PRIA, Government Policy, Made Personal

Summary

The Secretary must pick and carry out cleanup work at certain processing and disposal sites. The work must follow the safety standards the Administrator creates under the Atomic Energy Act. If a State pays part of the cost, the State must take part in choosing and doing the cleanup. The Commission must agree, and the Secretary should talk with any affected Indian tribe and the Secretary of the Interior as needed. Leftover radioactive material can be sent to a facility already licensed under Title II if that facility’s rules are met. The Secretary must use technology that meets the Administrator’s standards and that safely stabilizes the materials. If the Administrator had not finalized those standards by October 31, 1982, the Secretary must follow the Administrator’s proposed standards until the final ones are issued. Before starting a cleanup, the Secretary must ask private companies if they want to remill or recover minerals from the leftover material. The Secretary will check the mineral levels to see if recovery is practical. With the Commission’s agreement, the Secretary may allow recovery so long as it does not interfere with cleanup. Any company allowed to recover minerals must pay the United States a share of net profits, up to the amount the federal government spent on cleanup, and then pay a share to the State. The company must pay all recovery costs and get any required federal or State licenses.

Title 42, §7918

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

(a)General standards for remedial action; Federal performance and State participation; use of technology; promulgation of standards

(1)The Secretary or such person as he may designate shall select and perform remedial actions at designated processing sites and disposal sites in accordance with the general standards prescribed by the Administrator pursuant to section 275 a. of the Atomic Energy Act of 1954 [42 U.S.C. 2022(a)]. The State shall participate fully in the selection and performance of a remedial action for which it pays part of the cost. Such remedial action shall be selected and performed with the concurrence of the Commission and in consultation, as appropriate, with the Indian tribe and the Secretary of the Interior. Residual radioactive material from a processing site designated under this subchapter may be disposed of at a facility licensed under title II under the administrative and technical requirements of such title. Disposal of such material at such a site in accordance with such requirements shall be considered to have been done in accordance with the administrative and technical requirements of this subchapter.

(2)The Secretary shall use technology in performing such remedial action as will insure compliance with the general standards promulgated by the Administrator under section 275 a. of the Atomic Energy Act of 1954 [42 U.S.C. 2022(a)] and will assure the safe and environmentally sound stabilization of residual radioactive materials, consistent with existing law.

(3)Notwithstanding paragraphs (1) and (2) of this subsection, after October 31, 1982, if the Administrator has not promulgated standards under section 275 a. of the Atomic Energy Act of 1954 [42 U.S.C. 2022(a)] in final form by such date, remedial action taken by the Secretary under this subchapter shall comply with the standards proposed by the Administrator under such section 275 a. until such time as the Administrator promulgates the standards in final form.

(b)Mineral concentration evaluation; terms and conditions for mineral recovery; payment of Federal and State share of net profits; recovery costs; licenses

Prior to undertaking any remedial action at a designated site pursuant to this subchapter, the Secretary shall request expressions of interest from private parties regarding the remilling of the residual radioactive materials and the site and, upon receipt of any expression of interest, the Secretary shall evaluate among other things the mineral concentration of the residual radioactive materials at each designated processing site to determine whether, as a part of any remedial action program, recovery of such minerals is practicable. The Secretary, with the concurrence of the Commission, may permit the recovery of such minerals, under such terms and conditions as he may prescribe to carry out the purposes of this subchapter. No such recovery shall be permitted unless such recovery is consistent with remedial action. Any person permitted by the Secretary to recover such mineral shall pay to the Secretary a share of the net profits derived from such recovery, as determined by the Secretary. Such share shall not exceed the total amount paid by the Secretary for carrying out remedial action at such designated site. After payment of such share to the United States under this subsection, such person shall pay to the State in which the residual radioactive materials are located a share of the net profits derived from such recovery, as determined by the Secretary. The person recovering such minerals shall bear all costs of such recovery. Any person carrying out mineral recovery activities under this paragraph shall be required to obtain any necessary license under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.] or under State law as permitted under section 274 of such Act [42 U.S.C. 2021].

Notes & Related Subsidiaries

Editorial Notes

References in Text

Title II, referred to in subsec. (a)(1), is title II (§§ 201–209) of Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3033, which enacted section 2022, 2113, and 2114 of this title, amended section 2014, 2021, 2111, and 2201 of this title, and enacted provisions set out as notes under section 2014, 2021, and 2113 of this title. For complete classification of title II to the Code, see Tables. The Atomic Energy Act of 1954, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of this title and Tables.

Amendments

1996—Subsec. (a)(1). Pub. L. 104–259 inserted at end “Residual radioactive material from a processing site designated under this subchapter may be disposed of at a facility licensed under title II under the administrative and technical requirements of such title. Disposal of such material at such a site in accordance with such requirements shall be considered to have been done in accordance with the administrative and technical requirements of this subchapter.” 1983—Subsec. (a)(2). Pub. L. 97–415, § 18(b)(2), struck out provision that no such remedial action could be undertaken under this section before the promulgation by the Administrator of general standards pursuant to section 275 a. of the Atomic Energy Act of 1954. Subsec. (a)(3). Pub. L. 97–415, § 18(b)(1), added par. (3).

§7918 Remedial Action and Mineral Recovery Activities