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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Central Midwest Inter-
state Low-Level Radioactive Waste Compact Amendments
Consent Act of 1994’’.
SEC. 2. CONDITIONS OF CONSENT TO COMPACT AMEND-
MENTS.
The consent of the Congress to the compact amend-
ments set forth in section 3—
(1) shall become effective on the date of the en-
actment of this Act;
(2) is granted subject to the provisions of the
Low-Level Radioactive Waste Policy Act (42 U.S.C.
2021b et seq.); and
(3) is granted only for so long as the regional
commission established in the amended compact
complies with all of the provisions of such Act.
SEC. 3. CONSENT OF CONGRESS TO COMPACT AMEND-
MENTS.
In accordance with section 4(a)(2) of the Low-Level
Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)),
the consent of the Congress is hereby given to amend-
ments made by the States of Illinois and Kentucky to the
Central Midwest Interstate Low-Level Radioactive Waste
Compact, which compact was consented to by the Con-
gress in section 224 of the Omnibus Low-Level Radio-
active Waste Interstate Compact Consent Act (Pub. L.
99–240; 42 U.S.C. 2021 note). The amendments to which
such consent is given are substantially as follows:
(1) The 2d undesignated paragraph of article I
of the compact is amended to read as follows:
‘‘The states party to this compact recognize that the
Congress of the United States, by enacting the Low-Level
Radioactive Waste Policy Act (42 U.S.C. 2021), has pro-
vided for and encouraged the development of low-level ra-
dioactive waste compacts as a tool for managing such
waste. The party states also recognize that the manage-
ment of low-level radioactive waste is handled most effi-
ciently on a regional basis; and, that the safe and efficient
management of low-level radioactive waste generated with-
in the region requires that sufficient capacity to manage
such waste be properly provided.’’.
(2) Section (k) of article II of the compact is
amended to read as follows:
‘‘k) ‘Low-level radioactive waste’ or ‘waste’ means ra-
dioactive waste not classified as (1) high-level radioactive
waste, (2) transuranic waste, (3) spent nuclear fuel, or
(4) by-product material as defined in Section 11e. (2) of
the Atomic Energy Act of 1954. This definition shall apply
notwithstanding any declaration by the federal govern-
ment, a state or any regulatory agency that any radio-
active material is exempt from any regulatory control.’’.
(3) Section (q) of article II of the compact is
amended to read as follows:
‘‘q) ‘Regional facility’ means any facility as defined
in Article II(f) that is (1) located within the region, and
(2) established by a party state pursuant to designation
of that state as a host state by the Commission.’’.
(4) Sections (a) and (b) of article III of the
compact are amended to read as follows:
‘‘a) There is created the Central Midwest Interstate
Low-Level Radioactive Waste Commission. Upon the eligi-
ble states becoming party states, the Commission shall
consist of two voting Commissioners from each state eligi-
ble to be designated a host state under Article VI(b), one
voting Commissioner from any other party state, and for
each regional facility, one non-voting Commissioner who
is an elected official of local government and a resident
of the county where that regional facility is located. The
Governor of each party state shall notify the Commission
in writing of its Commissioners and any alternates.
‘‘b) Each voting Commissioner is entitled to one vote.
No action of the Commission is binding unless a majority
of the voting membership casts its vote in the affirmative.
In addition, no agreement by the Commission under Arti-
cle III(i)(1), Article III(i)(2), or Article III(i)(3) is valid
unless all voting Commissioners from the party state in
which the facility where waste would be sent is located
cast their votes in the affirmative.’’.
(5) Sections (d) and (e) of article III of the
compact are amended to read as follows:
‘‘d) The Commission shall meet at least once annually
and shall also meet upon the call of any voting Commis-
sioner.
‘‘e) All meetings of the Commission and its des-
ignated committees shall be open to the public with rea-
sonable advance notice. The Commission may, by majority
vote, close a meeting to the public for the purpose of con-
sidering sensitive personnel or legal strategy matters.
However, all Commission actions and decisions shall be
made in open meetings and appropriately recorded. A roll
call may be required upon request of any voting Commis-
sioner.’’.
(6) Section (g) of article III of the compact is
amended to read as follows:
‘‘g) The Office of the Commission shall be in Illinois.
The Commission may appoint or contract for and com-
pensate such staff necessary to carry out its duties and
functions. The staff shall serve at the Commission’s pleas-
ure with the exception that staff hired as the result of
securing federal funds shall be hired and governed under
applicable federal statutes and regulations. In selecting
any staff, the Commission shall assure that the staff has
adequate experience and formal training to carry out the
functions assigned to it by the Commission.’’.
(7) Sections (i) and (j) of article III of the com-
pact are amended to read as follows:
‘‘i) The Commission may:
‘‘1) Enter into an agreement with any person
to allow waste from outside the region to be disposed
of at facilities in the region. However, no such
agreement shall be effective unless and until ratified
by a law enacted by the party state to which the
waste would be sent for disposal.
‘‘2) Enter into an agreement with any person
to allow waste described in Article VII(a)(6) to be
treated, stored, or disposed of at regional facilities.
However, no such agreement shall be effective unless
and until ratified by a law enacted by the host state
of the regional facility to which the waste would be
sent for treatment, storage, or disposal.
‘‘3) Enter into an agreement with any person
to allow waste from outside the region to be treated
or stored at facilities in the region. However, any
such agreement shall be revoked as a matter of law
if, within one year of the effective date of the agree-
ment, a law is enacted ordering such revocation by
the party state to which the waste would be sent for
treatment or storage.
‘‘4) Approve, or enter into an agreement with
any person for, the export of waste from the region.
‘‘5) Approve the disposal of waste generated
within the region at a facility in the region other
than a regional facility, subject to the limitations of
Articles V(f) and VII(a)(6).
‘‘6) Require that waste generated within the re-
gion be treated or stored at available regional facili-
ties, subject to the limitations of Articles V(f),
VII(a)(3) and VII(a)(6).
‘‘7) Appear as an intervenor or party in interest
before any court of law or any federal, state or local
agency, board or commission in any matter related
to waste management. In order to represent its
views, the Commission may arrange for any expert
testimony, reports, evidence or other participation.
‘‘8) Review the emergency closure of a regional
facility, determine the appropriateness of that clo-
sure, and take whatever actions are necessary to en-
sure that the interests of the region are protected,
provided that a party state with a total volume of
waste recorded on low-level radioactive waste mani-
fests for any year that is less than 10 percent of the
total volume recorded on such manifests for the re-
gion during the same year shall not be designated a
host state or be required to store the region’s waste.
In determining the 10 percent exclusion, there shall
not be included waste recorded on low-level radio-
active waste manifests by a person whose principal
business is providing a service by arranging for the
collection, transportation, treatment, storage or dis-
posal of such waste.
‘‘9) Take any action which is appropriate and
necessary to perform its duties and functions as pro-
vided in this compact.
‘‘10) Suspend the privileges or revoke the mem-
bership of a party state.
‘‘j) The Commission shall:
‘‘1) Submit within 10 days of its execution to
the governor and the appropriate officers of the leg-
islative body of the party state in which any affected
facility is located a copy of any agreement entered
into by the Commission under Article III(i)(1), Arti-
cle III(i)(2) or Article III(i)(3).
‘‘2) Submit an annual report to, and otherwise
communicate with, the governors and the appro-
priate officers of the legislative bodies of the party
states regarding the activities of the Commission.
The annual report shall include a description of the
status of the activities taken pursuant to any agree-
ment entered into by the Commission under Article
III(i)(1), Article III(i)(2) or Article III(i)(3) and any
violation of any provision thereof, and a description
of the source, volume, activity, and current status of
any waste from outside the region or waste described
under Article VII(a)(6) that was treated, stored, or
disposed of in the region in the previous year.
‘‘3) Hear, negotiate, and, as necessary, resolve
by final decision disputes which may arise between
the party states regarding this compact.
‘‘4) Adopt and amend, as appropriate, a re-
gional management plan that plans for the establish-
ment of needed regional facilities.
‘‘5) Adopt an annual budget.’’.
(8) Sections (o) and (p) of article III of the
compact are amended to read as follows:
‘‘o) The Commission is a legal entity separate and
distinct from the party states and is liable for its actions
as a separate and distinct legal entity. Commissioners are
not personally liable for actions taken by them in their
official capacity.
‘‘p) Except as provided under Article III(n), Article
III(o), Article VI(p) and Article VI(q), nothing in this
compact alters liability for any action, omission, course of
conduct or liability resulting from any causal or other rela-
tionships.’’.
(9) Sections (b) and (c) of article V of the com-
pact are amended to read as follows:
‘‘b) Other than the provisions of Article V(f) and
VII(a)(6), each party state has the right to have all wastes
generated within borders managed at regional facilities.
This right shall be subject to the provisions of this Com-
pact. All party states have an equal right of access to any
facility outside the region made available to the region by
any agreement entered into by the Commission pursuant
to Article III(i)(4).
‘‘c) Party states or generators may negotiate for the
right of access to a facility outside the region and may
export waste outside the region subject to Commission ap-
proval under Article III(i)(4).’’.
(10) Section (f) of article V of the compact is
amended to read as follows:
‘‘f) Waste originating from the Maxey Flats nuclear
waste disposal site in Fleming County, Kentucky shall not
be shipped to any facility in Illinois for storage, treatment
or disposal. Disposition of these wastes shall be the sole
responsibility of the Commonwealth of Kentucky and such
waste shall not be subject to the provisions of Articles
IX(b)(3) and (4) of this compact.’’.
(11) Section (b) of article VI of the compact is
amended to read as follows:
‘‘b) If all regional facilities required by the regional
management plan are not developed pursuant to Article
VI(a), or upon notification that an existing regional facil-
ity will be closed, the Commission may designate a party
state as a host state. A party state shall not be designated
as a host state for any regional facility under this Article
VI(b) unless that state’s total volume of waste recorded
on low-level radioactive waste manifests for any year is
more than 10% of the total volume recorded on such mani-
fests for the region during the same year. In determining
the 10% exclusion, there shall not be included waste re-
corded on low-level radioactive waste manifests by a per-
son whose principal business is providing a service by ar-
ranging for the collection, transportation, treatment, stor-
age or disposal of such waste, or waste described in Article
VII(a)(6).’’.
(12) Section (c) of article VI of the compact is
repealed.
(13) Section (e) of article VI of the compact is
amended to read as follows:
‘‘e) Any party state designated as a host state may
request the Commission to relieve that state of the respon-
sibility to serve as a host state. The Commission may re-
lieve a party state of this responsibility upon a showing
by the requesting party state that no feasible potential re-
gional facility site of the type it is designated to host exists
within its borders or for other good cause shown and con-
sistent with the purposes of this Compact.’’.
(14) Sections (l) and (m) of article VI of the
compact are amended to read as follows:
‘‘l) A host state intending to close a regional facility
located within its borders shall notify the Commission in
writing of its intention and the reasons. Notification shall
be given to the Commission at least five years prior to
the intended date of closure. This Section shall not pre-
vent an emergency closing of a regional facility by a host
state to protect its air, land and water resources and the
health and safety of its citizens. However, a host state
which has an emergency closing of a regional facility shall
notify the Commission in writing within 3 working days
of its action and shall, within 30 working days of its ac-
tion, demonstrate justification for the closing.
‘‘m) If a regional facility closes before an additional
or new facility becomes operational, waste generated with-
in the region may be shipped temporarily to any location
agreed on by the Commission until a regional facility is
operational, provided that the region’s waste shall not be
stored in a party state with a total volume of waste re-