---
kind: "section"
citation: "42 U.S.C. § 2021e"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2021e"
heading: "Limited availability of certain regional disposal facilities during transition and licensing periods"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2021e"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter I — General Provisions"
---

# §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)](#b) through [(g)](#g), each [State](/usc/42/2021b.md?p=14) in which there is located a [regional disposal facility](/usc/42/2021b.md?p=11) referred to in paragraphs [(1)](#b-1) through [(3)](#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)](#b) through [(g)](#g), each [State](/usc/42/2021b.md?p=14) in which there is located a [regional disposal facility](/usc/42/2021b.md?p=11) referred to in paragraphs [(1)](#b-1) through [(3)](#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)](#b-1) through [(3)](#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/42/2021b.md?p=14) in which a [regional disposal facility](/usc/42/2021b.md?p=11) referred to in paragraphs [(1)](#b-1) through [(3)](#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 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 within that same calendar year, would result in that facility 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 designated in [subsection (b)](#b): Provided, however, That in the event that all three [States](/usc/42/2021b.md?p=14) in which [regional disposal facilities](/usc/42/2021b.md?p=11) referred to in paragraphs [(1)](#b-1) through [(3)](#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/42/2021b.md?p=14) 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 designated in [subsection (b)](#b).
    - (C) Nothing in this paragraph shall require any [disposal](/usc/42/2021b.md?p=7) facility or [State](/usc/42/2021b.md?p=14) referred to in paragraphs [(1)](#b-1) through [(3)](#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/42/2021b.md?p=14) referred to in paragraphs [(1)](#b-1) through [(3)](#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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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)](#a) through [(g)](#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 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2014.md?p=s) in each [State](/usc/42/2021b.md?p=14) 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/42/2021b.md?p=14), 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](/usc/42/13641.md?p=4) or [operator](/usc/42/2014.md?p=r) 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/42/2021b.md?p=14) 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 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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 received in a special escrow account. The funds so deposited shall not be the property of the [United States](/usc/42/2014.md?p=bb). The [Secretary](/usc/42/242q–4.md?p=2) shall act as trustee for such funds and shall invest them in interest-bearing [United States](/usc/42/2014.md?p=bb) Government Securities with the highest available yield. Such funds 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) in which such waste originated.
      - (ii) **January 1, 1988.—** The twenty-five per centum of any amount collected by a [State](/usc/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) (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/42/2021b.md?p=14) or [compact region](/usc/42/2021b.md?p=6)—
      - (i) each [State](/usc/42/2021b.md?p=14) 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 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) that the waste is available for shipment; or
      - (ii) if such [State](/usc/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) (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/42/2021b.md?p=14) or [compact region](/usc/42/2021b.md?p=6) or until January 1, 1996, whichever is earlier.

      If a [State](/usc/42/2021b.md?p=14) 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/42/2021b.md?p=14) shall be paid such amounts as are designated in [subparagraph (B)(iv)](#d-2-B-iv). If a [State](/usc/42/2021b.md?p=14) (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/42/2021b.md?p=14) (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/42/2021b.md?p=14) 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/42/2021b.md?p=14) (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/42/2021b.md?p=14) (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/42/2021b.md?p=14) or [compact region](/usc/42/2021b.md?p=6) by January 1, 1996, each [State](/usc/42/2021b.md?p=14) 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 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) in which such waste originated is not a member of a [compact region](/usc/42/2021b.md?p=6), to such [State](/usc/42/2021b.md?p=14);
      - (ii) if the [State](/usc/42/2021b.md?p=14) 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/42/2021b.md?p=14).
    - (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;
        - (II) mitigate the impact of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) facilities on the host [State](/usc/42/2021b.md?p=14);
        - (III) regulate [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) facilities; 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.
      - (ii) **Reports—**
        - (I) **Recipient—** Any [State](/usc/42/2021b.md?p=14) 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 are expended, submit a report to the Department of Energy 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) under [paragraph (1)](#d-1) that is placed in escrow under [subparagraph (A)](#d-2-A) and not paid to a [State](/usc/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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, shall comply with the following requirements:
    - (A) By July 1, 1986, each such non-member [State](/usc/42/2021b.md?p=14) shall ratify [compact](/usc/42/2021b.md?p=4) legislation or, by the enactment of legislation or the certification of the Governor, 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 within such [State](/usc/42/2021b.md?p=14).
    - (B) By January 1, 1988
      - (i) each [non-sited compact region](/usc/42/2021b.md?p=10) shall identify the [State](/usc/42/2021b.md?p=14) in which its [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) facility is to be located, or shall have selected the developer for such facility and the site to be developed, and each [compact region](/usc/42/2021b.md?p=6) or the [State](/usc/42/2021b.md?p=14) in which its [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) facility is to be located shall develop a siting plan for such facility providing detailed procedures and a schedule for establishing a facility location and preparing a facility license application and shall delegate authority to implement such plan;
      - (ii) each non-member [State](/usc/42/2021b.md?p=14) shall develop a siting plan providing detailed procedures and a schedule for establishing a facility location and preparing a facility license application for a [low-level radioactive waste](/usc/42/2021b.md?p=9-A) [disposal](/usc/42/2021b.md?p=7) facility 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 involved, within the time period specified in sections [2021b](/usc/42/2021b.md) to [2021j](/usc/42/2021j.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 a delay in beginning facility 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; and (3) characterizing the preferred site(s), completing all necessary environmental assessments, and preparing a license application for submission to the Nuclear Regulatory [Commission](/usc/42/2014.md?p=f) 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/42/2014.md?p=f) 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 within each [non-sited compact region](/usc/42/2021b.md?p=10) or within each non-member [State](/usc/42/2021b.md?p=14); or
      - (ii) the Governor (or, for any [State](/usc/42/2021b.md?p=14) without a Governor, the chief executive officer) of any [State](/usc/42/2021b.md?p=14) 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/42/2014.md?p=f), that such [State](/usc/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2014.md?p=f) 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 within each [non-sited compact region](/usc/42/2021b.md?p=10) or within each non-member [State](/usc/42/2021b.md?p=14).
    - (E) The Nuclear Regulatory [Commission](/usc/42/2014.md?p=f) 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/42/2021b.md?p=14) may, subject to all applicable provisions, if any, of any applicable [compact](/usc/42/2021b.md?p=4), enter into an agreement 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/42/2021b.md?p=14), and, by virtue of such agreement, may, with the approval of the [State](/usc/42/2021b.md?p=14) 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/42/2021b.md?p=14) fails to comply with subparagraph (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/42/2021b.md?p=14) 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/42/2021b.md?p=14) may be denied access to the [regional disposal facilities](/usc/42/2021b.md?p=11) referred to in paragraphs [(1)](#b-1) through [(3)](#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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) may be denied access to the [regional disposal facilities](/usc/42/2021b.md?p=11) referred to in paragraphs [(1)](#b-1) through [(3)](#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/42/2021b.md?p=14) 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/42/2021b.md?p=14) may be denied access to the [regional disposal facilities](/usc/42/2021b.md?p=11) referred to in paragraphs [(1)](#b-1) through [(3)](#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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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)](#b-1) through [(3)](#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 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/42/2021b.md?p=14) to comply with the requirements of [subsection (e)(1)](#e-1).
  - (2) **Availability of information during interim access period—**
    - (A) The [States](/usc/42/2021b.md?p=14) of South Carolina, Washington, and Nevada may require information from [disposal](/usc/42/2021b.md?p=7) facility [operators](/usc/42/2014.md?p=r), generators, intermediate handlers, and the Department of Energy 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/42/2021b.md?p=14) 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/42/2021b.md?p=14) under this subsection upon request only if such [State](/usc/42/2021b.md?p=14)—
        - (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/42/2014.md?p=bb) shall not be liable for the wrongful disclosure by any individual or [State](/usc/42/2021b.md?p=14) of any information provided to such individual or [State](/usc/42/2021b.md?p=14) under this subsection.
      - (iii) Whenever any individual or [State](/usc/42/2021b.md?p=14) 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 of the [United States](/usc/42/2014.md?p=bb) or of any department or [agency](/usc/42/2231.md?p=a) thereof and the [State](/usc/42/2021b.md?p=14) 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/42/2014.md?p=bb) or any department or [agency](/usc/42/2231.md?p=a) thereof. No [State](/usc/42/2021b.md?p=14) or [State](/usc/42/2021b.md?p=14) officer or employee who receives trade secrets, proprietary information, or other confidential information under sections [2021b](/usc/42/2021b.md) to [2021j](/usc/42/2021j.md) of this title may be required to disclose such information under [State](/usc/42/2021b.md?p=14) law.
- (g) **Nondiscrimination—** Except as provided in subsections [(b)](#b) through [(e)](#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/42/2021b.md?p=14) in which the [disposal](/usc/42/2021b.md?p=7) facility 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).

## Footnotes

[^1]: So in original. Probably should be “subparagraph”.

## Source credit

(Pub. L. 96–573, § 5, as added Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1846.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

### Constitutionality

For constitutionality of section 102 of Pub. L. 99–240, see note under section 2021b of this title.