I

104TH CONGRESS

2D SESSION H. R. 3394

To repeal the Low-Level Radioactive Waste Policy Act and to provide new

authority for the disposal of low-level radioactive waste.

IN THE HOUSE OF REPRESENTATIVES

MAY 7, 1996

Mr. LEWIS of California (for himself and Mr. STUMP) introduced the following

bill; which was referred to the Committee on Commerce

A BILL

To repeal the Low-Level Radioactive Waste Policy Act and

to provide new authority for the disposal of low-level

radioactive waste.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This section may be cited as the ‘‘Low-Level Radio5 active Waste Policy Act of 1996’’.

6 SEC. 2. DEFINITIONS.

7 As used in this Act:

8 (1) COMPACT.—The term ‘‘compact’’ means a

9 compact entered into by 2 or more States under sec-
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1 tion 4 of the Low-Level Radioactive Waste Policy

2 Act.

3 (2) COMPACT REGION.—The term ‘‘compact re4 gion’’ means the area consisting of all the States

5 that are members of the compact.

6 (3) DISPOSAL.—The term ‘‘disposal’’ means the

7 permanent isolation of low-level radioactive waste

8 pursuant to the requirements established by the Nu9 clear Regulatory Commission.

10 (4) GENERATE.—The term ‘‘generate’’, when

11 used in relation to low-level radioactive waste, means

12 to produce low-level radioactive waste.

13 (5) LOW-LEVEL RADIOACTIVE WASTE.—The

14 term ‘‘low-level radioactive waste’’ means radioactive

15 material that—

16 (A) is not highly radioactive waste, spent

17 nuclear fuel, or byproduct material (as defined

18 in section 11e.(2) of the Atomic Energy Act of

19 1954 (42 U.S.C. 2014(e)(2)))—

20 (i) owned or generated by the Depart21 ment of Energy;

22 (ii) owned or generated by the United

23 States Navy as the result of the decommis24 sion of vessels of the United States Navy;

25 or
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1 (iii) owned or generated as a result of

2 any research, development, testing, or pro3 duction of any atomic weapons;

4 (B) the Nuclear Regulatory Commission,

5 consistent with existing law and in accordance

6 with subparagraph (A), classifies as low-level

7 radioactive waste; and

8 (C) consists of or contains class A, B, or

9 C radioactive waste as defined by regulations

10 published at section 61.55 of title 10, Code of

11 Federal Regulations, as in effect on January

12 26, 1983.

13 (6) SECRETARY.—The term ‘‘Secretary’’, unless

14 otherwise specified, means the Secretary of the Inte15 rior.

16 (7) SITED COMPACT REGION.—The term ‘‘sited

17 compact region’’ means a compact region in which

18 there is located one of the following disposal facili19 ties: Barnwell in the State of South Carolina and

20 Richland in the State of Washington. A region

21 ceases to be a sited compact region if, for any rea22 son, the disposal facility located in the region ceases

23 to accept waste.
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1 (8) STATE.—The term ‘‘State’’ means any

2 State of the United States, the District of Columbia,

3 and the Commonwealth of Puerto Rico.

4 SEC. 3. DUTY TO DISPOSE OF LOW-LEVEL RADIOACTIVE

5 WASTE.

6 The Secretary shall dispose of low-level radioactive

7 waste generated within any State outside a sited compact

8 region. Each sited compact region shall provide for the

9 disposal of low-level radioactive waste generated within the

10 sited compact region. A State outside a sited compact re11 gion may provide for the disposal within that State of any

12 low-level radioactive waste generated within that State, ex13 cept that such a State shall not be required to accept low14 level radioactive waste generated outside that State, ex15 cept under contract with the Secretary under section 5.

16 SEC. 4. ESTABLISHMENT OF DISPOSAL FACILITY.

17 The Secretary shall establish a disposal facility for

18 low-level radioactive waste on land owned by the Federal

19 Government, and may contract with the Department of

20 Energy for disposal of low-level radioactive waste at a dis21 posal facility established by the Department of Energy for

22 radioactive waste as described in clause (i), (ii), or (iii)

23 of section 2(5)(A).
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1 SEC. 5. ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.

2 Not later than January 1, 1997, the Secretary shall

3 accept for disposal any low-level radioactive waste gen4 erated within any State outside a sited compact region.

5 Notwithstanding any other provision of law, no later than

6 January 1, 1997, the Secretary shall contract with the

7 Secretary of Energy for the temporary storage of low-level

8 radioactive waste at any facility established by the Depart9 ment of Energy for radioactive waste as described in

10 clause (i), (ii), or (iii) of section 2(5)(A) and may contract

11 with the Secretary of Energy for disposal of such waste

12 at any such facility or may contract with any State for

13 disposal of such waste at any licensed disposal facility op14 erated to dispose of low-level radioactive waste generated

15 within that State. The Secretary shall take physical pos16 session of low-level radioactive waste tendered consistent

17 with this Act by a waste generator or broker or by a State

18 official charged with regulating possession of radioactive

19 materials beginning on January 1, 1997, whether or not

20 a contract with the Secretary of Energy has been exe21 cuted.

22 SEC. 6. RATES FOR DISPOSAL.

23 The Secretary shall establish by regulation rates for

24 the disposal of low-level radioactive waste accepted for dis25 posal. The rates shall provide for recovery of the actual

26 costs of disposal and the administrative costs of the Sec-
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1 retary to contract with the Secretary of Energy as pro2 vided in section 5. Rates may be based upon volume or

3 activity of waste, or a combination of the two, except that

4 the rate shall not exceed an average rate of $500 per cubic

5 foot of waste disposed.

6 SEC. 7. CONFORMING AMENDMENTS.

7 (a) REPEAL.—The Low-Level Radioactive Waste Pol8 icy Act (42 U.S.C. 2021b et seq.) is repealed.

9 (b) DUTIES OF THE SECRETARY OF THE INTE10 RIOR.—Section 441 of the Revised Statutes (43 U.S.C.

11 1457) is amended by adding at the end the following:

12 ‘‘14. Commercial Low-Level Radioactive Waste

13 Disposal (other than greater than Class C).’’.

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