II

103D CONGRESS

2D SESSION H. R. 4814

IN THE SENATE OF THE UNITED STATES

OCTOBER 4 (legislative day, SEPTEMBER 12), 1994

Received

AN ACT

To grant the consent of the Congress to amendments to

the Central Midwest Interstate Low-Level Radioactive

Waste Compact.

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 Act may be cited as the ‘‘Central Midwest Inter5 state Low-Level Radioactive Waste Compact Amendments

6 Consent Act of 1994’’.
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1 SEC. 2. CONDITIONS OF CONSENT TO COMPACT AMEND2 MENTS.

3 The consent of the Congress to the compact amend4 ments set forth in section 3—

5 (1) shall become effective on the date of the en6 actment of this Act;

7 (2) is granted subject to the provisions of the

8 Low-Level Radioactive Waste Policy Act (42 U.S.C.

9 2021b et seq.); and

10 (3) is granted only for so long as the regional

11 commission established in the amended compact

12 complies with all of the provisions of such Act.

13 SEC. 3. CONSENT OF CONGRESS TO COMPACT AMEND14 MENTS.

15 In accordance with section 4(a)(2) of the Low-Level

16 Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)),

17 the consent of the Congress is hereby given to amend18 ments made by the States of Illinois and Kentucky to the

19 Central Midwest Interstate Low-Level Radioactive Waste

20 Compact, which compact was consented to by the Con21 gress in section 224 of the Omnibus Low-Level Radio22 active Waste Interstate Compact Consent Act (Pub. L.

23 99–240; 42 U.S.C. 2021 note). The amendments to which

24 such consent is given are substantially as follows:

25 (1) The 2d undesignated paragraph of article I

26 of the compact is amended to read as follows:
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1 ‘‘The states party to this compact recognize that the

2 Congress of the United States, by enacting the Low-Level

3 Radioactive Waste Policy Act (42 U.S.C. 2021), has pro4 vided for and encouraged the development of low-level ra5 dioactive waste compacts as a tool for managing such

6 waste. The party states also recognize that the manage7 ment of low-level radioactive waste is handled most effi8 ciently on a regional basis; and, that the safe and efficient

9 management of low-level radioactive waste generated with10 in the region requires that sufficient capacity to manage

11 such waste be properly provided.’’.

12 (2) Section (k) of article II of the compact is

13 amended to read as follows:

14 ‘‘k) ‘Low-level radioactive waste’ or ‘waste’ means ra15 dioactive waste not classified as (1) high-level radioactive

16 waste, (2) transuranic waste, (3) spent nuclear fuel, or

17 (4) by-product material as defined in Section 11e. (2) of

18 the Atomic Energy Act of 1954. This definition shall apply

19 notwithstanding any declaration by the federal govern20 ment, a state or any regulatory agency that any radio21 active material is exempt from any regulatory control.’’.

22 (3) Section (q) of article II of the compact is

23 amended to read as follows:

24 ‘‘q) ‘Regional facility’ means any facility as defined

25 in Article II(f) that is (1) located within the region, and
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1 (2) established by a party state pursuant to designation

2 of that state as a host state by the Commission.’’.

3 (4) Sections (a) and (b) of article III of the

4 compact are amended to read as follows:

5 ‘‘a) There is created the Central Midwest Interstate

6 Low-Level Radioactive Waste Commission. Upon the eligi7 ble states becoming party states, the Commission shall

8 consist of two voting Commissioners from each state eligi9 ble to be designated a host state under Article VI(b), one

10 voting Commissioner from any other party state, and for

11 each regional facility, one non-voting Commissioner who

12 is an elected official of local government and a resident

13 of the county where that regional facility is located. The

14 Governor of each party state shall notify the Commission

15 in writing of its Commissioners and any alternates.

16 ‘‘b) Each voting Commissioner is entitled to one vote.

17 No action of the Commission is binding unless a majority

18 of the voting membership casts its vote in the affirmative.

19 In addition, no agreement by the Commission under Arti20 cle III(i)(1), Article III(i)(2), or Article III(i)(3) is valid

21 unless all voting Commissioners from the party state in

22 which the facility where waste would be sent is located

23 cast their votes in the affirmative.’’.

24 (5) Sections (d) and (e) of article III of the

25 compact are amended to read as follows:
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1 ‘‘d) The Commission shall meet at least once annually

2 and shall also meet upon the call of any voting Commis3 sioner.

4 ‘‘e) All meetings of the Commission and its des5 ignated committees shall be open to the public with rea6 sonable advance notice. The Commission may, by majority

7 vote, close a meeting to the public for the purpose of con8 sidering sensitive personnel or legal strategy matters.

9 However, all Commission actions and decisions shall be

10 made in open meetings and appropriately recorded. A roll

11 call may be required upon request of any voting Commis12 sioner.’’.

13 (6) Section (g) of article III of the compact is

14 amended to read as follows:

15 ‘‘g) The Office of the Commission shall be in Illinois.

16 The Commission may appoint or contract for and com17 pensate such staff necessary to carry out its duties and

18 functions. The staff shall serve at the Commission’s pleas19 ure with the exception that staff hired as the result of

20 securing federal funds shall be hired and governed under

21 applicable federal statutes and regulations. In selecting

22 any staff, the Commission shall assure that the staff has

23 adequate experience and formal training to carry out the

24 functions assigned to it by the Commission.’’.
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1 (7) Sections (i) and (j) of article III of the com2 pact are amended to read as follows:

3 ‘‘i) The Commission may:

4 ‘‘1) Enter into an agreement with any person

5 to allow waste from outside the region to be disposed

6 of at facilities in the region. However, no such

7 agreement shall be effective unless and until ratified

8 by a law enacted by the party state to which the

9 waste would be sent for disposal.

10 ‘‘2) Enter into an agreement with any person

11 to allow waste described in Article VII(a)(6) to be

12 treated, stored, or disposed of at regional facilities.

13 However, no such agreement shall be effective unless

14 and until ratified by a law enacted by the host state

15 of the regional facility to which the waste would be

16 sent for treatment, storage, or disposal.

17 ‘‘3) Enter into an agreement with any person

18 to allow waste from outside the region to be treated

19 or stored at facilities in the region. However, any

20 such agreement shall be revoked as a matter of law

21 if, within one year of the effective date of the agree22 ment, a law is enacted ordering such revocation by

23 the party state to which the waste would be sent for

24 treatment or storage.
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1 ‘‘4) Approve, or enter into an agreement with

2 any person for, the export of waste from the region.

3 ‘‘5) Approve the disposal of waste generated

4 within the region at a facility in the region other

5 than a regional facility, subject to the limitations of

6 Articles V(f) and VII(a)(6).

7 ‘‘6) Require that waste generated within the re8 gion be treated or stored at available regional facili9 ties, subject to the limitations of Articles V(f),

10 VII(a)(3) and VII(a)(6).

11 ‘‘7) Appear as an intervenor or party in interest

12 before any court of law or any federal, state or local

13 agency, board or commission in any matter related

14 to waste management. In order to represent its

15 views, the Commission may arrange for any expert

16 testimony, reports, evidence or other participation.

17 ‘‘8) Review the emergency closure of a regional

18 facility, determine the appropriateness of that clo19 sure, and take whatever actions are necessary to en20 sure that the interests of the region are protected,

21 provided that a party state with a total volume of

22 waste recorded on low-level radioactive waste mani23 fests for any year that is less than 10 percent of the

24 total volume recorded on such manifests for the re25 gion during the same year shall not be designated a
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1 host state or be required to store the region’s waste.

2 In determining the 10 percent exclusion, there shall

3 not be included waste recorded on low-level radio4 active waste manifests by a person whose principal

5 business is providing a service by arranging for the

6 collection, transportation, treatment, storage or dis7 posal of such waste.

8 ‘‘9) Take any action which is appropriate and

9 necessary to perform its duties and functions as pro10 vided in this compact.

11 ‘‘10) Suspend the privileges or revoke the mem12 bership of a party state.

13 ‘‘j) The Commission shall:

14 ‘‘1) Submit within 10 days of its execution to

15 the governor and the appropriate officers of the leg16 islative body of the party state in which any affected

17 facility is located a copy of any agreement entered

18 into by the Commission under Article III(i)(1), Arti19 cle III(i)(2) or Article III(i)(3).

20 ‘‘2) Submit an annual report to, and otherwise

21 communicate with, the governors and the appro22 priate officers of the legislative bodies of the party

23 states regarding the activities of the Commission.

24 The annual report shall include a description of the

25 status of the activities taken pursuant to any agree-
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1 ment entered into by the Commission under Article

2 III(i)(1), Article III(i)(2) or Article III(i)(3) and any

3 violation of any provision thereof, and a description

4 of the source, volume, activity, and current status of

5 any waste from outside the region or waste described

6 under Article VII(a)(6) that was treated, stored, or

7 disposed of in the region in the previous year.

8 ‘‘3) Hear, negotiate, and, as necessary, resolve

9 by final decision disputes which may arise between

10 the party states regarding this compact.

11 ‘‘4) Adopt and amend, as appropriate, a re12 gional management plan that plans for the establish13 ment of needed regional facilities.

14 ‘‘5) Adopt an annual budget.’’.

15 (8) Sections (o) and (p) of article III of the

16 compact are amended to read as follows:

17 ‘‘o) The Commission is a legal entity separate and

18 distinct from the party states and is liable for its actions

19 as a separate and distinct legal entity. Commissioners are

20 not personally liable for actions taken by them in their

21 official capacity.

22 ‘‘p) Except as provided under Article III(n), Article

23 III(o), Article VI(p) and Article VI(q), nothing in this

24 compact alters liability for any action, omission, course of
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1 conduct or liability resulting from any causal or other rela2 tionships.’’.

3 (9) Sections (b) and (c) of article V of the com4 pact are amended to read as follows:

5 ‘‘b) Other than the provisions of Article V(f) and

6 VII(a)(6), each party state has the right to have all wastes

7 generated within borders managed at regional facilities.

8 This right shall be subject to the provisions of this Com9 pact. All party states have an equal right of access to any

10 facility outside the region made available to the region by

11 any agreement entered into by the Commission pursuant

12 to Article III(i)(4).

13 ‘‘c) Party states or generators may negotiate for the

14 right of access to a facility outside the region and may

15 export waste outside the region subject to Commission ap16 proval under Article III(i)(4).’’.

17 (10) Section (f) of article V of the compact is

18 amended to read as follows:

19 ‘‘f) Waste originating from the Maxey Flats nuclear

20 waste disposal site in Fleming County, Kentucky shall not

21 be shipped to any facility in Illinois for storage, treatment

22 or disposal. Disposition of these wastes shall be the sole

23 responsibility of the Commonwealth of Kentucky and such

24 waste shall not be subject to the provisions of Articles

25 IX(b)(3) and (4) of this compact.’’.
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1 (11) Section (b) of article VI of the compact is

2 amended to read as follows:

3 ‘‘b) If all regional facilities required by the regional

4 management plan are not developed pursuant to Article

5 VI(a), or upon notification that an existing regional facil6 ity will be closed, the Commission may designate a party

7 state as a host state. A party state shall not be designated

8 as a host state for any regional facility under this Article

9 VI(b) unless that state’s total volume of waste recorded

10 on low-level radioactive waste manifests for any year is

11 more than 10% of the total volume recorded on such mani12 fests for the region during the same year. In determining

13 the 10% exclusion, there shall not be included waste re14 corded on low-level radioactive waste manifests by a per15 son whose principal business is providing a service by ar16 ranging for the collection, transportation, treatment, stor17 age or disposal of such waste, or waste described in Article

18 VII(a)(6).’’.

19 (12) Section (c) of article VI of the compact is

20 repealed.

21 (13) Section (e) of article VI of the compact is

22 amended to read as follows:

23 ‘‘e) Any party state designated as a host state may

24 request the Commission to relieve that state of the respon25 sibility to serve as a host state. The Commission may re-
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1 lieve a party state of this responsibility upon a showing

2 by the requesting party state that no feasible potential re3 gional facility site of the type it is designated to host exists

4 within its borders or for other good cause shown and con5 sistent with the purposes of this Compact.’’.

6 (14) Sections (l) and (m) of article VI of the

7 compact are amended to read as follows:

8 ‘‘l) A host state intending to close a regional facility

9 located within its borders shall notify the Commission in

10 writing of its intention and the reasons. Notification shall

11 be given to the Commission at least five years prior to

12 the intended date of closure. This Section shall not pre13 vent an emergency closing of a regional facility by a host

14 state to protect its air, land and water resources and the

15 health and safety of its citizens. However, a host state

16 which has an emergency closing of a regional facility shall

17 notify the Commission in writing within 3 working days

18 of its action and shall, within 30 working days of its ac19 tion, demonstrate justification for the closing.

20 ‘‘m) If a regional facility closes before an additional

21 or new facility becomes operational, waste generated with22 in the region may be shipped temporarily to any location

23 agreed on by the Commission until a regional facility is

24 operational, provided that the region’s waste shall not be

25 stored in a party state with a total volume of waste re-
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1 corded on low-level radioactive waste manifests for any

2 year which is less than 10% of the total volume recorded

3 on the manifests for the region during the same year. In

4 determining the 10% exclusion, there shall not be included

5 waste recorded on low-level radioactive waste manifests by

6 a person whose principal business is providing a service

7 by arranging for the collection, transportation, treatment,

8 storage or disposal of such waste, or waste described in

9 Article VII(a)(6).’’.

10 (15) Sections (o) through (q) of article VI of

11 the compact are amended to read as follows:

12 ‘‘o) The host state shall create an ‘Extended Care

13 and Long-Term Liability Fund’ and shall allocate suffi14 cient fee revenues, received pursuant to Article VI(i), to

15 provide for the costs of:

16 ‘‘1) decommissioning and other procedures re17 quired for the proper closure of a regional facility;

18 ‘‘2) monitoring, inspection and other procedures

19 required for the proper extended care of a regional

20 facility;

21 ‘‘3) undertaking any corrective action or clean22 up necessary to protect human health and the envi23 ronment from radioactive releases from a regional

24 facility; and
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1 ‘‘4) compensating any person for medical and

2 other expenses incurred from damages to human

3 health, personal injuries suffered from damages to

4 human health and damages or losses to real or per5 sonal property, and accomplishing any necessary cor6 rective action or clean-up on real or personal prop7 erty caused by radioactive releases from a regional

8 facility; the host state may allocate monies in this

9 Fund in amounts as it deems appropriate to pur10 chase insurance or to make other similar financial

11 protection arrangements consistent with the pur12 poses of this Fund; this Article VI(n) shall in no

13 manner limit the financial responsibilities of the site

14 operator under Article VI(o), the party states under

15 Article VI(p), or any person who sends waste to a

16 regional facility, under Article VI(q).

17 ‘‘p) The operator of a regional facility shall purchase

18 an amount of property and third-party liability insurance

19 deemed appropriate by the host state, pay the necessary

20 periodic premiums at all times and make periodic pay21 ments to the Extended Care and Long-Term Liability

22 Fund as set forth in Article VI(n) for such amounts as

23 the host state reasonably determines is necessary to pro24 vide for future premiums to continue such insurance cov25 erage, in order to pay the costs of compensating any per-
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1 son for medical and other expenses incurred from damages

2 to human health, personal injuries suffered from damages

3 to human health and damages or losses to real or personal

4 property, and accomplishing any necessary corrective ac5 tion or clean-up on real or personal property caused by

6 radioactive releases from a regional facility. In the event

7 of such costs resulting from radioactive releases from a

8 regional facility, the host state should, to the maximum

9 extent possible, seek to obtain monies from such insurance

10 prior to using monies from the Extended Care and Long11 Term Liability Fund.

12 ‘‘q) All party states shall be liable for the cost of ex13 tended care and long-term liability in excess of monies

14 available from the Extended Care and Long-Term Liabil15 ity Fund, as set forth in Article VI(n) and from the prop16 erty and third-party liability insurance as set forth in Arti17 cle VI(o). A party state may meet such liability for costs

18 by levying surcharges upon generators located in the party

19 state. The extent of such liability shall be based on the

20 proportionate share of the total volume of waste placed

21 in the regional facility by generators located in each such

22 party state. Such liability shall be joint and several among

23 the party states with a right of contribution between the

24 party states. However, this Section shall not apply to a

25 party state with a total volume of waste recorded on low-
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1 level radioactive waste manifests for any year that is less

2 than 10% of the total volume recorded on such manifests

3 for the region during the same year.’’.

4 (16) Sections (d) through (q) of article VI of

5 the compact are redesignated as sections (c) through

6 (p), respectively.

7 (17) Article VI of the compact is amended by

8 adding at the end the following new section:

9 ‘‘q) Any person who sends waste from outside the re10 gion or waste described in Article VII(a)(6) for treatment,

11 storage or disposal at a regional facility shall be liable for

12 the cost of extended care and long-term liability of that

13 regional facility in excess of the monies available from the

14 Extended Care and Long-Term Liability Fund as set forth

15 in Article VI(n) and from the property and third-party li16 ability insurance as set forth in Article VI(o). The extent

17 of the liability for the person shall be based on the propor18 tionate share of the total volume of waste sent by that

19 person to the regional facility.’’.

20 (18) Section (a)(6) of article VII of the com21 pact is amended to read as follows:

22 ‘‘6) establishes any right to the treatment, stor23 age or disposal at any facility in the region or pro24 vides any authority to prohibit export from the re25 gion of waste that is owned or generated by the
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1 United States Department of Energy, owned or gen2 erated by the United States Navy as a result of the

3 decommissioning of vessels of the United States

4 Navy, or owned or generated as the result of any re5 search, development, testing or production of any

6 atomic weapon; or’’.

7 (19) Section (d) of article VII of the compact

8 is amended to read as follows:

9 ‘‘d) No person who provides a service by arranging

10 for collection, transportation, treatment, storage or dis11 posal of waste from outside the region shall be allowed

12 to dispose of any waste, regardless of origin, in the region

13 unless specifically permitted under an agreement entered

14 into by the Commission in accordance with the require15 ments of Article III(i)(1).’’.

16 (20) Section (c) of article VIII of the compact

17 is amended to read as follows:

18 ‘‘c) The Commission is formed upon the appointment

19 of the Commissioners and the tender of the membership

20 fee payable to the Commission by the eligible states. The

21 Governor of Illinois shall convene the initial meeting of

22 the Commission. The Commission shall cause legislation

23 to be introduced in the Congress which grants the consent

24 of the Congress to this compact, and shall take action nec-
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1 essary to organize the Commission and implement the pro2 visions of this compact.’’.

3 (21) Section (e) of article VIII of the compact

4 is amended to read as follows:

5 ‘‘e) This compact becomes effective July 1, 1984, or

6 at any date subsequent to July 1, 1984, upon enactment

7 by the eligible states. However, Article IX(b) shall not

8 take effect until the Congress has by law consented to this

9 compact. The Congress shall have an opportunity to with10 draw such consent every 5 years. Failure of the Congress

11 affirmatively to withdraw its consent has the effect of re12 newing consent for an additional 5 year period. The con13 sent given to this compact by the Congress shall extend

14 to the power of the region to ban the shipment of waste

15 into the region pursuant to Article III(i)(1) and to pro16 hibit exportation of waste generated within the region

17 under Article III(i)(4).’’.

18 (22) Section (b) of article IX of the compact is

19 amended to read as follows:

20 ‘‘b) Unless authorized by the Commission pursuant

21 to Article III(i), or otherwise provided in this compact,

22 after January 1, 1986 it is a violation of this compact:

23 ‘‘1) for any person to deposit at a facility in the

24 region waste from outside the region;
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1 ‘‘2) for any facility in the region to accept

2 waste from outside the region;

3 ‘‘3) for any person to export from the region

4 waste that is generated within the region;

5 ‘‘4) for any person to dispose of waste at a fa6 cility other than a regional facility;

7 ‘‘5) for any person to deposit at a regional fa8 cility waste described in Article VII(a)(6); or

9 ‘‘6) for any regional facility to accept waste de10 scribed in Article VII(a)(6).’’.

11 (23) Article IX of the compact is amended by

12 redesignating sections (c) and (d) as sections (d)

13 and (e), respectively, and by inserting after section

14 (b) the following new section:

15 ‘‘c) It is a violation of this compact for any person

16 to treat or store waste at a facility other than a regional

17 facility if such treatment or storage is prohibited by the

18 Commission under Article III(i)(6).’’.

Passed the House of Representatives October 3,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.

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