42 U.S.C. § 2297h–11: Low-level waste

Summary

The Department of Energy must accept low-level radioactive waste for disposal when the company that made it asks. This includes depleted uranium if it is officially decided to be low-level waste. Waste covered includes material from the government gaseous diffusion plants or from companies licensed to run uranium enrichment plants. The waste maker must pay the DOE’s costs, including its share of capital costs, but not more than what a commercial or state disposal site would charge. If depleted uranium is involved, the waste maker must pay the DOE’s full costs, including capital shares. If a licensee asks the DOE to take depleted uranium, the DOE must take ownership and store it at an existing DUF6 facility. The waste maker may instead arrange disposal with any other authorized disposer. States and interstate compacts are not responsible for treating, storing, or disposing of low-level waste (including mixed waste) from operating, cleaning up, or closing any uranium enrichment facility.

Title 42, §2297h–11

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

(a)Responsibility of DOE

(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)Agreements with other persons

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)State or interstate compacts

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.

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.

§2297h–11 Low-level Waste

Summary

Title 42, §2297h–11

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata