---
kind: "section"
citation: "42 U.S.C. § 2021f"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2021f"
heading: "Emergency access"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2021f"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter I — General Provisions"
---

# §2021f. Emergency access

- (a) **In general—** The Nuclear Regulatory [Commission](/usc/42/2014.md?p=f) 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 within a [State](/usc/42/2021b.md?p=14) 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](/usc/42/2014.md?p=g). 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 (or, for any [State](/usc/42/2021b.md?p=14) without a Governor, the chief executive officer of the [State](/usc/42/2021b.md?p=14)) on behalf of any generator or generators located in his or her [State](/usc/42/2021b.md?p=14), may request that the Nuclear Regulatory [Commission](/usc/42/2014.md?p=f) 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 within a [State](/usc/42/2021b.md?p=14) 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/42/2014.md?p=f) 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/42/2014.md?p=f) 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](/usc/42/2014.md?p=g); 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 obtaining access to a [disposal](/usc/42/2021b.md?p=7) facility by voluntary agreement, 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/42/2014.md?p=f) 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 or facilities, and notify the Governor (or chief executive officer) of the [State](/usc/42/2021b.md?p=14) in which such facility 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](/usc/42/2014.md?p=g). The Nuclear Regulatory [Commission](/usc/42/2014.md?p=f) shall also notify the Governor (or chief executive officer) of the [State](/usc/42/2021b.md?p=14) 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/42/2021b.md?p=14) 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](/usc/42/2014.md?p=g), the Nuclear Regulatory [Commission](/usc/42/2014.md?p=f) 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/42/2014.md?p=f) 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/42/2014.md?p=f) 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](/usc/42/2014.md?p=g) 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/42/2021b.md?p=14) 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/42/2014.md?p=f) finds necessary to eliminate the immediate threat to public health and safety or the [common defense and security](/usc/42/2014.md?p=g), and shall not in any event exceed 180 days.
- (f) **Reciprocal access—** Any [compact region](/usc/42/2021b.md?p=6) or [State](/usc/42/2021b.md?p=14) 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 within its borders shall be entitled to reciprocal access to any subsequently operating non-Federal [disposal](/usc/42/2021b.md?p=7) facility that serves the [State](/usc/42/2021b.md?p=14) 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/42/2021b.md?p=14) having authority to approve importation of [low-level radioactive waste](/usc/42/2021b.md?p=9-A) to the [disposal](/usc/42/2021b.md?p=7) facility 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 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/42/2014.md?p=f), or reciprocal access not later than 15 days after receiving notification from the appropriate authority under [subsection (f)](#f).
- (h) **Limitations—** No [State](/usc/42/2021b.md?p=14) 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 of such facility, or in excess of the approved capacity of such facility, or to delay the closing of any such facility pursuant to plans established before receiving a request for emergency or reciprocal access. No [State](/usc/42/2021b.md?p=14) 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 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](/usc/42/2021b.md) to [2021j](/usc/42/2021j.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 under [section 2021 of this title](/usc/42/2021.md) shall not be applicable to the determinations of the Nuclear Regulatory [Commission](/usc/42/2014.md?p=f) under this section.

## Source credit

(Pub. L. 96–573, § 6, as added Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1855.)

## 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.