### §2021b. Definitions

For purposes of sections 2021b to 2021j of this title:

#### (1) Agreement State

The term "agreement State" means a State that—

(A) has entered into an agreement with the Nuclear Regulatory Commission under section 2021 of this title; and

(B) has authority to regulate the disposal of low-level radioactive waste under such agreement.

#### (2) Allocation

The term "allocation" means the assignment of a specific amount of low-level radioactive waste disposal capacity to a commercial nuclear power reactor for which access is required to be provided by sited States subject to the conditions specified under sections 2021b to 2021j of this title.

#### (3) Commercial nuclear power reactor

The term "commercial nuclear power reactor" means any unit of a civilian light-water moderated utilization facility required to be licensed under section 2133 or 2134(b) of this title.

#### (4) Compact

The term "compact" means a compact entered into by two or more States pursuant to sections 2021b to 2021j of this title.

#### (5) Compact commission

The term "compact commission" means the regional commission, committee, or board established in a compact to administer such compact.

#### (6) Compact region

The term "compact region" means the area consisting of all States that are members of a compact.

#### (7) Disposal

The term "disposal" means the permanent isolation of low-level radioactive waste pursuant to the requirements established by the Nuclear Regulatory Commission under applicable laws, or by an agreement State if such isolation occurs in such agreement State.

#### (8) Generate

The term "generate", when used in relation to low-level radioactive waste, means to produce low-level radioactive waste.

#### (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, spent nuclear fuel, or byproduct material (as defined in section 2014(e)(2) of this title); and

(ii) the Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph (A), classifies as low-level radioactive waste.

#### (B) Exclusion

The term "low-level radioactive waste" does not include byproduct material (as defined in paragraphs (3) and (4) of section 2014(e) of this title).

#### (10) Non-sited compact region

The term "non-sited compact region" means any compact region that is not a sited compact region.

#### (11) Regional disposal facility

The term "regional disposal facility" means a non-Federal low-level radioactive waste disposal facility in operation on January 1, 1985, or subsequently established and operated under a compact.

#### (12) Secretary

The term "Secretary" means the Secretary of Energy.

#### (13) Sited compact region

The term "sited compact region" means a compact region in which there is located one of the regional disposal facilities at Barnwell, in the State of South Carolina; Richland, in the State of Washington; or Beatty, in the State of Nevada.

#### (14) State

The term "State" means any State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(Pub. L. 96–573, §2, as added Pub. L. 99–240, title I, §102, Jan. 15, 1986, 99 Stat. 1842; amended Pub. L. 109–58, title VI, §651(e)(3)(B), Aug. 8, 2005, 119 Stat. 808.)

#### **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 information regarding the constitutionality of certain provisions of Low-Level Radioactive Waste Policy Act (sections 2021b to 2021j of this title), see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

#### Prior Provisions

A prior section 2021b, Pub. L. 96–573, §2, Dec. 22, 1980, 94 Stat. 3347, related to definitions respecting low-level radioactive waste policy as used in former sections 2021b to 2021d of this title, prior to repeal by Pub. L. 99–240, §102.

#### Amendments

2005—Par. (9). Pub. L. 109–58 designated existing provisions as subpar. (A), inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added subpar. (B).

#### **Statutory Notes and Related Subsidiaries**

#### Short Title of 1986 Amendment

Pub. L. 99–240, title I, §101, Jan. 15, 1986, 99 Stat. 1842, provided that: "This Title [enacting this section and sections 2021c to 2021j of this title, repealing former sections 2021b to 2021d of this title, and enacting and repealing a provision set out as a note under this section] may be cited as the 'Low-Level Radioactive Waste Policy Amendments Act of 1985'."

#### Short Title

Pub. L. 96–573, §1, as added by Pub. L. 99–240, title I, §102, Jan. 15, 1986, 99 Stat. 1842, provided that: "This Act [enacting sections 2021b to 2021j of this title] may be cited as the 'Low-Level Radioactive Waste Policy Act'."

A prior section 1 of Pub. L. 96–573, which provided that Pub. L. 96–573 [enacting former sections 2021b to 2021d of this title] could be cited as the "Low-Level Radioactive Waste Policy Act", was repealed by Pub. L. 99–240, title I, §102, Jan. 15, 1986, 99 Stat. 1842.