Title 42The Public Health and WelfareRelease 119-73

§2297h–11 Low-level waste

Title 42 › Chapter CHAPTER 23— - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Subchapter SUBCHAPTER VIII— - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION › § 2297h–11

Last updated Apr 6, 2026|Official source

Summary

The Secretary must take low-level radioactive waste for disposal when the waste generator asks, if the waste comes from the Corporation’s gaseous diffusion plants (or from treating those wastes elsewhere) or from anyone licensed by the Nuclear Regulatory Commission to run a uranium enrichment facility (under sections 2073, 2093, and 2243). That includes depleted uranium if it is later ruled to be low-level waste. The generator must pay the Secretary’s costs, including a share of capital costs, but not more than what commercial, State, regional, or interstate disposal groups would charge. If depleted uranium is later declared low-level waste, the generator must pay the Secretary’s full costs. If a licensee asks the Secretary to take depleted uranium, the Secretary must accept title and possession of it at an existing DUF6 storage facility. A generator can instead arrange disposal with other authorized parties. States or interstate compacts are not responsible for the treatment, storage, or disposal of any low-level radioactive waste (including mixed waste) from running, cleaning up, or closing a uranium enrichment facility.

Full Legal Text

Title 42, §2297h–11

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)The Secretary, at the request of the generator, shall accept for disposal low-level radioactive waste, including depleted uranium if it were ultimately determined to be low-level radioactive waste, generated by—
(A)the Corporation as a result of the operations of the gaseous diffusion plants or as a result of the treatment of such wastes at a location other than the gaseous diffusion plants, or
(B)any person licensed by the Nuclear Regulatory Commission to operate a uranium enrichment facility under section 2073, 2093, and 2243 of this title.
(2)Except as provided in paragraph (3), the generator shall reimburse the Secretary for the disposal of low-level radioactive waste pursuant to paragraph (1) in an amount equal to the Secretary’s costs, including a pro rata share of any capital costs, but in no event more than an amount equal to that which would be charged by commercial, State, regional, or interstate compact entities for disposal of such waste.
(3)In the event depleted uranium were ultimately determined to be low-level radioactive waste, the generator shall reimburse the Secretary for the disposal of depleted uranium pursuant to paragraph (1) in an amount equal to the Secretary’s costs, including a pro rata share of any capital costs.
(4)In the event that a licensee requests the Secretary to accept for disposal depleted uranium pursuant to this subsection, the Secretary shall be required to take title to and possession of such depleted uranium at an existing DUF6 storage facility.
(b)The generator may also enter into agreements for the disposal of low-level radioactive waste subject to subsection (a) with any person other than the Secretary that is authorized by applicable laws and regulations to dispose of such wastes.
(c)Notwithstanding any other provision of law, no State or interstate compact shall be liable for the treatment, storage, or disposal of any low-level radioactive waste (including mixed waste) attributable to the operation, decontamination, and decommissioning of any uranium enrichment facility.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

Amendments

2004—Subsec. (a)(4). Pub. L. 108–447, § 311, which directed the addition of par. (4) to subsec. (a) of section 3113 of Public Law 102–486 (42 U.S.C. 2297h–11), was executed by adding par. (4) to subsec. (a) of this section, which is section 3113 of Pub. L. 104–134, to reflect the probable intent of Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2297h–11

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73