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.
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 section may be cited as the ‘‘Low-Level Radio-
active Waste Policy Act of 1996’’.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) COMPACT.—The term ‘‘compact’’ means a
compact entered into by 2 or more States under sec-
tion 4 of the Low-Level Radioactive Waste Policy
Act.
(2) COMPACT REGION.—The term ‘‘compact re-
gion’’ means the area consisting of all the States
that are members of the compact.
(3) DISPOSAL.—The term ‘‘disposal’’ means the
permanent isolation of low-level radioactive waste
pursuant to the requirements established by the Nu-
clear Regulatory Commission.
(4) GENERATE.—The term ‘‘generate’’, when
used in relation to low-level radioactive waste, means
to produce low-level radioactive waste.
(5) LOW-LEVEL
RADIOACTIVE
WASTE.—The
term ‘‘low-level radioactive waste’’ means radioactive
material that—
(A) is not highly radioactive waste, spent
nuclear fuel, or byproduct material (as defined
in section 11e.(2) of the Atomic Energy Act of
1954 (42 U.S.C. 2014(e)(2)))—
(i) owned or generated by the Depart-
ment of Energy;
(ii) owned or generated by the United
States Navy as the result of the decommis-
sion of vessels of the United States Navy;
or
(iii) owned or generated as a result of
any research, development, testing, or pro-
duction of any atomic weapons;
(B) the Nuclear Regulatory Commission,
consistent with existing law and in accordance
with subparagraph (A), classifies as low-level
radioactive waste; and
(C) consists of or contains class A, B, or
C radioactive waste as defined by regulations
published at section 61.55 of title 10, Code of
Federal Regulations, as in effect on January
26, 1983.
(6) SECRETARY.—The term ‘‘Secretary’’, unless
otherwise specified, means the Secretary of the Inte-
rior.
(7) SITED COMPACT REGION.—The term ‘‘sited
compact region’’ means a compact region in which
there is located one of the following disposal facili-
ties: Barnwell in the State of South Carolina and
Richland in the State of Washington. A region
ceases to be a sited compact region if, for any rea-
son, the disposal facility located in the region ceases
to accept waste.
(8) STATE.—The term ‘‘State’’ means any
State of the United States, the District of Columbia,
and the Commonwealth of Puerto Rico.
SEC. 3. DUTY TO DISPOSE OF LOW-LEVEL RADIOACTIVE
WASTE.
The Secretary shall dispose of low-level radioactive
waste generated within any State outside a sited compact
region. Each sited compact region shall provide for the
disposal of low-level radioactive waste generated within the
sited compact region. A State outside a sited compact re-
gion may provide for the disposal within that State of any
low-level radioactive waste generated within that State, ex-
cept that such a State shall not be required to accept low-
level radioactive waste generated outside that State, ex-
cept under contract with the Secretary under section 5.
SEC. 4. ESTABLISHMENT OF DISPOSAL FACILITY.
The Secretary shall establish a disposal facility for
low-level radioactive waste on land owned by the Federal
Government, and may contract with the Department of
Energy for disposal of low-level radioactive waste at a dis-
posal facility established by the Department of Energy for
radioactive waste as described in clause (i), (ii), or (iii)
of section 2(5)(A).
SEC. 5. ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.
Not later than January 1, 1997, the Secretary shall
accept for disposal any low-level radioactive waste gen-
erated within any State outside a sited compact region.
Notwithstanding any other provision of law, no later than
January 1, 1997, the Secretary shall contract with the
Secretary of Energy for the temporary storage of low-level
radioactive waste at any facility established by the Depart-
ment of Energy for radioactive waste as described in
clause (i), (ii), or (iii) of section 2(5)(A) and may contract
with the Secretary of Energy for disposal of such waste
at any such facility or may contract with any State for
disposal of such waste at any licensed disposal facility op-
erated to dispose of low-level radioactive waste generated
within that State. The Secretary shall take physical pos-
session of low-level radioactive waste tendered consistent
with this Act by a waste generator or broker or by a State
official charged with regulating possession of radioactive
materials beginning on January 1, 1997, whether or not
a contract with the Secretary of Energy has been exe-
cuted.
SEC. 6. RATES FOR DISPOSAL.
The Secretary shall establish by regulation rates for
the disposal of low-level radioactive waste accepted for dis-
posal. The rates shall provide for recovery of the actual
costs of disposal and the administrative costs of the Sec-