IB
Union Calendar No. 68
104TH CONGRESS
1ST SESSION
H. R. 558
[Report No. 104–148]
To grant the consent of the Congress to the Texas Low-Level Radioactive
Waste Disposal Compact.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 18, 1995
Mr. FIELDS of Texas (for himself, Mr. DELAY, Mr. LAUGHLIN, and Mr.
HALL of Texas) introduced the following bill; which was referred to the
Committee on Commerce
JUNE 20, 1995
Additional sponsors: Mr. BALDACCI, Mr. LONGLEY, Mr. ARCHER, Mr. STEN-
HOLM, Mr. BARTON of Texas, Mr. GENE GREEN of Texas, and Mr.
BENTSEN
JUNE 20, 1995
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To grant the consent of the Congress to the Texas Low-
Level Radioactive Waste Disposal 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 ‘‘Texas Low-Level Ra-
dioactive Waste Disposal Compact Consent Act’’.
SEC. 2. CONGRESSIONAL FINDING.
The Congress finds that the compact set forth in sec-
tion 5 is in furtherance of the Low-Level Radioactive
Waste Policy Act (42 U.S.C. 2021b et seq.).
SEC. 3. CONDITIONS OF CONSENT TO COMPACT.
The consent of the Congress to the compact set forth
in section 5—
(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 compact complies with
all of the provisions of such Act.
SEC. 4. CONGRESSIONAL REVIEW.
The Congress may alter, amend, or repeal this Act
with respect to the compact set forth in section 5 after
the expiration of the 10-year period following the date of
the enactment of this Act, and at such intervals thereafter
as may be provided in such compact.
SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL
COMPACT.
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 given to the States of
Texas, Maine, and Vermont to enter into the Texas Low-
Level Radioactive Waste Disposal Compact. Such compact
is substantially as follows:
‘‘TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL
COMPACT
‘‘ARTICLE I. POLICY AND PURPOSE
‘‘SEC. 1.01. The party states recognize a responsibil-
ity for each state to seek to manage low-level radioactive
waste generated within its boundaries, pursuant to the
Low-Level Radioactive Waste Policy Act, as amended by
the Low-Level Radioactive Waste Policy Amendments Act
of 1985 (42 U.S.C. 2021b–2021j). They also recognize
that the United States Congress, by enacting the Act, has
authorized and encouraged states to enter into compacts
for the efficient management and disposal of low-level ra-
dioactive waste. It is the policy of the party states to co-
operate in the protection of the health, safety, and welfare
of their citizens and the environment and to provide for
and encourage the economical management and disposal
of low-level radioactive waste. It is the purpose of this
compact to provide the framework for such a cooperative
effort; to promote the health, safety, and welfare of the
citizens and the environment of the party states; to limit
the number of facilities needed to effectively, efficiently,
and economically manage low-level radioactive waste and
to encourage the reduction of the generation thereof; and
to distribute the costs, benefits, and obligations among the
party states; all in accordance with the terms of this com-
pact.
‘‘ARTICLE II. DEFINITIONS
‘‘SEC. 2.01. As used in this compact, unless the con-
text clearly indicates otherwise, the following definitions
apply:
‘‘(1) ‘Act’ means the Low-Level Radioactive
Waste Policy Act, as amended by the Low-Level Ra-
dioactive Waste Policy Amendments Act of 1985 (42
U.S.C. 2021b–2021j).
‘‘(2) ‘Commission’ means the Texas Low-Level
Radioactive Waste Disposal Compact Commission
established in Article III of this compact.
‘‘(3) ‘Compact facility’ or ‘facility’ means any
site, location, structure, or property located in and
provided by the host state for the purpose of man-
agement or disposal of low-level radioactive waste for
which the party states are responsible.
‘‘(4) ‘Disposal’ means the permanent isolation
of low-level radioactive waste pursuant to require-
ments established by the United States Nuclear Reg-
ulatory Commission and the United States Environ-
mental Protection Agency under applicable laws, or
by the host state.
‘‘(5) ‘Generate,’ when used in relation to low-
level radioactive waste, means to produce low-level
radioactive waste.
‘‘(6) ‘Generator’ means a person who produces
or processes low-level radioactive waste in the course
of its activities, excluding persons who arrange for
the collection, transportation, management, treat-
ment, storage, or disposal of waste generated outside
the party states, unless approved by the commission.
‘‘(7) ‘Host county’ means a county in the host
state in which a disposal facility is located or is
being developed.
‘‘(8) ‘Host state’ means a party state in which
a compact facility is located or is being developed.
The State of Texas is the host state under this com-
pact.
‘‘(9) ‘Institutional control period’ means that
period of time following closure of the facility and
transfer of the facility license from the operator to
the custodial agency in compliance with the appro-
priate regulations for long-term observation and
maintenance.
‘‘(10) ‘Low-level radioactive waste’ has the
same meaning as that term is defined in Section
2(9) of the Act (42 U.S.C. 2021b(9)), or in the host
state statute so long as the waste is not incompatible
with management and disposal at the compact
facility.
‘‘(11) ‘Management’ means collection, consoli-
dation, storage, packaging, or treatment.
‘‘(12) ‘Operator’ means a person who operates
a disposal facility.
‘‘(13) ‘Party state’ means any state that has
become a party in accordance with Article VII of
this compact. Texas, Maine, and Vermont are initial
party states under this compact.
‘‘(14) ‘Person’ means an individual, corpora-
tion, partnership or other legal entity, whether pub-
lic or private.
‘‘(15) ‘Transporter’ means a person who trans-
ports low-level radioactive waste.
‘‘ARTICLE III. THE COMMISSION
‘‘SEC. 3.01. There is hereby established the Texas
Low-Level Radioactive Waste Disposal Compact Commis-
sion. The commission shall consist of one voting member
from each party state except that the host state shall be