and shall delegate authority to implement such 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 low-level radioactive waste disposal facility and shall delegate authority to implement such plan; and "(iii) The siting plan required pursuant to this paragraph shall include a description of the optimum way to attain operation of the low-level radioactive waste disposal facility involved, within the time period specified in this Act. Such plan shall include a description of the objectives and a sequence of deadlines for all entities 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 completion, of such activities will cause a delay in beginning facility operation. Such plan shall also identify, to the extent practicable, the process for (1) screening for broad siting areas; (2) identifying and evaluating specific candidate sites; and (3) characterizing the preferred site(s), completing all necessary environmental assessments, and preparing a license application for

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Page:United States Statutes at Large Volume 99 Part 2.djvu/743

 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 Governor, 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 mancigement 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 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. "(E) The Nuclear Regulatory Commission shall transmit any certification received under subparagraph (C) to the Congress and publish any such certification in the Federal Register. "(F) Any State may, subject to all applicable provisions, if any, of any applicable compact, enter into an agreement with the compact commission of a region in which a regional disposal facility is located to provide for the disposal of all low-level radioactive waste generated within such State, and, by virtue of such agreement, may, with the approval of the State in which the regional disposal facility is located, be deemed to be in compliance with subparagraphs (A), (B), (C), and (D). '(2) PENALTIES FOR FAILURE TO COMPLY.—

"(A) BY JULY 1, 1986.—If any State fails to comply with subparagraph (1)(A)— "(i) any generator of low-level radioactive waste within such region or non-member State shall, for the period beginning July 1, 1986, and ending December 31, 1986, be charged 2 times the surcharge otherwise applicable under subsection (d); and "(ii) on or after January 1, 1987, any low-level radioactive waste generated within such region or nonmember 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 (1)(B)-

Federal Register, publication.

Contracts.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/744

 99 STAT. 1854

Prohibition.

PUBLIC LAW 99-240—JAN. 15, 1986 "(i) any generator of low-level radioactive waste within such region or non-member State shall— "(I) for the period beginning January 1, 1988, and ending June 30, 1988, be charged 2 times the surcharge otherwise applicable under subsection (d); and "(II) 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 radioactive waste generated within such region or nonmember State may be denied access to the regional disposal facilities referred to in paragraphs (1) through (3) of subsection flt)). "(C) BY JANUARY 1, 1990.—If any non-sited compact region or non-member State fails to comply with paragraph (I)(C), any low-level radioactive 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). "(D) BY JANUARY 1, 1992.—If any non-sited compact region or non-member State fails to comply with paragraph dXD), 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 (I)(D), be charged 3 times the surcharge otherwise applicable under subsection (d). "(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 OF SUSPENDED ACCESS; PENALTIES FOR FAIL-

Termination.

URE TO COMPLY.—Any access to a regional disposal facility that is suspended under paragraph (2) shall be restored after the non-sited compact region or non-member State involved complies with such requirement. Any payment of surcharge penalties pursuant to paragraph (2) for failure to comply with the requirements of subsection (e) shall be terminated after the nonsited compact region or non-member State involved complies with such requirements. "(fKD ADMINISTRATION.—Each State and compact commission in which a regional disposal facility referred to in paragraphs (1) through (3) of subsection (b) is located shall have authority— "(A) to monitor compliance with the limitations, allocations, and requirements established in this section; and "(B) to deny access to any non-Federal low-level radioactive waste disposal facilities within its borders to any low-level radioactive waste that— "(i) is in excess of the limitations or allocations established in this section; or "(ii) is not required to be accepted due to the failure of a compact region or State to comply with the requirements of subsection (e)(D. "(2) AVAILABILITY OF INFORMATION DURING INTERIM ACCESS PERIOD.—

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Page:United States Statutes at Large Volume 99 Part 2.djvu/745

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1855

"(A) The States of South Carolina, Washington, and Nevada may require information from disposal facility operators, generators, intermediate handlers, and the Department of Energy that is reasonably necessary to monitor the availability of disposal capacity, the use and assignment of allocations and the applicability of surcharges. "(B) The States of South Carolina, Washington, and Nevada may, after written notice followed by a period of at least 30 days, deny access to disposal capacity to any generator or intermediate handler who fails to provide information under subparagraph (A).

South Carolina. Washington. Nevada.

South Carolina. Washington. Nevada.

"(C) PROPRIETARY 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 wron^ul 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 possession of information under this subsection, the individual shall be subject to the same provisions of law with respect to the disclosure of such information as would apply to an officer or employee of the United States or of any department or agency thereof and the State shall be subject to the same provisions of law 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) NONDISCRIMINATION.—Except as provided in subsections (b) through (e), low-level radioactive waste disposed of under this section shall be subject without discrimination to all applicable legal requirements of the compact region and State in which the disposal facility is located as if such low-level radioactive waste were generated within such compact region.

Prohibition. Government organization and employees. Commerce and trade.

"SEC. 6. EMERGENCY ACCESS.

42 USC 2021f.

"(a) IN GENERAL.—The Nuclear Regulatory Commission may grant emergency access to any regional disposal facility or nonFederal disposal facility within a State that is not a member of a compact for specific low-level radioactive waste, if necessary to eliminate an immediate and serious threat to the public health and safety or the common defense and security. The procedure for granting emergency access shall be as provided in this section.

Health. Safety. Defense and national security.

"(b) REQUEST FOR EMERGENCY ACCESS.—Any generator of low-level

radioactive waste, or any Governor (or, for any State without a Governor, the chief executive officer of the State) on behalf of any generator or generators located in his or her State, may request that

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Page:United States Statutes at Large Volume 99 Part 2.djvu/746

 99 STAT. 1856

PUBLIC LAW 99-240—JAN. 15, 1986

the Nuclear Regulatory Commission grant emergency access to a regional disposal 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 contain any information and certifications the Nuclear Regulatory Commission may require. Health. Safety. Defense and national security.

Ante, p. 1846.

Prohibition.

Health. Safety. Defense and national security.

Health. Safety. Defense and national security.

"(c) DETERMINATION OF NUCLEAR REGULATORY COMMISSION.— "(1) REQUIRED DETERMINATION.—Not later than 45 days after

receiving a request under subsection (b), the Nuclear Regulatory Commission shall determine whether— "(A) emergency access is necessary because of an immediate and serious threat to the public health and safety or the common defense and security; and "(B) the threat cannot be mitigated by any alternative consistent with the public health and safety, including storage of low-level radioactive waste at the site of generation or in a storage facility obtaining access to a disposal facility by voluntary agreement, purchasing disposal capacity available for assignment pursuant to section 5(c) or ceasing activities that generate low-level radioactive waste. "(2) REQUIRED NOTIFICATION.—If the Nuclear Regulatory Commission makes the determinations required in paragraph (1) in the affirmative, it shall designate an appropriate nonFederal disposal facility or facilities, and notify the Governor (or chief executive officer) of the State in which such facility is located and the appropriate compact commission that emergency access is required. Such notification shall specifically describe the low-level radioactive waste as to source, physical 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 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. "(d) TEMPORARY EMERGENCY ACCESS.—Upon determining that emergency access is necessary because of an immediate and serious threat to the public health and safety or the common defense and security, the Nuclear Regulatory Commission may at its discretion 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. "(e) EXTENSION OF EMERGENCY ACCESS.—The Nuclear Regulatory Commission may grant one extension of emergency access beyond the period provided in subsection (c), if it determines that emergency access continues to be necessary because of an immediate and serious threat to the public health and safety or the common defense and security that cannot be mitigated by any alternative consistent with the public health and safety, and that the generator of low-

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Page:United States Statutes at Large Volume 99 Part 2.djvu/747

 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 diligently 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 duration the Nuclear Regulatory Commission finds necessary to eliminate the immediate threat to public health and safety or the common defense and security, and shall not in any event exceed 180 days. "(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 radioactive waste granted emergency access was generated. The compact commission or State having authority to approve importation of lowlevel radioactive waste to the disposal facility to which emergency access was granted shall designate for reciprocal access an equal volume of low-level radioactive waste having similar characteristics to that provided emergency access. "(g) APPROVAL BY COMPACT COMMISSION.—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 such 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 days after receiving notification from the appropriate authority under subsection (f). "(h) LIMITATIONS.—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 established by the license or license agreement of such facility, or in excess 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 shall, during any 12-month period, be required to provide emergency or reciprocal access to any regional disposal facility within its borders for more than 20 percent of the total volume of low-level radioactive waste accepted for disposal at such facility during the previous calendar year. "(i) VOLUME REDUCTION AND SURCHARGES.—Any low-level radioactive waste delivered for disposal under this section shall be reduced in volume to the maximum extent practicable and shall be subject to surcharges established in this Act. "(j) DEDUCTION FROM ALLOCATION.—Any volume of low-level radioactive waste granted emergency or reciprocal access under this section, if generated by any commercial nuclear power reactor, shall be deducted from the low-level radioactive waste volume allocable under section 5(c). Ante, p. 1846. "(k) AGREEMENT 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 this section.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/748

 99 STAT. 1858 42 USC 2021g.

Science and technology. Transportation. Health. Safety.

Science and technology. Transportation.

42 USC 2021h.

Ante, p. 1842.

PUBLIC LAW 99-240—JAN. 15, 1986

"SEC. 7. RESPONSIBILITIES OF THE DEPARTMENT OF ENERGY.

"(a) FINANCIAL AND TECHNICAL ASSISTANCE.—The Secretary shall, to the extent provided in appropriations Act, provide to those compact regions, host States, and nonmember States detemined by the Secretary to require assistance for purposes of carrying out this Act— "(1) continuing technical assistance to assist them in fulfilling their responsibilities under this Act. Such technical assistance shall include, but not be limited to, technical guidelines for site selection, alternative technologies for low-level radioactive waste disposal, volume reduction options, management techniques 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 database 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. "(b) REPORTS.—The Secretary shall prepare and submit to the Congress on an annual basis a report which (1) summarizes the progress of low-level waste disposal siting and licensing activities within each compact region, (2) reviews the available volume reduction technologies, their applications, effectiveness, and costs on a per 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 proportion 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. "SEC. 8. ALTERNATIVE DISPOSAL METHODS.

"(a) Not later than 12 months after the date of enactment of the 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 disposal 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 Low-Level Radioactive Waste Policy Amendments Act of 1985, the Commission shall, in consultation with the States and other interested persons, identify and publish all relevant technical information regarding the methods identified pursuant to subsection (a) that a State or compact must provide to the Commission in order to pursue such methods, together with the technical requirements that such facilities must meet, in the judgment of the Commission, if pursued as an alternative to shallow land burial. Such technical information and requirements shall include, but need not be limited to, site suitability, site design, facility operation, 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-

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Page:United States Statutes at Large Volume 99 Part 2.djvu/749

 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. •SEC. 9. LICENSING REVIEW AND APPROVAL.

42 USC 20211.

"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-Level Radioactive Waste Policy Amendments Act of 1985, establish procedures and develop the technical capability Ante, p. 1842. for processing applications for such licenses; "(2) to the extent practicable, complete all activities associated with the review and processing of any application for such a license (except for public hearings) no later than 15 months sifter the date of receipt of such application; and "(3) to the extent practicable, consolidate all required technical and environmental reviews and public hearings. "SEC. 10. RADIOACTIVE WASTE BELOW REGULATORY CONCERN.

42 USC 2021J.

"(a) Not later 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 capabiHty for considering and acting upon petitions to exempt specific radioactive waste streams from regulation by the Commission due to the presence of radionuclides in such waste streams in sufficiently low concentrations or quantities as to be below r^ulatory concern. "(b) The standards and procedures established by the Commission pursuant to subsection (a) shall set forth all information required to be submitted to the Commission by licensees in support of such petitions, including, but not limited to— "(1) a detailed description of the waste materials, including their origin, chemical composition, physical state, volume, and mass; and "(2) the concentration or contamination levels, half-lives, and Health. Safety. identities of the radionuclides present. Such standards and procedures shall provide that, upon receipt of a Regulation. petition to exempt a specific radioactive waste stream from regulation by the Commission, the Commission shall determine in an expeditious 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 r^ulation of a radioactive waste stream is not necessary to protect the public health and safety, the Commission shall taJte such steps as may be necessary, in an expeditious manner, to exempt the disposal of such radioactive waste from regulation by the Commission.". TITLE II—OMNIBUS LOW-LEVEL RADIOACTIVE WASTE INTERSTATE COMPACT CONSENT ACT SEC. 201. SHORT TITLE.

This Title may be cited as the "Omnibus Low-Level Radioactive Waste Interstate Compact Consent Act".

Omnibus LowLevel Radioactive Waste Interstate Compact Consent Act. 42 USC 2021d note.

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/750

 99 STAT. 1860

PUBLIC LAW 99-240—JAN. 15, 1986 Subtitle A—General Provisions

42 USC 2021d note.

SEC. 211. CONGRESSIONAL FINDING.

Infra.

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

42 USC 2021d note.

SEC. 212. CONDITIONS OF CONSENT TO COMPACTS.

Effective date.

42 USC 2021d note.

The consent of the Congress to each of the compacts set forth in subtitle B— (1) shall become effective on the date of the enactment of this Act; (2) is granted subject to the provisions of the Low-Level Radioactive Waste Policy Act, as amended; and (3) is granted only for so long as the regional commission, committee, or board established in the compact complies with all of the provisions of such Act. 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 10year period 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 note.

SEC. 221. NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT.

Alaska. Hawaii. Idaho. Montana. Oregon. Utah. Washington. Wyoming.

The consent of Congress is hereby given to the states of Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming to enter into the Northwest Interstate Compact on Low-level Radioactive Waste Management, and to each and every part and article thereof. Such compact reads substantially as follows: "NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT ARTICLE I—POLICY AND PURPOSE

Health. Safety.

"The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens 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 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 continuing basis. It is the purpose of this compact to provide the means for such a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states' economies will be enhanced while sharing the responsibilities of radioactive low-level waste management.

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/751

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1861

ARTICLE II—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 lowlevel waste, excluding federal waste facilities; "(2) 'Low-level waste' means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, 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 any 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 III—REGULATORY PRACTICES

"Each party state hereby agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the applicable packaging and transportation requirements and regulations 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 type of container authorized by the state; (4) Assurance that inspections of the carriers which transport such waste are conducted by proper authorities, and appropriate enforcement action taken for violations; "(.5) After receiving notification from a host state that a 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 article. Nothing in this article shall be construed to limit any party state's authority to impose additional or more stringent standarcfe on generators or carriers than those required under this article. "ARTICLE IV—REGIONAL FACILITIES

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

Transportation.

Transportation.

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/752

 99 STAT. 1862

Regulations.

Health. Safety.

Hazardous materials. Washington. Oregon. Idaho. Prohibition.

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, except as provided in article V. "(3) Until such time as paragraph (2) of article IV takes effect, facilities located in any party state may accept low-level waste 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 at least the following: "(A) The generator's name and address; "(B) A description of the contents of the low-level waste container. "(C) A statement that the low-level waste being shipped has been inspected by the official who issued the certificate 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 additional 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. "(4) Each party state shall cooperate with the other party states in 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 minimizing 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 waste management facilities in their region will be reached through a good faith process which takes into account the burdens borne by each of the party states as well as the benefits each has received. "(5) The party states recognize that the issue of hazardous chemical waste management is similar in many respects to that of lowlevel waste management. Therefore, in consideration of the State of Washington allowing access to its low-level waste disposal facility by generators in other party states, party states such as Oregon and 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 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 requirements related to its facility, to assure that closure, perpetual care, and maintenance and contingency requirements are met, including adequate bonding. ARTICLE V—NORTHWEST LOW-LEVEL WASTE COMPACT COMMITTEE

"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 together comprise the northwest low-level waste compact committee. The committee shall meet as required to consider matters arising under this compact.

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Page:The Yellow Book - 06.djvu/303

 I fell back.

"Another kiss," she said. "Unless I wish, there is no escape for you. Yet you may return to your home, though my power over you shall never wane. Once more—lip to lip."

I crouched against the wall like a terrified dog. She grew angry; her eyes darted fire.

"A kiss," she cried, "for the penalty!"

My poor Master s head, ugly and cadaverous, glared from the loom. I could not move.

The Crimson Weaver lifted her skirt, uncovering feet shapen as those of a vulture. I fell prostrate. With her claws she fumbled about the flesh of my breast. Moving away she bade me pass from her sight. . . ..

So, half-dead, I lie here at the Manor of the Willow Brakes, watching hour by hour the bloody clew ever unwinding from my heart and passing over the western hills to the Palace of the Siren.

title: Page:The Yellow Book - 06.djvu/303


text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/753

 PUBLIC LAW 99-240—JAN. 15, 1986

99 STAT. 1863

The parties shall inform the committee of existing regulations Regulations. 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. Notwithstanding any provision of article IV to the contrary, the committee may enter into arrangements with states provinces, individual generators, 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- However, 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 arrangement. ARTICLE VI—ELIGIBLE PARTIES AND EFFECTIVE DATE

"(1) Each of the following states is eligible to become a party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to any eligible party, this compact shall become effective upon enactment into law by that party, but it shall not become initially effective until enacted into law by two (2) states. Any party state may withdraw from this compact by enacting a statute repealing its approval. "(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 execution 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 a statute by that state. "(3) Paragraph (2) of article IV of this compact shall take effect on July 1, 1983, if consent is given by Congress. As provided in public law 96-573, Congress may withdraw its consent to the compact after every five (5) year period.

Alaska. Hawaii. Idaho. Montana. Oregon. Utah. Washington. Wyoming. Effective date.

Effective date. 42 USC 2021b note.

ARTICLE Vn—SEVERABILITY

"If any provision of this compact, or its application to any person or circumstances, is held to be invalid, all other provisions of this compact, and the application of all of its provisions to all other persons and circumstances, shall remain valid; and to this end the provisions of this compact are severable.".

Provisions held invalid.

SEC. 222. CENTRAL INTERSTATE COMPACT.

42 USC 2021d note.

LOW-LEVEL

RADIOACTIVE

WASTE

The consent of Congress is hereby given to the states of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, and Oklahoma to enter into the Central Interstate LowLevel Radioactive Waste Compact, and to each and every part and article thereof. Such compact reads substantially as follows:

Arkansas. Iowa. Kansas. Louisiana. Minnesota. Missouri. Nebraska. North Dakota. Oklahoma.

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/754

 99 STAT. 1864

PUBLIC LAW 99-240—JAN. 15, 1986 "CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT "ARTICLE I. POLICY AND PURPOSE

Health. Safety. Environmental protection. 42 USC 2021b note.

"The party states recognize that each state is responsible for the management of its non-federal low-level radioactive wastes. They also recognize that the Congress, by enacting the Low-Level Radioactive Waste Policy Act (Public Law 96-573) has authorized and encouraged states to enter into compacts for the efficient management 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. "ARTICLE II. DEFINITIONS

42 USC 2021b note. 42 USC 2014.

"As used in this compact, unless the context clearly requires a different construction: "a. 'Commission' means the Central Interstate Low-Level Radioactive Waste Commission; "b. 'disposal' means the isolation and final disposition of waste; "c. 'extended care' means the care of a regional facility 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, medical diagnosis and treatment, biomedical research, other industrial 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 shipment to a regional facility; "f. 'host state' means any party state in which a regional facility is situated or is being developed; "g. 'low-level radioactive waste' or 'waste' means, as defined in the Low-Level Radioactive Waste Policy Act (Public Law 96-573), radioactive waste not classified as: High-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11 e.(2) of the Atomic Energy Act of 1954, as amended through 1978. "h. 'management of waste' means the storage, treatment or disposal of waste; "i. 'notification of each party state' means transmittal of written notice to the Governor, presiding officer of each legislative body and any other persons designated by the party state's Commission member to receive such notice;

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/755

 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' means any individual, corporation, business enterprise, or other legal entity, either public or private; "1. '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, the 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, including 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 volume. "ARTICLE III. RIGHTS AND OBLIGATIONS

"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 within its borders managed at such facility. "b. To the extent authorized by Federal law and host State law, a Regulation, host 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 basediupon 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 facility within its borders. 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 determined 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 generated within or passing through its borders and shall adopt practices that will ensure that waste shipments originating within its borders and destined for a regional facility will conform to applicable packaging and transportation laws and regulations. 'f. Each party state has the right to rely on the good faith performance of each other party state.

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/756

 99 STAT. 1866

Exports.

PUBLIC LAW 99-240—JAN. 15, 1986

"g. Unless authorized by the Commission, it shall be unlawful after January 1, 1986, for any person: " 1. to deposit at a regional facility, waste not generated within the region; "2. to accept, at a regional facility, waste not generated within the region; "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. "ARTICLE IV. THE COMMISSION

Central Interstate LowLevel Radioactive Waste Commission, establishment.

Contracts.

"a. There is hereby established the Central Interstate Low-Level Radioactive Waste Commission. The Commission shall consist of one voting member from each party state to be appointed according to the laws of each state. The appointing authority of each party state shall notify the Commission in writing of the identity of its member 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 of its 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 inconsistent 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 upon 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 jurisdiction over any matter arising under or relating to the terms of the provisions of this compact. The Commission shall determine in which proceedings 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. "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 necessary functions to assist the Commission. Unless otherwise 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 Federal government and shall be compensated from funds of the 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 states shall equally contribute to the Commission budget on an

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text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/757

 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 imposition of the surcharges provided for 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 users of such facilities, based on the volume and characteristics of wastes received at such facilities, the total of which: "(A) Shall be sufficient to cover the annual budget of the 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 administrative 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. and disbursements. An independent certified public accountant Report. shall annually audit all receipts and disbursements of Commission 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 this Article. " j. The Commission may accept for any of its purposes and Grants. functions any and all donations, grants of money, equipment, sup- Reports. plies, materials and services, condition£d or otherwise from any person and may receive, utilize and dispose of same. The nature, amount and conditions, if any, attendant upon any donation or grant 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 of liability of any kind for any act, omission, course of conduct, or on account of any casual or other relationships. Generators, transporters of waste, owners and operators of facilities shall be liable for their acts, omissions, conduct or relationships in accordance with all laws relating thereto. "(2) The Commission herein established is a legal entity separate Prohibitions. and 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 personally 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 the Commission maintains its headquarters by filing in such court a petition for review within 60 days after the Commission's final decision. Proceedings thereafter shall be in accordance with the rules of procedure applicable 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

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