---
kind: "section"
citation: "42 U.S.C. § 2022"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2022"
heading: "Health and environmental standards for uranium mill tailings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2022"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter I — General Provisions"
---

# §2022. Health and environmental standards for uranium mill tailings

- (a) **Promulgation and revision of rules for protection from hazards at inactive or depository sites—** As soon as practicable, but not later than October 1, 1982, the [Administrator](/usc/42/4005.md?p=1) of the Environmental Protection [Agency](/usc/42/2231.md?p=a) (hereinafter referred to in this section as the “[Administrator](/usc/42/4005.md?p=1)”) shall, by rule, promulgate standards of general application (including standards applicable to licenses under section 104(h) of the Uranium Mill Tailings Radiation Control Act of 1978 [[42 U.S.C. 7914(h)](/usc/42/7914.md?p=h)]) for the protection of the public health, safety, and the environment from radiological and nonradiological hazards associated with residual radioactive materials (as defined in section 101 of the Uranium Mill Tailings Radiation Control Act of 1978 [[42 U.S.C. 7911](/usc/42/7911.md)]) located at inactive uranium mill tailings sites and depository sites for such materials selected by the [Secretary](/usc/42/242q–4.md?p=2) of Energy, pursuant to title I of the Uranium Mill Tailings Radiation Control Act of 1978 [[42 U.S.C. 7911](/usc/42/7911.md) et seq.]. Standards promulgated pursuant to this subsection shall, to the maximum extent practicable, be consistent with the requirements of the Solid Waste Disposal Act, as amended [[42 U.S.C. 6901](/usc/42/6901.md) et seq.]. In establishing such standards, the [Administrator](/usc/42/4005.md?p=1) shall consider the risk to the public health, safety, and the environment, the environmental and economic costs of applying such standards, and such other factors as the [Administrator](/usc/42/4005.md?p=1) determines to be appropriate. The [Administrator](/usc/42/4005.md?p=1) may periodically revise any standard promulgated pursuant to this subsection. After October 1, 1982, if the [Administrator](/usc/42/4005.md?p=1) has not promulgated standards in final form under this subsection, any action of the [Secretary](/usc/42/242q–4.md?p=2) of Energy under title I of the Uranium Mill Tailings Radiation Control Act of 1978 which is required to comply with, or be taken in accordance with, standards of the [Administrator](/usc/42/4005.md?p=1) shall comply with, or be taken in accordance with, the standards proposed by the [Administrator](/usc/42/4005.md?p=1) under this subsection until such time as the [Administrator](/usc/42/4005.md?p=1) promulgates such standards in final form.
- (b) **Promulgation and revision of rules for protection from hazards at processing or disposal sites—**
  - (1) As soon as practicable, but not later than October 31, 1982, the [Administrator](/usc/42/4005.md?p=1) shall, by rule, propose, and within 11 months thereafter promulgate in final form, standards of general application for the protection of the public health, safety, and the environment from radiological and nonradiological hazards associated with the processing and with the possession, transfer, and [disposal](/usc/42/2021b.md?p=7) of [byproduct material](/usc/42/2014.md?p=e), as defined in [section 2014(e)(2) of this title](/usc/42/2014.md?p=e-2), at sites at which ores are processed primarily for their [source material](/usc/42/2014.md?p=z) content or which are used for the [disposal](/usc/42/2021b.md?p=7) of such [byproduct material](/usc/42/2014.md?p=e). If the [Administrator](/usc/42/4005.md?p=1) fails to promulgate standards in final form under this subsection by October 1, 1983, the authority of the [Administrator](/usc/42/4005.md?p=1) to promulgate such standards shall terminate, and the [Commission](/usc/42/2014.md?p=f) may take actions under this chapter without regard to any provision of this chapter requiring such actions to comply with, or be taken in accordance with, standards promulgated by the [Administrator](/usc/42/4005.md?p=1). In any such case, the [Commission](/usc/42/2014.md?p=f) shall promulgate, and from time to time revise, any such standards of general application which the [Commission](/usc/42/2014.md?p=f) deems necessary to carry out its responsibilities in the conduct of its licensing activities under this chapter. Requirements established by the [Commission](/usc/42/2014.md?p=f) under this chapter with respect to [byproduct material](/usc/42/2014.md?p=e) as defined in [section 2014(e)(2) of this title](/usc/42/2014.md?p=e-2) shall conform to such standards. Any requirements adopted by the [Commission](/usc/42/2014.md?p=f) respecting such [byproduct material](/usc/42/2014.md?p=e) before promulgation by the [Commission](/usc/42/2014.md?p=f) of such standards shall be amended as the [Commission](/usc/42/2014.md?p=f) deems necessary to conform to such standards in the same manner as provided in [subsection (f)(3)](#f-3). Nothing in this subsection shall be construed to prohibit or suspend the implementation or enforcement by the [Commission](/usc/42/2014.md?p=f) of any requirement of the [Commission](/usc/42/2014.md?p=f) respecting [byproduct material](/usc/42/2014.md?p=e) as defined in [section 2014(e)(2) of this title](/usc/42/2014.md?p=e-2) pending promulgation by the [Commission](/usc/42/2014.md?p=f) of any such standard of general application. In establishing such standards, the [Administrator](/usc/42/4005.md?p=1) shall consider the risk to the public health, safety, and the environment, the environmental and economic costs of applying such standards, and such other factors as the [Administrator](/usc/42/4005.md?p=1) determines to be appropriate.
  - (2) Such generally applicable standards promulgated pursuant to this subsection for nonradiological hazards shall provide for the protection of human health and the environment consistent with the standards required under subtitle C of the Solid Waste Disposal Act, as amended [[42 U.S.C. 6921](/usc/42/6921.md) et seq.], which are applicable to such hazards: Provided, however, That no permit issued by the [Administrator](/usc/42/4005.md?p=1) is required under this chapter or the Solid Waste Disposal Act, as amended [[42 U.S.C. 6901](/usc/42/6901.md) et seq.], for the processing, possession, transfer, or [disposal](/usc/42/2021b.md?p=7) of [byproduct material](/usc/42/2014.md?p=e), as defined in [section 2014(e)(2) of this title](/usc/42/2014.md?p=e-2). The [Administrator](/usc/42/4005.md?p=1) may periodically revise any standard promulgated pursuant to this subsection. Within three years after such revision of any such standard, the [Commission](/usc/42/2014.md?p=f) and any [State](/usc/42/2021b.md?p=14) permitted to exercise authority under [section 2021(b)(2) of this title](/usc/42/2021.md?p=b-2) shall apply such revised standard in the case of any license for [byproduct material](/usc/42/2014.md?p=e) as defined in [section 2014(e)(2) of this title](/usc/42/2014.md?p=e-2) or any revision thereof.
- (c) **Publication in Federal Register; notice and hearing; consultations; judicial review; time for petition; venue; copy to Administrator; record; administrative jurisdiction; review by Supreme Court; effective date of rule—**
  - (1) Before the promulgation of any rule pursuant to this section, the [Administrator](/usc/42/4005.md?p=1) shall publish the proposed rule in the Federal Register, together with a statement of the research, analysis, and other available information in support of such proposed rule, and provide a period of public comment of at least thirty days for written comments thereon and an opportunity, after such comment period and after public notice, for any interested [person](/usc/42/2014.md?p=s) to present oral data, views, and arguments at a public hearing. There shall be a transcript of any such hearing. The [Administrator](/usc/42/4005.md?p=1) shall consult with the [Commission](/usc/42/2014.md?p=f) and the [Secretary](/usc/42/242q–4.md?p=2) of Energy before promulgation of any such rule.
  - (2) Judicial review of any rule promulgated under this section may be obtained by any interested [person](/usc/42/2014.md?p=s) only upon such [person](/usc/42/2014.md?p=s) filing a petition for review within sixty days after such promulgation in the [United States](/usc/42/2014.md?p=bb) court of appeals for the Federal judicial circuit in which such [person](/usc/42/2014.md?p=s) resides or has his principal place of business. A copy of the petition shall be forthwith transmitted by the clerk of court to the [Administrator](/usc/42/4005.md?p=1). The [Administrator](/usc/42/4005.md?p=1) thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which such rule was based as provided in [section 2112 of title 28](/usc/28/2112.md). The court shall have jurisdiction to review the rule in accordance with [chapter 7](/usc/5/chptI/ch7.md) of title 5 and to grant appropriate relief as provided in such chapter. The judgement of the court affirming, modifying, or setting aside, in whole or in part, any such rule shall be final, subject to judicial review by the Supreme Court of the [United States](/usc/42/2014.md?p=bb) upon certiorari or certification as provided in [section 1254 of title 28](/usc/28/1254.md).
  - (3) Any rule promulgated under this section shall not take effect earlier than sixty calendar days after such promulgation.
- (d) **Federal and State implementation and enforcement—** Implementation and enforcement of the standards promulgated pursuant to [subsection (b)](#b) of this section shall be the responsibility of the [Commission](/usc/42/2014.md?p=f) in the conduct of its licensing activities under this chapter. [States](/usc/42/2021b.md?p=14) exercising authority pursuant to [section 2021(b)(2) of this title](/usc/42/2021.md?p=b-2) shall implement and enforce such standards in accordance with [subsection (o)](/usc/42/2021.md) of such section.
- (e) **Other authorities of Administrator unaffected—** Nothing in this chapter applicable to [byproduct material](/usc/42/2014.md?p=e), as defined in [section 2014(e)(2) of this title](/usc/42/2014.md?p=e-2), shall affect the authority of the [Administrator](/usc/42/4005.md?p=1) under the Clean Air Act of 1970, as amended [[42 U.S.C. 7401](/usc/42/7401.md) et seq.], or the Federal Water Pollution Control Act, as amended [[33 U.S.C. 1251](/usc/33/1251.md) et seq.].
- (f) **Implementation or enforcement of Uranium Mill Licensing Requirements—**
  - (1) Prior to January 1, 1983, the [Commission](/usc/42/2014.md?p=f) shall not implement or enforce the provisions of the Uranium Mill Licensing Requirements published as final rules at 45 Federal Register 65521 to 65538 on October 3, 1980 (hereinafter in this subsection referred to as the “October 3 regulations”). After December 31, 1982, the [Commission](/usc/42/2014.md?p=f) is authorized to implement and enforce the provisions of such October 3 regulations (and any subsequent modifications or additions to such regulations which may be adopted by the [Commission](/usc/42/2014.md?p=f)), except as otherwise provided in paragraphs (2) and (3) of this subsection.
  - (2) Following the proposal by the [Administrator](/usc/42/4005.md?p=1) of standards under [subsection (b)](#b), the [Commission](/usc/42/2014.md?p=f) shall review the October 3 regulations, and, not later than 90 days after the date of such proposal, suspend implementation and enforcement of any provision of such regulations which the [Commission](/usc/42/2014.md?p=f) determines after notice and opportunity for public comment to require a major action or major commitment by licensees which would be unnecessary if—
    - (A) the standards proposed by the [Administrator](/usc/42/4005.md?p=1) are promulgated in final form without modification, and
    - (B) the [Commission](/usc/42/2014.md?p=f)’s requirements are modified to conform to such standards.

    Such suspension shall terminate on the earlier of April 1, 1984 or the date on which the [Commission](/usc/42/2014.md?p=f) amends the October 3 regulations to conform to final standards promulgated by the [Administrator](/usc/42/4005.md?p=1) under [subsection (b)](#b). During the period of such suspension, the [Commission](/usc/42/2014.md?p=f) shall continue to regulate [byproduct material](/usc/42/2014.md?p=e) (as defined in [section 2014(e)(2) of this title](/usc/42/2014.md?p=e-2)) under this chapter on a licensee-by-licensee basis as the [Commission](/usc/42/2014.md?p=f) deems necessary to protect public health, safety, and the environment.

  - (3) Not later than 6 months after the date on which the [Administrator](/usc/42/4005.md?p=1) promulgates final standards pursuant to [subsection (b)](#b) of this section, the [Commission](/usc/42/2014.md?p=f) shall, after notice and opportunity for public comment, amend the October 3 regulations, and adopt such modifications, as the [Commission](/usc/42/2014.md?p=f) deems necessary to conform to such final standards of the [Administrator](/usc/42/4005.md?p=1).
  - (4) Nothing in this subsection may be construed as affecting the authority or responsibility of the [Commission](/usc/42/2014.md?p=f) under [section 2114 of this title](/usc/42/2114.md) to promulgate regulations to protect the public health and safety and the environment.

## Source credit

(Aug. 1, 1946, ch. 724, title I, § 275, as added Pub. L. 95–604, title II, § 206(a), Nov. 8, 1978, 92 Stat. 3039; amended Pub. L. 97–415, §§ 18(a), 22(b), Jan. 4, 1983, 96 Stat. 2077, 2080; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

## Notes

### Editorial Notes

### References in Text

The Uranium Mill Tailings Radiation Control Act of 1978, referred to in subsec. (a), is Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021. Title I of such act is classified generally to subchapter I (§ 7911 et seq.) of chapter 88 of this title. For complete classification of this act to the Code, see Short Title note set out under section 7901 of this title and Tables.

The Solid Waste Disposal Act, as amended, referred to in subsecs. (a) and (b)(2), is title II of Pub. L. 89–272, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. Subtitle C of the Solid Waste Disposal Act is classified generally to subchapter III (§ 6921 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.

This chapter, referred to in subsecs. (b), (d), (e), and (f)(2), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

The Clean Air Act of 1970, as amended, referred to in subsec. (e), probably means the Clean Air Act, which is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables.

The Federal Water Pollution Control Act, as amended, referred to in subsec. (e), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

### Amendments

1983—Subsec. (a). Pub. L. 97–415, §§ 18(a)(1), 22(b)(1), substituted “October 1, 1982” for “one year after November 8, 1978” inserted provisions relating to the application of the Administrator’s proposed standards to actions by the Secretary of Energy in the event the Administrator fails to promulgate standards in final form after Oct. 1, 1982, and inserted provisions that in establishing standards, the Administrator shall consider risk to public health, safety, and the environment, environmental and economic costs of applying such standards, and such other factors as the Administrator determines to be appropriate.

Subsec. (b)(1). Pub. L. 97–415, §§ 18(a)(2), (3), 22(b)(2), substituted “October 31, 1982, the Administrator shall, by rule, propose, and within 11 months thereafter promulgate in final form,” for “eighteen months after November 8, 1978, the Administrator shall, by rule, promulgate” inserted provisions relating to the consequences of failure by the Administrator to promulgate standards in final form by Oct. 1, 1983, and inserted provisions that in establishing standards, the Administrator shall consider risk to public health, safety, and the environment, environmental and economic costs of applying such standards, and such other factors as the Administrator determines to be appropriate.

Subsec. (f). Pub. L. 97–415, § 18(a)(4), added subsec. (f).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Nov. 8, 1978, see section 208 of Pub. L. 95–604, set out as an Effective Date of 1978 Amendment note under section 2014 of this title.