---
kind: "range"
citation: "42 U.S.C. §§ 2021b–2021j"
title: "42"
from: "2021b"
to: "2021j"
count: 9
release: "119-102"
url: "https://uscodex.org/usc/42/2021b..2021j"
---

# §2021b. Definitions


For purposes of [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title:

- (1) **Agreement State—** The term “agreement State” means a [State](/usc/42/201.md?p=f) that—
  - (A) has entered into an [agreement](/usc/42/1320b–8.md?p=a-3-A) with the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) under [section 2021 of this title](/usc/42/2021.md); and
  - (B) has authority to regulate the [disposal](#7) of [low-level radioactive waste](#9-A) under such [agreement](/usc/42/1320b–8.md?p=a-3-A).
- (2) **Allocation—** The term “allocation” means the assignment of a specific amount of [low-level radioactive waste](#9-A) [disposal](#7) capacity to a [commercial nuclear power reactor](#3) for which access is required to be provided by sited [States](/usc/42/201.md?p=f) subject to the conditions specified under [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title.
- (3) **Commercial nuclear power reactor—** The term “commercial nuclear power reactor” means any [unit](/usc/42/1395w–114b.md?p=g-2) of a civilian light-water moderated utilization [facility](/usc/42/11049.md?p=4) required to be licensed under section [2133](/usc/42/2133.md) or [2134(b)](/usc/42/2134.md?p=b) of this title.
- (4) **Compact—** The term “compact” means a compact entered into by two or more [States](/usc/42/201.md?p=f) pursuant to [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title.
- (5) **Compact commission—** The term “compact commission” means the regional [commission](/usc/42/2000ff.md?p=1), committee, or [board](/usc/42/10261.md?p=2) established in a [compact](#4) to administer such [compact](#4).
- (6) **Compact region—** The term “compact region” means the area consisting of all [States](/usc/42/201.md?p=f) that are members of a [compact](#4).
- (7) **Disposal—** The term “disposal” means the permanent isolation of [low-level radioactive waste](#9-A) pursuant to the requirements established by the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) under applicable laws, or by an [agreement State](#1) if such isolation occurs in such [agreement State](#1).
- (8) **Generate—** The term “generate”, when used in relation to [low-level radioactive waste](#9-A), means to produce [low-level radioactive waste](#9-A).
- (9) **Low-level radioactive waste—**
  - (A) **In general—** The term “low-level radioactive waste” means radioactive material that—
    - (i) is not [high-level radioactive waste](/usc/42/2014.md?p=ee), [spent nuclear fuel](/usc/42/2014.md?p=ee), or byproduct material (as defined in [section 2014(e)(2) of this title](/usc/42/2014.md?p=e-2)); and
    - (ii) the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1), consistent with existing law and in accordance with paragraph (A), classifies as [low-level radioactive waste](#9-A).
  - (B) **Exclusion—** The term “[low-level radioactive waste](#9-A)” does not include byproduct material (as defined in paragraphs (3) and (4) of [section 2014(e) of this title](/usc/42/2014.md?p=e)).
- (10) **Non-sited compact region—** The term “non-sited compact region” means any [compact region](#6) that is not a [sited compact region](#13).
- (11) **Regional disposal facility—** The term “regional disposal facility” means a non-Federal [low-level radioactive waste](#9-A) [disposal](#7) [facility](/usc/42/11049.md?p=4) in operation on January 1, 1985, or subsequently established and operated under a [compact](#4).
- (12) **Secretary—** The term “[Secretary](/usc/42/242q–4.md?p=2)” means the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7).
- (13) **Sited compact region—** The term “sited compact region” means a [compact region](#6) in which there is located one of the [regional disposal facilities](#11) at Barnwell, in the [State](/usc/42/201.md?p=f) of South Carolina; Richland, in the [State](/usc/42/201.md?p=f) of Washington; or Beatty, in the [State](/usc/42/201.md?p=f) of Nevada.
- (14) **State—** The term “[State](/usc/42/201.md?p=f)” means any [State](/usc/42/201.md?p=f) of the [United States](/usc/42/403.md?p=k), the District of Columbia, and the Commonwealth of Puerto Rico.

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

- (a)
  - (1) Each [State](/usc/42/201.md?p=f) shall be responsible for providing, either by itself or in cooperation with other [States](/usc/42/201.md?p=f), for the [disposal](/usc/42/2021b.md?p=7) of—
    - (A) [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated within the [State](/usc/42/201.md?p=f) (other than by the Federal Government) that consists of or contains class A, B, or C radioactive waste as defined by [section 61.55 of title 10, Code of Federal Regulations](/cfr/10/61.55.md), as in effect on January 26, 1983;
    - (B) [low-level radioactive waste](/usc/42/2021b.md?p=9-A) described in [subparagraph (A)](#a-1-A) that is generated by the Federal Government except such waste that is—
      - (i) owned or generated by the Department of [Energy](/usc/42/6311.md?p=7);
      - (ii) owned or generated by the [United States](/usc/42/403.md?p=k) Navy as a result of the decommissioning of vessels of the [United States](/usc/42/403.md?p=k) Navy; or
      - (iii) owned or generated as a result of any research, development, testing, or production of any [atomic weapon](/usc/42/7384l.md?p=2); and
    - (C) [low-level radioactive waste](/usc/42/2021b.md?p=9-A) described in subparagraphs [(A)](#a-1-A) and [(B)](#a-1-B) that is generated outside of the [State](/usc/42/201.md?p=f) and accepted for [disposal](/usc/42/2021b.md?p=7) in accordance with sections[^1] 2021e or 2021f of this title.
  - (2) No [regional disposal facility](/usc/42/2021b.md?p=11) may be required to accept for [disposal](/usc/42/2021b.md?p=7) any material—
    - (A) that is not [low-level radioactive waste](/usc/42/2021b.md?p=9-A) as defined by [section 61.55 of title 10, Code of Federal Regulations](/cfr/10/61.55.md), as in effect on January 26, 1983, or
    - (B) identified under the Formerly Utilized Sites Remedial Action [Program](/usc/42/274l–1.md?p=4).

    Nothing in this paragraph shall be deemed to prohibit a [State](/usc/42/201.md?p=f), subject to the provisions of its [compact](/usc/42/2021b.md?p=4), or a [compact region](/usc/42/2021b.md?p=6) from accepting for [disposal](/usc/42/2021b.md?p=7) any material identified in subparagraph [(A)](#a-2-A) or [(B)](#a-2-B).

- (b)
  - (1) The Federal Government shall be responsible for the [disposal](/usc/42/2021b.md?p=7) of—
    - (A) [low-level radioactive waste](/usc/42/2021b.md?p=9-A) owned or generated by the Department of [Energy](/usc/42/6311.md?p=7);
    - (B) [low-level radioactive waste](/usc/42/2021b.md?p=9-A) owned or generated by the [United States](/usc/42/403.md?p=k) Navy as a result of the decommissioning of vessels of the [United States](/usc/42/403.md?p=k) Navy;
    - (C) [low-level radioactive waste](/usc/42/2021b.md?p=9-A) owned or generated by the Federal Government as a result of any research, development, testing, or production of any [atomic weapon](/usc/42/7384l.md?p=2); and
    - (D) any other [low-level radioactive waste](/usc/42/2021b.md?p=9-A) with concentrations of radionuclides that exceed the limits established by the [Commission](/usc/42/2000ff.md?p=1) for class C radioactive waste, as defined by [section 61.55 of title 10, Code of Federal Regulations](/cfr/10/61.55.md), as in effect on January 26, 1983.
  - (2) All radioactive waste designated a Federal responsibility pursuant to [subparagraph (b)(1)(D)](#b-1-D) that results from activities licensed by the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) under the Atomic Energy Act of 1954, as amended, shall be disposed of in a [facility](/usc/42/11049.md?p=4) licensed by the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) that the [Commission](/usc/42/2000ff.md?p=1) determines is adequate to protect the public health and safety.
  - (3) Not later than 12 months after January 15, 1986, the [Secretary](/usc/42/242q–4.md?p=2) shall submit to the Congress a comprehensive report setting forth the recommendations of the [Secretary](/usc/42/242q–4.md?p=2) for ensuring the safe [disposal](/usc/42/2021b.md?p=7) of all radioactive waste designated a Federal responsibility pursuant to [subparagraph (b)(1)(D)](#b-1-D). Such report shall include—
    - (A) an identification of the radioactive waste involved, including the source of such waste, and the volume, concentration, and other relevant characteristics of such waste;
    - (B) an identification of the Federal and non-Federal options for [disposal](/usc/42/2021b.md?p=7) of such radioactive waste;
    - (C) a description of the actions proposed to ensure the safe [disposal](/usc/42/2021b.md?p=7) of such radioactive waste;
    - (D) a description of the projected costs of undertaking such actions;
    - (E) an identification of the options for ensuring that the beneficiaries of the activities resulting in the generation of such radioactive wastes bear all reasonable costs of disposing of such wastes; and
    - (F) an identification of any statutory authority required for [disposal](/usc/42/2021b.md?p=7) of such waste.
  - (4) The [Secretary](/usc/42/242q–4.md?p=2) may not dispose of any radioactive waste designated a Federal responsibility pursuant to [paragraph (b)(1)(D)](#b-1-D) that becomes a Federal responsibility for the first time pursuant to such paragraph until ninety days after the report prepared pursuant to [paragraph (3)](#b-3) has been submitted to the Congress.

# §2021d. Regional compacts for disposal of low-level radioactive waste

- (a) **In general—**
  - (1) **Federal policy—** It is the policy of the Federal Government that the responsibilities of the [States](/usc/42/201.md?p=f) under [section 2021c of this title](/usc/42/2021c.md) for the [disposal](/usc/42/2021b.md?p=7) of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) can be most safely and effectively managed on a regional basis.
  - (2) **Interstate compacts—** To carry out the policy set forth in [paragraph (1)](#a-1), the [States](/usc/42/201.md?p=f) may enter into such [compacts](/usc/42/2021b.md?p=4) as may be necessary to provide for the establishment and operation of [regional disposal facilities](/usc/42/2021b.md?p=11) for [low-level radioactive waste](/usc/42/2021b.md?p=9-A).
- (b) **Applicability to Federal activities—**
  - (1) **In general—**
    - (A) **Activities of the Secretary—** Except as provided in [subparagraph (B)](#b-1-B), no [compact](/usc/42/2021b.md?p=4) or action taken under a [compact](/usc/42/2021b.md?p=4) shall be applicable to the transportation, management, or [disposal](/usc/42/2021b.md?p=7) of any [low-level radioactive waste](/usc/42/2021b.md?p=9-A) designated in [section 2021c(a)(1)(B)(i)–(iii)](/usc/42/2021c.md?p=a-1-B-i..a-1-B-iii) of this title.
    - (B) **Federal low-level radioactive waste disposed of at non-Federal facilities—** [Low-level radioactive waste](/usc/42/2021b.md?p=9-A) owned or generated by the Federal Government that is disposed of at a [regional disposal facility](/usc/42/2021b.md?p=11) or non-Federal [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) within a [State](/usc/42/201.md?p=f) that is not a member of a [compact](/usc/42/2021b.md?p=4) shall be subject to the same conditions, regulations, requirements, fees, taxes, and surcharges imposed by the [compact commission](/usc/42/2021b.md?p=5), and by the [State](/usc/42/201.md?p=f) in which such [facility](/usc/42/11049.md?p=4) is located, in the same manner and to the same extent as any [low-level radioactive waste](/usc/42/2021b.md?p=9-A) not generated by the Federal Government.
  - (2) **Federal low-level radioactive waste disposal facilities—** Any [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) established or operated exclusively for the [disposal](/usc/42/2021b.md?p=7) of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) owned or generated by the Federal Government shall not be subject to any [compact](/usc/42/2021b.md?p=4) or any action taken under a [compact](/usc/42/2021b.md?p=4).
  - (3) **Effect of compacts on Federal law—** Nothing contained in [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title or any [compact](/usc/42/2021b.md?p=4) may be construed to confer any new authority on any [compact commission](/usc/42/2021b.md?p=5) or [State](/usc/42/201.md?p=f)—
    - (A) to regulate the packaging, generation, [treatment](/usc/42/11851.md?p=11), storage, [disposal](/usc/42/2021b.md?p=7), or transportation of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) in a manner incompatible with the regulations of the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) or inconsistent with the regulations of the Department of Transportation;
    - (B) to regulate health, safety, or environmental [hazards](/usc/42/5165f.md?p=a-3) from [source material](/usc/42/2014.md?p=z), byproduct material, or [special nuclear material](/usc/42/2014.md?p=aa);
    - (C) to inspect the [facilities](/usc/42/11049.md?p=4) of licensees of the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1);
    - (D) to inspect security areas or operations at the site of the generation of any [low-level radioactive waste](/usc/42/2021b.md?p=9-A) by the Federal Government, or to inspect classified information related to such areas or operations; or
    - (E) to require indemnification pursuant to the provisions of [chapter 171](/usc/28/chptVI-ch171.md) of title 28 (commonly referred to as the Federal Tort Claims Act), or [section 2210 of this title](/usc/42/2210.md), whichever is applicable.
  - (4) **Federal authority—** Except as expressly provided in [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title, nothing contained in [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title or any [compact](/usc/42/2021b.md?p=4) may be construed to limit the applicability of any Federal law or to diminish or otherwise impair the jurisdiction of any Federal [agency](/usc/42/2231.md?p=a), or to alter, amend, or otherwise affect any Federal law governing the judicial review of any action taken pursuant to any [compact](/usc/42/2021b.md?p=4).
  - (5) **State authority preserved—** Except as expressly provided in [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title, nothing contained in [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title expands, diminishes, or otherwise affects [State](/usc/42/201.md?p=f) law.
- (c) **Restricted use of regional disposal facilities—** Any authority in a [compact](/usc/42/2021b.md?p=4) to restrict the use of the [regional disposal facilities](/usc/42/2021b.md?p=11) under the [compact](/usc/42/2021b.md?p=4) to the [disposal](/usc/42/2021b.md?p=7) of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated within the [compact region](/usc/42/2021b.md?p=6) shall not take effect before each of the following occurs:
  - (1) January 1, 1986; and
  - (2) the Congress by law consents to the [compact](/usc/42/2021b.md?p=4).
- (d) **Congressional review—** Each [compact](/usc/42/2021b.md?p=4) shall provide that every 5 years after the [compact](/usc/42/2021b.md?p=4) has taken effect the Congress may by law withdraw its consent.

# §2021e. Limited availability of certain regional disposal facilities during transition and licensing periods

- (a) **Availability of disposal capacity—**
  - (1) **Pressurized water and boiling water reactors—** During the seven-year period beginning January 1, 1986 and ending December 31, 1992, subject to the provisions of [subsections (b) through (g)](#b..g), each [State](/usc/42/201.md?p=f) in which there is located a [regional disposal facility](/usc/42/2021b.md?p=11) referred to in [paragraphs (1) through (3)](#b-1..b-3) of subsection (b) shall make [disposal](/usc/42/2021b.md?p=7) capacity available for [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated by pressurized water and boiling water [commercial nuclear power reactors](/usc/42/2021b.md?p=3) in accordance with the [allocations](/usc/42/2021b.md?p=2) established in [subsection (c)](#c).
  - (2) **Other sources of low-level radioactive waste—** During the seven-year period beginning January 1, 1986 and ending December 31, 1992, subject to the provisions of [subsections (b) through (g)](#b..g), each [State](/usc/42/201.md?p=f) in which there is located a [regional disposal facility](/usc/42/2021b.md?p=11) referred to in [paragraphs (1) through (3)](#b-1..b-3) of subsection (b) shall make [disposal](/usc/42/2021b.md?p=7) capacity available for [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated by any source not referred to in [paragraph (1)](#a-1).
  - (3) **Allocation of disposal capacity—**
    - (A) During the seven-year period beginning January 1, 1986 and ending December 31, 1992, [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated within a [sited compact region](/usc/42/2021b.md?p=13) shall be accorded priority under this section in the [allocation](/usc/42/2021b.md?p=2) of available [disposal](/usc/42/2021b.md?p=7) capacity at a [regional disposal facility](/usc/42/2021b.md?p=11) referred to in [paragraphs (1) through (3)](#b-1..b-3) of subsection (b) and located in the [sited compact region](/usc/42/2021b.md?p=13) in which such waste is generated.
    - (B) Any [State](/usc/42/201.md?p=f) in which a [regional disposal facility](/usc/42/2021b.md?p=11) referred to in [paragraphs (1) through (3)](#b-1..b-3) of subsection (b) is located may, subject to the provisions of its [compact](/usc/42/2021b.md?p=4), prohibit the [disposal](/usc/42/2021b.md?p=7) at such [facility](/usc/42/11049.md?p=4) of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated outside of the [compact region](/usc/42/2021b.md?p=6) if the [disposal](/usc/42/2021b.md?p=7) of such waste in any given calendar year, together with all other [low-level radioactive waste](/usc/42/2021b.md?p=9-A) disposed of at such [facility](/usc/42/11049.md?p=4) within that same calendar year, would result in that [facility](/usc/42/11049.md?p=4) disposing of a total annual volume of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) in excess of 100 per centum of the average annual volume for such [facility](/usc/42/11049.md?p=4) designated in [subsection (b)](#b): Provided, however, That in the event that all three [States](/usc/42/201.md?p=f) in which [regional disposal facilities](/usc/42/2021b.md?p=11) referred to in [paragraphs (1) through (3)](#b-1..b-3) of subsection (b) act to prohibit the [disposal](/usc/42/2021b.md?p=7) of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) pursuant to this subparagraph, each such [State](/usc/42/201.md?p=f) shall, in accordance with any applicable procedures of its [compact](/usc/42/2021b.md?p=4), permit, as necessary, the [disposal](/usc/42/2021b.md?p=7) of additional quantities of such waste in increments of 10 per centum of the average annual volume for each such [facility](/usc/42/11049.md?p=4) designated in [subsection (b)](#b).
    - (C) Nothing in this paragraph shall require any [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) or [State](/usc/42/201.md?p=f) referred to in [paragraphs (1) through (3)](#b-1..b-3) of subsection (b) to accept for [disposal](/usc/42/2021b.md?p=7) [low-level radioactive waste](/usc/42/2021b.md?p=9-A) in excess of the total amounts designated in [subsection (b)](#b).
  - (4) **Cessation of operation of low-level radioactive waste disposal facility—** No provision of this section shall be construed to obligate any [State](/usc/42/201.md?p=f) referred to in [paragraphs (1) through (3)](#b-1..b-3) of subsection (b) to accept [low-level radioactive waste](/usc/42/2021b.md?p=9-A) from any source in the event that the [regional disposal facility](/usc/42/2021b.md?p=11) located in such [State](/usc/42/201.md?p=f) ceases operations.
- (b) **Limitations—** The availability of [disposal](/usc/42/2021b.md?p=7) capacity for [low-level radioactive waste](/usc/42/2021b.md?p=9-A) from any source shall be subject to the following limitations:
  - (1) **Barnwell, South Carolina—** The [State](/usc/42/201.md?p=f) of South Carolina, in accordance with the provisions of its [compact](/usc/42/2021b.md?p=4), may limit the volume of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) accepted for [disposal](/usc/42/2021b.md?p=7) at the [regional disposal facility](/usc/42/2021b.md?p=11) located at Barnwell, South Carolina to a total of 8,400,000 cubic feet of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) during the 7-year period beginning January 1, 1986, and ending December 31, 1992 (as based on an average annual volume of 1,200,000 cubic feet of [low-level radioactive waste](/usc/42/2021b.md?p=9-A)).
  - (2) **Richland, Washington—** The [State](/usc/42/201.md?p=f) of Washington, in accordance with the provisions of its [compact](/usc/42/2021b.md?p=4), may limit the volume of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) accepted for [disposal](/usc/42/2021b.md?p=7) at the [regional disposal facility](/usc/42/2021b.md?p=11) located at Richland, Washington to a total of 9,800,000 cubic feet of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) during the 7-year period beginning January 1, 1986, and ending December 31, 1992 (as based on an average annual volume of 1,400,000 cubic feet of [low-level radioactive waste](/usc/42/2021b.md?p=9-A)).
  - (3) **Beatty, Nevada—** The [State](/usc/42/201.md?p=f) of Nevada, in accordance with the provisions of its [compact](/usc/42/2021b.md?p=4), may limit the volume of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) accepted for [disposal](/usc/42/2021b.md?p=7) at the [regional disposal facility](/usc/42/2021b.md?p=11) located at Beatty, Nevada to a total of 1,400,000 cubic feet of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) during the 7-year period beginning January 1, 1986, and ending December 31, 1992 (as based on an average annual volume of 200,000 cubic feet of [low-level radioactive waste](/usc/42/2021b.md?p=9-A)).
- (c) **Commercial nuclear power reactor allocations—**
  - (1) **Amount—** Subject to the provisions of [subsections (a) through (g)](#a..g) each [commercial nuclear power reactor](/usc/42/2021b.md?p=3) shall upon request receive an [allocation](/usc/42/2021b.md?p=2) of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) capacity (in cubic feet) at the [facilities](/usc/42/11049.md?p=4) referred to in [subsection (b)](#b) during the 4-year transition period beginning January 1, 1986, and ending December 31, 1989, and during the 3-year licensing period beginning January 1, 1990, and ending December 31, 1992, in an amount calculated by multiplying the appropriate number from the following table by the number of months remaining in the applicable period as determined under [paragraph (2)](#c-2).

    | Reactor Type | 4-year Transition Period |  | 3-year Licensing Period |  |
    | --- | --- | --- | --- | --- |
    | In Sited Region | All Other Locations | In Sited Region | All Other Locations |  |
    | PWR | 1027 | 871 | 934 | 685 |
    | BWR | 2300 | 1951 | 2091 | 1533 |

  - (2) **Method of calculation—** For purposes of calculating the aggregate amount of [disposal](/usc/42/2021b.md?p=7) capacity available to a [commercial nuclear power reactor](/usc/42/2021b.md?p=3) under this subsection, the number of months shall be computed beginning with the first month of the applicable period, or the sixteenth month after receipt of a full power operating license, whichever occurs later.
  - (3) **Unused allocations—** Any unused [allocation](/usc/42/2021b.md?p=2) under [paragraph (1)](#c-1) received by a reactor during the transition period or the licensing period may be used at any time after such reactor receives its full power license or after the beginning of the pertinent period, whichever is later, but not in any event after December 31, 1992, or after commencement of operation of a [regional disposal facility](/usc/42/2021b.md?p=11) in the [compact region](/usc/42/2021b.md?p=6) or [State](/usc/42/201.md?p=f) in which such reactor is located, whichever occurs first.
  - (4) **Transferability—** Any [commercial nuclear power reactor](/usc/42/2021b.md?p=3) in a [State](/usc/42/201.md?p=f) or [compact region](/usc/42/2021b.md?p=6) that is in compliance with the requirements of [subsection (e)](#e) may assign any [disposal](/usc/42/2021b.md?p=7) capacity allocated to it under this subsection to any other [person](/usc/42/1320a–7k.md?p=d-4-C-i) in each [State](/usc/42/201.md?p=f) or [compact region](/usc/42/2021b.md?p=6). Such assignment may be for valuable consideration and shall be in writing, copies of which shall be filed at the affected [compact commissions](/usc/42/2021b.md?p=5) and [States](/usc/42/201.md?p=f), along with the assignor’s unconditional written waiver of the [disposal](/usc/42/2021b.md?p=7) capacity being assigned.
  - (5) **Unusual volumes—**
    - (A) The [Secretary](/usc/42/242q–4.md?p=2) may, upon petition by the [owner or operator](/usc/42/9601.md?p=20-B) of any [commercial nuclear power reactor](/usc/42/2021b.md?p=3), allocate to such reactor [disposal](/usc/42/2021b.md?p=7) capacity in excess of the amount calculated under [paragraph (1)](#c-1) if the [Secretary](/usc/42/242q–4.md?p=2) finds and [states](/usc/42/201.md?p=f) in writing his reasons for so finding that making additional capacity available for such reactor through this paragraph is required to permit unusual or unexpected operating, maintenance, repair or safety activities.
    - (B) The [Secretary](/usc/42/242q–4.md?p=2) may not make [allocations](/usc/42/2021b.md?p=2) pursuant to [subparagraph (A)](#c-5-A) that would result in the acceptance for [disposal](/usc/42/2021b.md?p=7) of more than 800,000 cubic feet of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) or would result in the total of the [allocations](/usc/42/2021b.md?p=2) made pursuant to this subsection exceeding 11,900,000 cubic feet over the entire seven-year interim access period.
  - (6) **Limitation—** During the seven-year interim access period referred to in [subsection (a)](#a), the [disposal](/usc/42/2021b.md?p=7) [facilities](/usc/42/11049.md?p=4) referred to in [subsection (b)](#b) shall not be required to accept more than 11,900,000 cubic feet of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated by [commercial nuclear power reactors](/usc/42/2021b.md?p=3).
- (d) **Use of surcharge funds for milestone incentives; consequences of failure to meet disposal deadline—**
  - (1) **Surcharges—** The [disposal](/usc/42/2021b.md?p=7) of any [low-level radioactive waste](/usc/42/2021b.md?p=9-A) under this section (other than [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated in a [sited compact region](/usc/42/2021b.md?p=13)) may be charged a surcharge by the [State](/usc/42/201.md?p=f) in which the applicable [regional disposal facility](/usc/42/2021b.md?p=11) is located, in addition to the fees and surcharges generally applicable for [disposal](/usc/42/2021b.md?p=7) of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) in the [regional disposal facility](/usc/42/2021b.md?p=11) involved. Except as provided in [subsection (e)(2)](#e-2), such surcharges shall not exceed—
    - (A) in 1986 and 1987, $10 per cubic foot of [low-level radioactive waste](/usc/42/2021b.md?p=9-A);
    - (B) in 1988 and 1989, $20 per cubic foot of [low-level radioactive waste](/usc/42/2021b.md?p=9-A); and
    - (C) in 1990, 1991, and 1992, $40 per cubic foot of [low-level radioactive waste](/usc/42/2021b.md?p=9-A).
  - (2) **Milestone incentives—**
    - (A) **Escrow account—** Twenty-five per centum of all surcharge fees received by a [State](/usc/42/201.md?p=f) pursuant to [paragraph (1)](#d-1) during the seven-year period referred to in [subsection (a)](#a) shall be transferred on a monthly basis to an escrow account held by the [Secretary](/usc/42/242q–4.md?p=2). The [Secretary](/usc/42/242q–4.md?p=2) shall deposit all [funds](/usc/42/12854.md?p=3) received in a special escrow account. The [funds](/usc/42/12854.md?p=3) so deposited shall not be the property of the [United States](/usc/42/403.md?p=k). The [Secretary](/usc/42/242q–4.md?p=2) shall act as trustee for such [funds](/usc/42/12854.md?p=3) and shall invest them in interest-bearing [United States](/usc/42/403.md?p=k) Government Securities with the highest available yield. Such [funds](/usc/42/12854.md?p=3) shall be held by the [Secretary](/usc/42/242q–4.md?p=2) until—
      - (i) paid or repaid in accordance with subparagraph [(B)](#d-2-B) or [(C)](#d-2-C); or
      - (ii) paid to the [State](/usc/42/201.md?p=f) collecting such fees in accordance with [subparagraph (F)](#d-2-F).
    - (B) **Payments—**
      - (i) **July 1, 1986.—** The twenty-five per centum of any amount collected by a [State](/usc/42/201.md?p=f) under [paragraph (1)](#d-1) for [low-level radioactive waste](/usc/42/2021b.md?p=9-A) disposed of under this section during the period beginning on January 15, 1986, and ending June 30, 1986, and transferred to the [Secretary](/usc/42/242q–4.md?p=2) under [subparagraph (A)](#d-2-A), shall be paid by the [Secretary](/usc/42/242q–4.md?p=2) in accordance with [subparagraph (D)](#d-2-D) if the milestone described in [subsection (e)(1)(A)](#e-1-A) is met by the [State](/usc/42/201.md?p=f) in which such waste originated.
      - (ii) **January 1, 1988.—** The twenty-five per centum of any amount collected by a [State](/usc/42/201.md?p=f) under [paragraph (1)](#d-1) for [low-level radioactive waste](/usc/42/2021b.md?p=9-A) disposed of under this section during the period beginning July 1, 1986 and ending December 31, 1987, and transferred to the [Secretary](/usc/42/242q–4.md?p=2) under [subparagraph (A)](#d-2-A), shall be paid by the [Secretary](/usc/42/242q–4.md?p=2) in accordance with [subparagraph (D)](#d-2-D) if the milestone described in [subsection (e)(1)(B)](#e-1-B) is met by the [State](/usc/42/201.md?p=f) in which such waste originated (or its [compact region](/usc/42/2021b.md?p=6), where applicable).
      - (iii) **January 1, 1990.—** The twenty-five per centum of any amount collected by a [State](/usc/42/201.md?p=f) under [paragraph (1)](#d-1) for [low-level radioactive waste](/usc/42/2021b.md?p=9-A) disposed of under this section during the period beginning January 1, 1988 and ending December 31, 1989, and transferred to the [Secretary](/usc/42/242q–4.md?p=2) under [subparagraph (A)](#d-2-A), shall be paid by the [Secretary](/usc/42/242q–4.md?p=2) in accordance with [subparagraph (D)](#d-2-D) if the milestone described in [subsection (e)(1)(C)](#e-1-C) is met by the [State](/usc/42/201.md?p=f) in which such waste originated (or its [compact region](/usc/42/2021b.md?p=6), where applicable).
      - (iv) The twenty-five per centum of any amount collected by a [State](/usc/42/201.md?p=f) under [paragraph (1)](#d-1) for [low-level radioactive waste](/usc/42/2021b.md?p=9-A) disposed of under this section during the period beginning January 1, 1990 and ending December 31, 1992, and transferred to the [Secretary](/usc/42/242q–4.md?p=2) under subparagrah[^1] (A), shall be paid by the [Secretary](/usc/42/242q–4.md?p=2) in accordance with [subparagraph (D)](#d-2-D) if, by January 1, 1993, the [State](/usc/42/201.md?p=f) in which such waste originated (or its [compact region](/usc/42/2021b.md?p=6), where applicable) is able to provide for the [disposal](/usc/42/2021b.md?p=7) of all [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated within such [State](/usc/42/201.md?p=f) or [compact region](/usc/42/2021b.md?p=6).
    - (C) **Failure to meet January 1, 1993 deadline—** If, by January 1, 1993, a [State](/usc/42/201.md?p=f) (or, where applicable, a [compact region](/usc/42/2021b.md?p=6)) in which [low-level radioactive waste](/usc/42/2021b.md?p=9-A) is generated is unable to provide for the [disposal](/usc/42/2021b.md?p=7) of all such waste generated within such [State](/usc/42/201.md?p=f) or [compact region](/usc/42/2021b.md?p=6)—
      - (i) each [State](/usc/42/201.md?p=f) in which such waste is generated, upon the request of the generator or [owner](/usc/42/13641.md?p=4) of the waste, shall take title to the waste, shall be obligated to take possession of the waste, and shall be liable for all [damages](/usc/42/9601.md?p=6) directly or indirectly incurred by such generator or [owner](/usc/42/13641.md?p=4) as a consequence of the failure of the [State](/usc/42/201.md?p=f) to take possession of the waste as soon after January 1, 1993 as the generator or [owner](/usc/42/13641.md?p=4) notifies the [State](/usc/42/201.md?p=f) that the waste is available for shipment; or
      - (ii) if such [State](/usc/42/201.md?p=f) elects not to take title to, take possession of, and assume liability for such waste, pursuant to [clause (i)](#d-2-C-i), twenty-five per centum of any amount collected by a [State](/usc/42/201.md?p=f) under [paragraph (1)](#d-1) for [low-level radioactive waste](/usc/42/2021b.md?p=9-A) disposed of under this section during the period beginning January 1, 1990 and ending December 31, 1992 shall be repaid, with interest, to each generator from whom such surcharge was collected. Repayments made pursuant to this clause shall be made on a monthly basis, with the first such repayment beginning on February 1, 1993, in an amount equal to one thirty-sixth of the total amount required to be repaid pursuant to this clause, and shall continue until the [State](/usc/42/201.md?p=f) (or, where applicable, [compact region](/usc/42/2021b.md?p=6)) in which such [low-level radioactive waste](/usc/42/2021b.md?p=9-A) is generated is able to provide for the [disposal](/usc/42/2021b.md?p=7) of all such waste generated within such [State](/usc/42/201.md?p=f) or [compact region](/usc/42/2021b.md?p=6) or until January 1, 1996, whichever is earlier.

      If a [State](/usc/42/201.md?p=f) in which [low-level radioactive waste](/usc/42/2021b.md?p=9-A) is generated elects to take title to, take possession of, and assume liability for such waste pursuant to [clause (i)](#d-2-C-i), such [State](/usc/42/201.md?p=f) shall be paid such amounts as are designated in [subparagraph (B)(iv)](#d-2-B-iv). If a [State](/usc/42/201.md?p=f) (or, where applicable, a [compact region](/usc/42/2021b.md?p=6)) in which [low-level radioactive waste](/usc/42/2021b.md?p=9-A) is generated provides for the [disposal](/usc/42/2021b.md?p=7) of such waste at any time after January 1, 1993 and prior to January 1, 1996, such [State](/usc/42/201.md?p=f) (or, where applicable, [compact region](/usc/42/2021b.md?p=6)) shall be paid in accordance with [subparagraph (D)](#d-2-D) a lump sum amount equal to twenty-five per centum of any amount collected by a [State](/usc/42/201.md?p=f) under [paragraph (1)](#d-1): Provided, however, That such payment shall be adjusted to reflect the remaining number of months between January 1, 1993 and January 1, 1996 for which such [State](/usc/42/201.md?p=f) (or, where applicable, [compact region](/usc/42/2021b.md?p=6)) provides for the [disposal](/usc/42/2021b.md?p=7) of such waste. If a [State](/usc/42/201.md?p=f) (or, where applicable, a [compact region](/usc/42/2021b.md?p=6)) in which [low-level radioactive waste](/usc/42/2021b.md?p=9-A) is generated is unable to provide for the [disposal](/usc/42/2021b.md?p=7) of all such waste generated within such [State](/usc/42/201.md?p=f) or [compact region](/usc/42/2021b.md?p=6) by January 1, 1996, each [State](/usc/42/201.md?p=f) in which such waste is generated, upon the request of the generator or [owner](/usc/42/13641.md?p=4) of the waste, shall take title to the waste, be obligated to take possession of the waste, and shall be liable for all [damages](/usc/42/9601.md?p=6) directly or indirectly incurred by such generator or [owner](/usc/42/13641.md?p=4) as a consequence of the failure of the [State](/usc/42/201.md?p=f) to take possession of the waste as soon after January 1, 1996, as the generator or [owner](/usc/42/13641.md?p=4) notifies the [State](/usc/42/201.md?p=f) that the waste is available for shipment.

    - (D) **Recipients of payments—** The payments described in subparagraphs [(B)](#d-2-B) and [(C)](#d-2-C) shall be paid within thirty days after the applicable date—
      - (i) if the [State](/usc/42/201.md?p=f) in which such waste originated is not a member of a [compact region](/usc/42/2021b.md?p=6), to such [State](/usc/42/201.md?p=f);
      - (ii) if the [State](/usc/42/201.md?p=f) in which such waste originated is a member of the [compact region](/usc/42/2021b.md?p=6), to the [compact commission](/usc/42/2021b.md?p=5) serving such [State](/usc/42/201.md?p=f).
    - (E) **Uses of payments—**
      - (i) **Limitations—** Any amount paid under subparagraphs [(B)](#d-2-B) or [(C)](#d-2-C) may only be used to—
        - (I) establish [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facilities](/usc/42/11049.md?p=4);
        - (II) mitigate the impact of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facilities](/usc/42/11049.md?p=4) on the host [State](/usc/42/201.md?p=f);
        - (III) regulate [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facilities](/usc/42/11049.md?p=4); or
        - (IV) ensure the decommissioning, closure, and care during the period of institutional control of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facilities](/usc/42/11049.md?p=4).
      - (ii) **Reports—**
        - (I) **Recipient—** Any [State](/usc/42/201.md?p=f) or [compact commission](/usc/42/2021b.md?p=5) receiving a payment under subparagraphs [(B)](#d-2-B) or [(C)](#d-2-C) shall, on December 31 of each year in which any such [funds](/usc/42/12854.md?p=3) are expended, submit a report to the Department of [Energy](/usc/42/6311.md?p=7) itemizing any such expenditures.
        - (II) **Department of Energy—** Not later than six months after receiving the reports under [subclause (I)](#d-2-E-ii-I), the [Secretary](/usc/42/242q–4.md?p=2) shall submit to the Congress a summary of all such reports that shall include an assessment of the compliance of each such [State](/usc/42/201.md?p=f) or [compact commission](/usc/42/2021b.md?p=5) with the requirements of [clause (i)](#d-2-E-i).
    - (F) **Payment to States—** Any amount collected by a [State](/usc/42/201.md?p=f) under [paragraph (1)](#d-1) that is placed in escrow under [subparagraph (A)](#d-2-A) and not paid to a [State](/usc/42/201.md?p=f) or [compact commission](/usc/42/2021b.md?p=5) under subparagraphs [(B)](#d-2-B) and [(C)](#d-2-C) or not repaid to a generator under [subparagraph (C)](#d-2-C) shall be paid from such escrow account to such [State](/usc/42/201.md?p=f) collecting such payment under [paragraph (1)](#d-1). Such payment shall be made not later than 30 days after a determination of ineligibility for a refund is made.
    - (G) **Penalty surcharges—** No rebate shall be made under this subsection of any surcharge or penalty surcharge paid during a period of noncompliance with [subsection (e)(1)](#e-1).
- (e) **Requirements for access to regional disposal facilities—**
  - (1) **Requirements for non-sited compact regions and non-member States—** Each [non-sited compact region](/usc/42/2021b.md?p=10), or [State](/usc/42/201.md?p=f) that is not a member of a [compact region](/usc/42/2021b.md?p=6) that does not have an operating [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4), shall comply with the following requirements:
    - (A) By July 1, 1986, each such non-member [State](/usc/42/201.md?p=f) shall ratify [compact](/usc/42/2021b.md?p=4) legislation or, by the enactment of legislation or the certification of the [Governor](/usc/42/6372.md?p=1), indicate its intent to develop a site for the location of a [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) within such [State](/usc/42/201.md?p=f).
    - (B) By January 1, 1988
      - (i) each [non-sited compact region](/usc/42/2021b.md?p=10) shall identify the [State](/usc/42/201.md?p=f) in which its [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) is to be located, or shall have selected the developer for such [facility](/usc/42/11049.md?p=4) and the site to be developed, and each [compact region](/usc/42/2021b.md?p=6) or the [State](/usc/42/201.md?p=f) in which its [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) is to be located shall develop a siting plan for such [facility](/usc/42/11049.md?p=4) providing detailed procedures and a schedule for establishing a [facility](/usc/42/11049.md?p=4) location and preparing a [facility](/usc/42/11049.md?p=4) license application and shall delegate authority to implement such plan;
      - (ii) each non-member [State](/usc/42/201.md?p=f) shall develop a siting plan providing detailed procedures and a schedule for establishing a [facility](/usc/42/11049.md?p=4) location and preparing a [facility](/usc/42/11049.md?p=4) license application for a [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) and shall delegate authority to implement such plan; and
      - (iii) The siting plan required pursuant to this paragraph shall include a description of the optimum way to attain operation of the [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) involved, within the time period specified in [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title. Such plan shall include a description of the objectives and a sequence of deadlines for all entities required to take action to implement such plan, including, to the extent practicable, an identification of the activities in which a delay in the start, or completion, of such activities will [cause](/usc/42/9908.md?p=c-2) a delay in beginning [facility](/usc/42/11049.md?p=4) operation. Such plan shall also identify, to the extent practicable, the process for (1) screening for broad siting areas; (2) identifying and evaluating specific [candidate sites](/usc/42/10101.md?p=4); and (3) characterizing the preferred site(s), completing all necessary [environmental assessments](/usc/42/4336e.md?p=4), and preparing a license application for submission to the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) or an [Agreement State](/usc/42/2021b.md?p=1).
    - (C) By January 1, 1990
      - (i) a complete application (as determined by the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) or the appropriate [agency](/usc/42/2231.md?p=a) of an [agreement State](/usc/42/2021b.md?p=1)) shall be filed for a license to operate a [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) within each [non-sited compact region](/usc/42/2021b.md?p=10) or within each non-member [State](/usc/42/201.md?p=f); or
      - (ii) the [Governor](/usc/42/6372.md?p=1) (or, for any [State](/usc/42/201.md?p=f) without a [Governor](/usc/42/6372.md?p=1), the [chief executive officer](/usc/42/12511.md?p=9)) of any [State](/usc/42/201.md?p=f) that is not a member of a [compact region](/usc/42/2021b.md?p=6) in compliance with [clause (i)](#e-1-C-i), or has not complied with such clause by its own actions, shall provide a written certification to the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1), that such [State](/usc/42/201.md?p=f) will be capable of providing for, and will provide for, the storage, [disposal](/usc/42/2021b.md?p=7), or management of any [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated within such [State](/usc/42/201.md?p=f) and requiring [disposal](/usc/42/2021b.md?p=7) after December 31, 1992, and include a description of the actions that will be taken to ensure that such capacity exists.
    - (D) By January 1, 1992, a complete application (as determined by the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) or the appropriate [agency](/usc/42/2231.md?p=a) of an [agreement State](/usc/42/2021b.md?p=1)) shall be filed for a license to operate a [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) within each [non-sited compact region](/usc/42/2021b.md?p=10) or within each non-member [State](/usc/42/201.md?p=f).
    - (E) The Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) shall transmit any certification received under [subparagraph (C)](#e-1-C) to the Congress and publish any such certification in the Federal Register.
    - (F) Any [State](/usc/42/201.md?p=f) may, subject to all applicable provisions, if any, of any applicable [compact](/usc/42/2021b.md?p=4), enter into an [agreement](/usc/42/1320b–8.md?p=a-3-A) with the [compact commission](/usc/42/2021b.md?p=5) of a region in which a [regional disposal facility](/usc/42/2021b.md?p=11) is located to provide for the [disposal](/usc/42/2021b.md?p=7) of all [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated within such [State](/usc/42/201.md?p=f), and, by virtue of such [agreement](/usc/42/1320b–8.md?p=a-3-A), may, with the approval of the [State](/usc/42/201.md?p=f) in which the [regional disposal facility](/usc/42/2021b.md?p=11) is located, be deemed to be in compliance with subparagraphs [(A)](#e-1-A), [(B)](#e-1-B), [(C)](#e-1-C), and [(D)](#e-1-D).
  - (2) **Penalties for failure to comply—**
    - (A) **By July 1, 1986—** If any [State](/usc/42/201.md?p=f) fails to comply with [subparagraph (1)(A)](#e-1-A)—
      - (i) any generator of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) within such region or non-member [State](/usc/42/201.md?p=f) shall, for the period beginning July 1, 1986, and ending December 31, 1986, be charged 2 times the surcharge otherwise applicable under [subsection (d)](#d); and
      - (ii) on or after January 1, 1987, any [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated within such region or non-member [State](/usc/42/201.md?p=f) may be denied access to the [regional disposal facilities](/usc/42/2021b.md?p=11) referred to in [paragraphs (1) through (3)](#b-1..b-3) of subsection (b).
    - (B) **By January 1, 1988—** If any [non-sited compact region](/usc/42/2021b.md?p=10) or non-member [State](/usc/42/201.md?p=f) fails to comply with [paragraph (1)(B)](#e-1-B)—
      - (i) any generator of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) within such region or non-member [State](/usc/42/201.md?p=f) shall—
        - (I) for the period beginning January 1, 1988, and ending June 30, 1988, be charged 2 times the surcharge otherwise applicable under [subsection (d)](#d); and
        - (II) for the period beginning July 1, 1988, and ending December 31, 1988, be charged 4 times the surcharge otherwise applicable under [subsection (d)](#d); and
      - (ii) on or after January 1, 1989, any [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated within such region or non-member [State](/usc/42/201.md?p=f) may be denied access to the [regional disposal facilities](/usc/42/2021b.md?p=11) referred to in [paragraphs (1) through (3)](#b-1..b-3) of subsection (b).
    - (C) **By January 1, 1990—** If any [non-sited compact region](/usc/42/2021b.md?p=10) or non-member [State](/usc/42/201.md?p=f) fails to comply with [paragraph (1)(C)](#e-1-C), any [low-level radioactive waste](/usc/42/2021b.md?p=9-A) generated within such region or non-member [State](/usc/42/201.md?p=f) may be denied access to the [regional disposal facilities](/usc/42/2021b.md?p=11) referred to in [paragraphs (1) through (3)](#b-1..b-3) of subsection (b).
    - (D) **By January 1, 1992—** If any [non-sited compact region](/usc/42/2021b.md?p=10) or non-member [State](/usc/42/201.md?p=f) fails to comply with [paragraph (1)(D)](#e-1-D), any generator of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) within such region or non-member [State](/usc/42/201.md?p=f) shall, for the period beginning January 1, 1992 and ending upon the filing of the application described in [paragraph (1)(D)](#e-1-D), be charged 3 times the surcharge otherwise applicable under [subsection (d)](#d).
  - (3) **Denial of access—** No denial or suspension of access to a [regional disposal facility](/usc/42/2021b.md?p=11) under [paragraph (2)](#e-2) may be based on the source, class, or type of [low-level radioactive waste](/usc/42/2021b.md?p=9-A).
  - (4) **Restoration of suspended access; penalties for failure to comply—** Any access to a [regional disposal facility](/usc/42/2021b.md?p=11) that is suspended under [paragraph (2)](#e-2) shall be restored after the [non-sited compact region](/usc/42/2021b.md?p=10) or non-member [State](/usc/42/201.md?p=f) involved complies with such requirement. Any payment of surcharge penalties pursuant to [paragraph (2)](#e-2) for failure to comply with the requirements of this subsection shall be terminated after the [non-sited compact region](/usc/42/2021b.md?p=10) or non-member [State](/usc/42/201.md?p=f) involved complies with such requirements.
- (f) **Monitoring of compliance and denial of access to non-Federal facilities for noncompliance; information requirements of certain States; proprietary information—**
  - (1) **Administration—** Each [State](/usc/42/201.md?p=f) and [compact commission](/usc/42/2021b.md?p=5) in which a [regional disposal facility](/usc/42/2021b.md?p=11) referred to in [paragraphs (1) through (3)](#b-1..b-3) of subsection (b) is located shall have authority—
    - (A) to monitor compliance with the limitations, [allocations](/usc/42/2021b.md?p=2), and requirements established in this section; and
    - (B) to deny access to any non-Federal [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facilities](/usc/42/11049.md?p=4) within its borders to any [low-level radioactive waste](/usc/42/2021b.md?p=9-A) that—
      - (i) is in excess of the limitations or [allocations](/usc/42/2021b.md?p=2) established in this section; or
      - (ii) is not required to be accepted due to the failure of a [compact region](/usc/42/2021b.md?p=6) or [State](/usc/42/201.md?p=f) to comply with the requirements of [subsection (e)(1)](#e-1).
  - (2) **Availability of information during interim access period—**
    - (A) The [States](/usc/42/201.md?p=f) of South Carolina, Washington, and Nevada may require information from [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) operators, generators, intermediate handlers, and the Department of [Energy](/usc/42/6311.md?p=7) that is reasonably necessary to monitor the availability of [disposal](/usc/42/2021b.md?p=7) capacity, the use and assignment of [allocations](/usc/42/2021b.md?p=2) and the applicability of surcharges.
    - (B) The [States](/usc/42/201.md?p=f) of South Carolina, Washington, and Nevada may, after written notice followed by a period of at least 30 days, deny access to [disposal](/usc/42/2021b.md?p=7) capacity to any generator or intermediate handler who fails to provide information under [subparagraph (A)](#f-2-A).
    - (C) **Proprietary information.—**
      - (i) Trade secrets, proprietary and other confidential information shall be made available to a [State](/usc/42/201.md?p=f) under this subsection upon request only if such [State](/usc/42/201.md?p=f)—
        - (I) consents in writing to restrict the dissemination of the information to those who are directly involved in monitoring under [subparagraph (A)](#f-2-A) and who have a need to know;
        - (II) accepts liability for wrongful disclosure; and
        - (III) demonstrates that such information is essential to such monitoring.
      - (ii) The [United States](/usc/42/403.md?p=k) shall not be liable for the wrongful disclosure by any individual or [State](/usc/42/201.md?p=f) of any information provided to such individual or [State](/usc/42/201.md?p=f) under this subsection.
      - (iii) Whenever any individual or [State](/usc/42/201.md?p=f) has obtained possession of information under this subsection, the individual shall be subject to the same provisions of law with respect to the disclosure of such information as would apply to an officer or [employee](/usc/42/1320a–7h.md?p=e-7) of the [United States](/usc/42/403.md?p=k) or of any department or [agency](/usc/42/2231.md?p=a) thereof and the [State](/usc/42/201.md?p=f) shall be subject to the same provisions of law with respect to the disclosure of such information as would apply to the [United States](/usc/42/403.md?p=k) or any department or [agency](/usc/42/2231.md?p=a) thereof. No [State](/usc/42/201.md?p=f) or [State](/usc/42/201.md?p=f) officer or [employee](/usc/42/1320a–7h.md?p=e-7) who receives trade secrets, proprietary information, or other confidential information under [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title may be required to disclose such information under [State](/usc/42/201.md?p=f) law.
- (g) **Nondiscrimination—** Except as provided in [subsections (b) through (e)](#b..e), [low-level radioactive waste](/usc/42/2021b.md?p=9-A) disposed of under this section shall be subject without discrimination to all applicable legal requirements of the [compact region](/usc/42/2021b.md?p=6) and [State](/usc/42/201.md?p=f) in which the [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) is located as if such [low-level radioactive waste](/usc/42/2021b.md?p=9-A) were generated within such [compact region](/usc/42/2021b.md?p=6).

# §2021f. Emergency access

- (a) **In general—** The Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) may grant emergency access to any [regional disposal facility](/usc/42/2021b.md?p=11) or non-Federal [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) within a [State](/usc/42/201.md?p=f) that is not a member of a [compact](/usc/42/2021b.md?p=4) for specific [low-level radioactive waste](/usc/42/2021b.md?p=9-A), if necessary to eliminate an immediate and serious threat to the public health and safety or the common defense and security. The procedure for granting emergency access shall be as provided in this section.
- (b) **Request for emergency access—** Any generator of [low-level radioactive waste](/usc/42/2021b.md?p=9-A), or any [Governor](/usc/42/6372.md?p=1) (or, for any [State](/usc/42/201.md?p=f) without a [Governor](/usc/42/6372.md?p=1), the [chief executive officer](/usc/42/12511.md?p=9) of the [State](/usc/42/201.md?p=f)) on behalf of any generator or generators located in his or her [State](/usc/42/201.md?p=f), may request that the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) grant emergency access to a [regional disposal facility](/usc/42/2021b.md?p=11) or a non-Federal [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) within a [State](/usc/42/201.md?p=f) that is not a member of a [compact](/usc/42/2021b.md?p=4) for specific [low-level radioactive waste](/usc/42/2021b.md?p=9-A). Any such request shall contain any information and certifications the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) may require.
- (c) **Determination of Nuclear Regulatory Commission—**
  - (1) **Required determination—** Not later than 45 days after receiving a request under [subsection (b)](#b), the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) shall determine whether—
    - (A) emergency access is necessary because of an immediate and serious threat to the public health and safety or the common defense and security; and
    - (B) the threat cannot be mitigated by any alternative consistent with the public health and safety, including storage of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) at the site of generation or in a storage [facility](/usc/42/11049.md?p=4) obtaining access to a [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) by voluntary [agreement](/usc/42/1320b–8.md?p=a-3-A), purchasing [disposal](/usc/42/2021b.md?p=7) capacity available for assignment pursuant to [section 2021e(c) of this title](/usc/42/2021e.md?p=c) or ceasing activities that [generate](/usc/42/2021b.md?p=8) [low-level radioactive waste](/usc/42/2021b.md?p=9-A).
  - (2) **Required notification—** If the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) makes the determinations required in [paragraph (1)](#c-1) in the affirmative, it shall designate an appropriate non-Federal [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) or [facilities](/usc/42/11049.md?p=4), and notify the [Governor](/usc/42/6372.md?p=1) (or [chief executive officer](/usc/42/12511.md?p=9)) of the [State](/usc/42/201.md?p=f) in which such [facility](/usc/42/11049.md?p=4) is located and the appropriate [compact commission](/usc/42/2021b.md?p=5) that emergency access is required. Such notification shall specifically describe the [low-level radioactive waste](/usc/42/2021b.md?p=9-A) as to source, physical and radiological characteristics, and the minimum volume and duration, not exceeding 180 days, necessary to alleviate the immediate threat to public health and safety or the common defense and security. The Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) shall also notify the [Governor](/usc/42/6372.md?p=1) (or [chief executive officer](/usc/42/12511.md?p=9)) of the [State](/usc/42/201.md?p=f) in which the [low-level radioactive waste](/usc/42/2021b.md?p=9-A) requiring emergency access was generated that emergency access has been granted and that, pursuant to [subsection (e)](#e), no extension of emergency access may be granted absent diligent [State](/usc/42/201.md?p=f) action during the period of the initial grant.
- (d) **Temporary emergency access—** Upon determining that emergency access is necessary because of an immediate and serious threat to the public health and safety or the common defense and security, the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) may at its discretion grant temporary emergency access, pending its determination whether the threat could be mitigated by any alternative consistent with the public health and safety. In granting access under this subsection, the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) shall provide the same notification and information required under [subsection (c)](#c). Absent a determination that no alternative consistent with the public health and safety would mitigate the threat, access granted under this subsection shall expire 45 days after the granting of temporary emergency access under this subsection.
- (e) **Extension of emergency access—** The Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) may grant one extension of emergency access beyond the period provided in [subsection (c)](#c), if it determines that emergency access continues to be necessary because of an immediate and serious threat to the public health and safety or the common defense and security that cannot be mitigated by any alternative consistent with the public health and safety, and that the generator of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) granted emergency access and the [State](/usc/42/201.md?p=f) in which such [low-level radioactive waste](/usc/42/2021b.md?p=9-A) was generated have diligently though unsuccessfully acted during the period of the initial grant to eliminate the need for emergency access. Any extension granted under this subsection shall be for the minimum volume and duration the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) finds necessary to eliminate the immediate threat to public health and safety or the common defense and security, and shall not in any event exceed 180 days.
- (f) **Reciprocal access—** Any [compact region](/usc/42/2021b.md?p=6) or [State](/usc/42/201.md?p=f) not a member of a [compact](/usc/42/2021b.md?p=4) that provides emergency access to non-Federal [disposal](/usc/42/2021b.md?p=7) [facilities](/usc/42/11049.md?p=4) within its borders shall be entitled to reciprocal access to any subsequently operating non-Federal [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) that serves the [State](/usc/42/201.md?p=f) or [compact region](/usc/42/2021b.md?p=6) in which [low-level radioactive waste](/usc/42/2021b.md?p=9-A) granted emergency access was generated. The [compact commission](/usc/42/2021b.md?p=5) or [State](/usc/42/201.md?p=f) having authority to approve [importation](/usc/42/6311.md?p=7) of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) to the [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) to which emergency access was granted shall designate for reciprocal access an equal volume of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) having similar characteristics to that provided emergency access.
- (g) **Approval by compact commission—** Any grant of access under this section shall be submitted to the [compact commission](/usc/42/2021b.md?p=5) for the region in which the designated [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) is located for such approval as may be required under the terms of its [compact](/usc/42/2021b.md?p=4). Any such [compact commission](/usc/42/2021b.md?p=5) shall act to approve emergency access not later than 15 days after receiving notification from the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1), or reciprocal access not later than 15 days after receiving notification from the appropriate authority under [subsection (f)](#f).
- (h) **Limitations—** No [State](/usc/42/201.md?p=f) shall be required to provide emergency or reciprocal access to any [regional disposal facility](/usc/42/2021b.md?p=11) within its borders for [low-level radioactive waste](/usc/42/2021b.md?p=9-A) not meeting criteria established by the license or license [agreement](/usc/42/1320b–8.md?p=a-3-A) of such [facility](/usc/42/11049.md?p=4), or in excess of the approved capacity of such [facility](/usc/42/11049.md?p=4), or to delay the closing of any such [facility](/usc/42/11049.md?p=4) pursuant to plans established before receiving a request for emergency or reciprocal access. No [State](/usc/42/201.md?p=f) shall, during any 12-month period, be required to provide emergency or reciprocal access to any [regional disposal facility](/usc/42/2021b.md?p=11) within its borders for more than 20 percent of the total volume of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) accepted for [disposal](/usc/42/2021b.md?p=7) at such [facility](/usc/42/11049.md?p=4) during the previous calendar year.
- (i) **Volume reduction and surcharges—** Any [low-level radioactive waste](/usc/42/2021b.md?p=9-A) delivered for [disposal](/usc/42/2021b.md?p=7) under this section shall be reduced in volume to the maximum extent practicable and shall be subject to surcharges established in [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title.
- (j) **Deduction from allocation—** Any volume of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) granted emergency or reciprocal access under this section, if generated by any [commercial nuclear power reactor](/usc/42/2021b.md?p=3), shall be deducted from the [low-level radioactive waste](/usc/42/2021b.md?p=9-A) volume allocable under [section 2021e(c) of this title](/usc/42/2021e.md?p=c).
- (k) **Agreement States—** Any [agreement](/usc/42/1320b–8.md?p=a-3-A) under [section 2021 of this title](/usc/42/2021.md) shall not be applicable to the determinations of the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) under this section.

# §2021g. Responsibilities of Department of Energy

- (a) **Financial and technical assistance—** The [Secretary](/usc/42/242q–4.md?p=2) shall, to the extent provided in appropriations Act, provide to those [compact regions](/usc/42/2021b.md?p=6), host [States](/usc/42/201.md?p=f), and nonmember [States](/usc/42/201.md?p=f) detemined[^1] by the [Secretary](/usc/42/242q–4.md?p=2) to require assistance for purposes of carrying out [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title—
  - (1) continuing technical assistance to assist them in fulfilling their responsibilities under [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title. Such technical assistance shall include, but not be limited to, technical guidelines for site selection, alternative technologies for [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7), volume reduction options, management techniques to reduce low-level waste generation, transportation [practices](/usc/42/17061.md?p=19) for shipment of low-level wastes, health and safety considerations in the storage, shipment and [disposal](/usc/42/2021b.md?p=7) of [low-level radioactive wastes](/usc/42/2021b.md?p=9-A), and establishment of a computerized data-base to monitor the management of [low-level radioactive wastes](/usc/42/2021b.md?p=9-A); and
  - (2) through the end of fiscal year 1993, financial assistance to assist them in fulfilling their responsibilities under [sections 2021b to 2021j](/usc/42/2021b..2021j.md) of this title.
- (b) **Omitted—**

# §2021h. Alternative disposal methods

- (a) Not later than 12 months after January 15, 1986, the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) shall, in consultation with the [States](/usc/42/201.md?p=f) and other interested [persons](/usc/42/1320a–7k.md?p=d-4-C-i), identify methods for the [disposal](/usc/42/2021b.md?p=7) of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) other than shallow land burial, and establish and publish technical guidance regarding licensing of [facilities](/usc/42/11049.md?p=4) that use such methods.
- (b) Not later than 24 months after January 15, 1986, the [Commission](/usc/42/2000ff.md?p=1) shall, in consultation with the [States](/usc/42/201.md?p=f) and other interested [persons](/usc/42/1320a–7k.md?p=d-4-C-i), identify and publish all relevant technical information regarding the methods identified pursuant to [subsection (a)](#a) that a [State](/usc/42/201.md?p=f) or [compact](/usc/42/2021b.md?p=4) must provide to the [Commission](/usc/42/2000ff.md?p=1) in order to pursue such methods, together with the technical requirements that such [facilities](/usc/42/11049.md?p=4) must meet, in the judgment of the [Commission](/usc/42/2000ff.md?p=1), if pursued as an alternative to shallow land burial. Such technical information and requirements shall include, but need not be limited to, site suitability, site design, [facility](/usc/42/11049.md?p=4) operation, [disposal](/usc/42/2021b.md?p=7) site closure, and environmental monitoring, as necessary to meet the performance objectives established by the [Commission](/usc/42/2000ff.md?p=1) for a licensed [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4). The [Commission](/usc/42/2000ff.md?p=1) shall specify and publish such requirements in a manner and form deemed appropriate by the [Commission](/usc/42/2000ff.md?p=1).

# §2021i. Licensing review and approval


In order to ensure the timely development of new [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) [facilities](/usc/42/11049.md?p=4), the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) or, as appropriate, [agreement States](/usc/42/2021b.md?p=1), shall consider an application for a [disposal](/usc/42/2021b.md?p=7) [facility](/usc/42/11049.md?p=4) license in accordance with the laws applicable to such application, except that the [Commission](/usc/42/2000ff.md?p=1) and the [agreement state](/usc/42/2021b.md?p=1)[^1] shall—

- (1) not later than 12 months after January 15, 1986, establish procedures and develop the technical capability for processing applications for such licenses;
- (2) to the extent practicable, complete all activities associated with the review and processing of any application for such a license (except for public hearings) no later than 15 months after the date of receipt of such application; and
- (3) to the extent practicable, consolidate all required technical and environmental reviews and public hearings.

# §2021j. Radioactive waste below regulatory concern

- (a) Not later than 6 months after January 15, 1986, the [Commission](/usc/42/2000ff.md?p=1) shall establish [standards](/usc/42/1320d.md?p=7) and procedures, pursuant to existing authority, and develop the technical capability for considering and acting upon petitions to exempt specific radioactive waste streams from regulation by the [Commission](/usc/42/2000ff.md?p=1) due to the presence of radionuclides in such waste streams in sufficiently low concentrations or quantities as to be below regulatory concern.
- (b) The [standards](/usc/42/1320d.md?p=7) and procedures established by the [Commission](/usc/42/2000ff.md?p=1) pursuant to [subsection (a)](#a) shall set forth all information required to be submitted to the [Commission](/usc/42/2000ff.md?p=1) by licensees in support of such petitions, including, but not limited to—
  - (1) a detailed description of the waste materials, including their origin, chemical composition, physical [state](/usc/42/201.md?p=f), volume, and mass; and
  - (2) the concentration or contamination levels, half-lives, and identities of the radionuclides present.

  Such [standards](/usc/42/1320d.md?p=7) and procedures shall provide that, upon receipt of a petition to exempt a specific radioactive waste stream from regulation by the [Commission](/usc/42/2000ff.md?p=1), the [Commission](/usc/42/2000ff.md?p=1) shall determine in an expeditious manner whether the concentration or quantity of radionuclides present in such waste stream requires regulation by the [Commission](/usc/42/2000ff.md?p=1) in order to protect the public health and safety. Where the [Commission](/usc/42/2000ff.md?p=1) determines that regulation of a radioactive waste stream is not necessary to protect the public health and safety, the [Commission](/usc/42/2000ff.md?p=1) shall take such steps as may be necessary, in an expeditious manner, to exempt the [disposal](/usc/42/2021b.md?p=7) of such radioactive waste from regulation by the [Commission](/usc/42/2000ff.md?p=1).