§2021c Responsibilities for disposal of low-level radioactive waste

Summary

States must provide for the disposal of low-level radioactive waste made in the State (except waste from the Federal Government) if it is class A, B, or C under 10 C.F.R. 61.55 as that rule read on January 26, 1983. States must also handle such waste made by the Federal Government, except waste owned or made by the Department of Energy, waste from decommissioning Navy ships, or waste from atomic weapons work. States may accept out-of-state waste under other laws. A regional disposal site cannot be forced to take material that is not low-level radioactive waste under 10 C.F.R. 61.55 (as of January 26, 1983) or material listed under the Formerly Utilized Sites Remedial Action Program (FUSRAP). The Federal Government must take responsibility for waste owned or made by the Department of Energy, waste from decommissioning Navy vessels, waste from atomic weapons research or production, and any waste whose radioactivity is higher than the class C limits in 10 C.F.R. 61.55 (as of January 26, 1983). Waste from activities licensed by the Nuclear Regulatory Commission must be placed in an NRC‑licensed facility the NRC finds safe. Not later than 12 months after January 15, 1986, the Secretary must send Congress a report that identifies the waste, disposal options, proposed actions, projected costs, who should pay, and any needed legal authority. The Secretary may not dispose of newly designated federal-responsibility waste until 90 days after that report is submitted. Definitions: class A, B, C — categories of low-level radioactive waste in 10 C.F.R. 61.55 (as of January 26, 1983); FUSRAP — Formerly Utilized Sites Remedial Action Program.