42 U.S.C. § 2023: State authority to regulate…

Summary

Federal law here and in the Low-Level Radioactive Waste Policy Act does not stop a State from controlling the disposal or off-site burning of certain low-level radioactive waste because of radiation risk, if the Nuclear Regulatory Commission exempts that waste from regulation after October 24, 1992. That rule does not take away any existing State powers. Except for that rule, States do not get new authority to regulate things licensed by the Nuclear Regulatory Commission. Definitions: low-level radioactive waste = what the NRC called low-level on October 24, 1992; off-site incineration = burning away from where it was made; State = the 50 states, D.C., and U.S. territories/possessions.

Title 42, §2023

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

(a)In general

No provision of this chapter, or of the Low-Level Radioactive Waste Policy Act [42 U.S.C. 2021b et seq.], may be construed to prohibit or otherwise restrict the authority of any State to regulate, on the basis of radiological hazard, the disposal or off-site incineration of low-level radioactive waste, if the Nuclear Regulatory Commission, after October 24, 1992, exempts such waste from regulation.

(b)Relation to other State authority

This section may not be construed to imply preemption of existing State authority. Except as expressly provided in subsection (a), this section may not be construed to confer on any State any additional authority to regulate activities licensed by the Nuclear Regulatory Commission.

(c)Definitions

For purposes of this section: (1)

(2)The term “off-site incineration” means any incineration of radioactive materials at a facility that is located off the site where such materials were generated.

(3)The term “State” means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 2011 of this title and Tables. The Low-Level Radioactive Waste Policy Act, referred to in subsec. (a), is Pub. L. 96–573, as amended generally by Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1842, which is classified generally to section 2021b et seq. of this title. For complete classification of this Act to the Code, see

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note set out under section 2021b of this title and Tables.

§2023 State Authority to Regulate Radiation Below Level of Regulatory Concern of Nuclear Regulatory Commission

Summary

Title 42, §2023

Notes & Related Subsidiaries

Editorial Notes

References in Text

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