Texas Low-Level Radioactive Waste Disposal Compact Consent Act
PL 105-236 (H.R.629), enacted 09/20/1998

112 STAT. 1542 
PUBLIC LAW 105-236—SEPT. 20, 1998 
Public Law 105-236 
105th Congress 
Sept. 20, 1998 
[H.R. 629] 
Texas Low-Level 
Radioactive 
Waste Disposal 
Compact Consent 
Act. 
Maine. 
Vermont. 
42 use 2021d 
note. 
42 use 2021d 
note. 
42 use 2021d 
note. 
Effective date. 
42 use 2021d 
note. 
42 use 2021d 
note. 
An Act 
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 Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Texas Low-Level Radioactive 
Waste Disposal Compact Consent Act". 
SEC. 2. CONGRESSIONAL FINDING. 
The Congress finds that the compact set forth in section 5 
is in fiirtherance 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 enactment 
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 com-
pact. 
SEC. 6. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT. 
(a) CONSENT OF CONGRESS.—In accordeuice with section 4(a)(2) 
of tiie Low-Level Radioactive Waste Policy Act (42 U.S.C. 
2021d(a)(2)), the consent of Congress is given to the States of 
Texas, Maine, and Vermont to enter into the compact set forth 
in subsection (b). 
(b) TEXT OF COMPACT.—^The compact reads substeintially as 
follows: 
PUBLIC LAW 105-236—SEPT. 20, 1998 
112 STAT. 1543 
"TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT 
"ARTICLE I. POLICY AND PURPOSE 
"SEC. 1.01. The party states recognize a responsibility for each 
state to seek to manage low-level radioactive waste generated within 
its boundaries, pursuant to the Low-Level Radioactive Waste PoUcy 
Act, as amended by the Low-Level Radioactive Waste PoUcy Amena-
ments Act of 1985 (42 U.S.C. 2021b-2021j). They also recognize 
that the United States Congress, by enacting the Act, has author-
ized and encouraged states to enter into compacts for the efficient 
management and disposal of low-level radioactive waste. It is the 
policy of the party states to cooperate in the protection of the 
health, safety, and welfare of their citizens eind the environment 
and to provide for and encourage the economical management and 
disposed 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 genera-
tion thereof; and to distribute the costs, benefits, and obligations 
among the party states; all in accordance with the terms of this 
compact. 
"ARTICLE II. DEFINITIONS 
''SEC. 2.01. As used in this compact, unless the context clearly 
indicates otherwise, the following definitions apply: 
"(1) 'Act' means the Low-Level Radioactive Waste PoUcy 
Act, as amended by the Low-Level Radioactive Waste PoUcy 
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 faciUty* or 'faciUtjr* means any site, location, 
structure, or property located in and provided by the host 
state for the purpose of management 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 requirements estabUshed by the 
United States Nuclear Regulatory Commission and the United 
States Environmental Protection Agency under applicable laws, 
or by the host state. 
"(5) 'Generate,' when used in relation to low-level radio-
active 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, exclud-
ing persons who arrange for the collection, transportation, 
management, treatment, 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 faciUty is located or is bein^ developed. 
"(8) 'Host state' means a party state m whicn a compact 
facility is located or is being developed. The State of Texas 
is the host state under this compact. 
"(9) 'Institutional control period' means that period of time 
foUoMong closure of the facility and transfer of the facUity 
112 STAT. 1544 
PUBLIC LAW 105-236—SEPT. 20, 1998 
license from the operator to the custodial agency in compliance 
with the appropriate 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 com-
pact facility. 
"(11) 'Management' means collection, consolidation, storage, 
packaging, or treatment. 
"(12) 'Operator' means a person who operates a disposal 
facility. 
"(13) 'Party state' mesuis any state that has become a 
party in accordance with Article VII of this compact. Texas, 
Maine, and Vermont are initial party states imder this compact. 
"(14) 'Person' means an individual, corporation, partnership 
or other legal entity, whether public or private. 
"(15) Transporter' means a person who transports low-
level radioactive waste. 
Establishment. 
Records. 
Records. 
"ARTICLE III. THE COMMISSION 
"SEC. 3.01. There is hereby estabUshed the Texas Low-Level 
Radioactive Waste Disposal Compact Commission. The commission 
shall consist of one voting member from each party state except 
that the host state shall be entitled to six voting members. Commis-
sion members shall be appointed by the party state governors, 
as provided by the laws of each party state. Each party state 
may provide alternates for each appomted member. 
"SEC. 3.02. A quorum of the commission consists of a majority 
of the members. Except as otherwise provided in this compact, 
an official act of the commission must receive the affirmative vote 
of a majority of its members. 
"SEC. 3.03. The commission is a legal entity separate and 
distinct from the party states and has governmental immunity 
to the same extent as an entity created under the authority of 
Article XVI, Section 59, of the Texas Constitution. Members of 
the commission shall not be personally Uable for actions taken 
in their officieQ capacity. The Uabilities of the commission shall 
not be deemed liabilities of the party states. 
"SEC. 3.04. The commission shall: 
"(1) Compensate its members according to the host state's 
law. 
"(2) Conduct its business, hold meetings, and maintain 
pubUc records pursuant to laws of the host state, except that 
notice of public meetings shall be given in the non-host party 
states in accordance with their respective statutes. 
"(3) Be located in the capital city of the host state. 
"(4) Meet at least once a year and upon the call of the 
chair, or any member. The governor of the host state shall 
• appoint a chair and vice-chair. 
"(5) Keep an accurate account of all receipts and disburse-
ments. An annual audit of the books of the commission shall 
be conducted by an independent certified pubUc accountant, 
and the audit report shall be made a part of the annual report 
of the commission. 
"(6) Approve a budget each year and estabUsh a fiscal 
year that conforms to the fiscal year of the host state. 
PUBLIC LAW 105-236-5EPT. 20, 1998 
112 STAT. 1545 
Reports. 
Deadline. 
Public 
information. 
Records. 
"(7) Prepare, adopt, and implement contingency plans for 
the disposal and management of low-level radioactive waste 
in the event that the compact facility should be closed. Any 
plan which requires the host state to store or otherwise manage 
the low-level radioactive waste from all the party states must 
be approved by at least four host state members of the commis-
sion. The commission, in a contingency plan or otherwise, may 
not require a non-host party state to store low-level radioactive 
waste generated outside of the state. 
"(8) Submit communications to the governors and to the 
presiding officers of the legislatures of the party states regard-
mg the activities of the commission, including an annual report 
to be submitted on or before January 31 of each year. 
"(9) Assemble and make available to the party states, and 
to the pubhc, information concerning low-level radioactive waste 
management needs, technologies, and problems. 
"(10) Keep a current inventory of all generators within 
the party states, based upon information provided by the party 
states. 
"(11) By no later than 180 days after all members of Deadline, 
the commission are appointed under Section 3.01 of this article, 
establish by rule the total volume of low-level radioactive waste 
that the host state will dispose of in the compact facility in 
the years 1995-2045, including decommissioning waste. The 
shipments of low-level radioactive waste from all non-host party 
states shall not exceed 20 percent of the volume estimated 
to be disposed of by the host state during the 50-year period. 
When averaged over such 50-year period, the total of all ship-
ments from non-host party states shall not exceed 20,000 cubic 
feet a year. The commission shall coordinate the volumes, tim-
ing, and frequency of shipments from generators in the non-
host party states in order to assure that over the life of this 
Eigreement shipments from the non-host party states do not 
exceed 20 percent of the volume projected by the commission 
under this paragraph. 
"SEC. 3.05. The commission may: 
"(1) Employ staff necessary to carry out its duties and 
functions. The commission is authorized to use to the extent 
practicable ttie services of existing employees of the party 
states. Compensation shall be as determined by the commission. 
"(2) Accept any grants, equipment, supplies, materials, or 
services, conditional or otherwise, from the federal or state 
government. The nature, amount and condition, if any, of any 
donation, grant or other resources accepted pursuant to this 
paragraph and the identity of the donor or grantor shall be 
detailed in the £innual report of the commission. 
"(3) Enter into contracts to carry out its duties gmd author-
ity, subject to projected resources. No contract made by the 
commission shall bind a party state. 
"(4) Adopt, by a majority vote, bylaws and rules necessary 
to carry out the terms of this compact. Any rules promulgated 
by the commission shall be adopted in accordance with the 
Administrative Procedure and Texas Register Act (Article 6252-
13a, Vernon's Texas Civil Statutes). 
"(5) Sue and be sued and, when authorized by a majority 
vote of the members, seek to intervene in administrative or 
judicial proceedings related to this compact. 
, ,. 
112 STAT. 1546 
PUBLIC LAW 105-236—SEPT. 20, 1998 
"(6) Enter into an agreement with any person, state, 
regional body, or group of states for the importation of low-
level radioactive waste into the compact for management or 
disposal, provided that the agreement receives a majority vote 
of the commission. The commission may adopt such conditions 
and restrictions in the agreement as it deems advisable. 
"(7) Upon petition, allow an individual generator, a group 
of generators, or the host state of the compact, to export low-
level waste to a low-level radioactive waste dispos^ facility 
located outside the party states. The commission may approve 
the petition only by a majority vote of its members. The permis-
sion to export low-level radioactive waste shall be effective 
for that period of time sind for the specified amount of low-
level radioactive waste, and subject to any other term or condi-
tion, as is determined by the commission. 
"(8) Monitor the exportation outside of the party states 
of material, which otherwise meets the criteria of low-level 
radioactive waste, where the sole purpose of the exportation 
is to m£mage or process the material for recycling or waste 
reduction and return it to the party states for disposal in 
the compact facility. 
"SEC. 3.06. Jurisdiction and venue of any action contesting 
£iny action of the commission shall be in the United States District 
Court in the district where the commission maintains its of&ce. 
"ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF PARTY 
STATES 
"SEC. 4.01. The host state shall develop £ind have full adminis-
trative control over the development, management and operation 
of a facility for the disposal of low-level radioactive waste generated 
within the party states. The host state shall be entitled to unlimited 
use of the facility over its operating life. Use of the facility by 
the non-host party states for disposal of low-level radioactive waste, 
including such waste resulting firom decommissioning of any nuclear 
electric generation facilities located in the party states, is Umited 
to tiie volume requirements of Section 3.04(11) of Article IIL 
"SEC. 4.02. Low-level radioactive waste generated within the 
party states shall be disposed of only at the compact faciUty, except 
as provided in Section 3.05(7) of Article IIL 
"SEC. 4.03. The initial states of this compact cannot be members 
of another low-level radioactive waste compact entered into pursu-
ant to the Act. 
"SEC. 4.04. The host state shall do the following: 
"(1) Cause a facility to be developed in a timely manner 
and operated and maintained through the institutional control 
period. 
"(2) Ensure, consistent with any appUcable federal and 
host state laws, the protection and preservation of the environ-
ment and the public health and safety in the siting, design, 
development, 
licensing, 
regulation, 
operation, 
closure, 
decommissioning, and long-term care of the disposal facihties 
within the host state. 
"(3) Close the facility when reasonably necessary to protect 
the pubUc health and safely of its citizens or to protect its 
Notification. 
natural resources from hsirm. However, the host state shall 
notify the commission of the closure within three days of its 
action and shall, within 30 working days of its action, provide 
PUBLIC LAW 105-236—SEPT. 20, 1998 
112 STAT. 1547 
a written explanation to the commission of the closiire, and 
implement any adopted contingency plan. 
"(4) Establish reasonable fees for disposal at the facility 
of low-level radioactive waste generated in the party states 
based on disposal fee criteria set out in Sections 402.272 and 
402.273, Texas Health and Safety Code. The same fees shall 
be charged for the disposal of low-level radioactive waste that 
was generated in the host state and in the non-host party 
states. Fees shall also be sufficient to reasonably support the 
activities of the Commission. 
"(5) Submit an annual report to the commission on the Reports, 
status of the faciUty, including projections of the facilit3r's antici-
pated future capacity, and on the related funds. 
"(6) Notify the Commission immediately upon the occur- Notification. 
rence of any event which could cause a possible temporary 
or permanent closure of the facility and identify all reasonable 
options for the disposal of low-level radioactive waste at alter-
nate compact facilities or, by arrangement and Commission 
vote, at noncompact facilities. 
"(7) Promptly notify the other party states of any legal Notification, 
action involving the facility. 
"(8) Identify smd regulate, in accordance with federal and 
host state law, the means and routes of trajisportation of low-
level radioactive waste in the host state. 
"SEC. 4.05. Each party state shall do the following: 
"(1) Develop and enforce procedures requiring low-level 
radioactive waste shipments originating within its borders and 
destined for the faciUty to conform to packaging, processing, 
and waste form specifications of the host state. 
"(2) Maintain a registry of all generators within the state 
that may have low-level radioactive waste to be disposed of 
at a facility, including, but not limited to, the amoimt of low-
level radioactive waste and the class of low-level radioactive 
waste generated by each generator. 
"(3) Develop and enforce procedures requiring generators 
within its borders to minimize the volume of low-level radio-
active waste requiring disposal. Nothing in this compact shall 
prohibit the storage, treatment, or management of waste by 
a generator. 
"(4) Provide the commission with any daita and information 
necessary for the implementation of the commission's respon-
sibilities, including taking those actions necessary to obtain 
this data or information. 
"(5) Pay for community assistance projects designated by 
the host county in an amount for each non-host party state 
equal to 10 percent of the payment provided for in Article 
V for each such state. One-half of the payment shall be due 
and payable to the host coimty on the first day of the month 
following ratification of this compact agreement by Congress 
and one-half of the pa3nnent shall be due and payable on 
the first day of the month following the approval of a facility 
operating license by the host state's regulatory body. 
"(6) Provide financial support for the commission's activities 
prior to the date of facility operation and subsequent to the 
date of congressional ratification of this compact under Section 
7.07 of Article VII. Each party state will be responsible for 
112 STAT. 1548 
PUBLIC LAW 105-236—SEPT. 20, 1998 
Deadline. 
Deadline. 
annual pajmients equalling its pro-rata share of the commis-
sion's expenses, incurred for administrative, legal, and other 
purposes of the commission. 
"(7) If agreed by all parties to a dispute, submit the dispute 
to arbitration or other alternate dispute resolution process. 
If arbitration is agreed upon, the governor of each party state 
shall appoint an sirbitrator. If the number of party states is 
an even number, the arbitrators so chosen shall appoint an 
additional arbitrator. The determination of a majority of the 
arbitrators shall be binding on the party states. Arbitration 
proceedings shall be conducted in accordance with the provi-
sions of 9 U.S.C. Sections 1 to 16. If all parties to a dispute 
do not agree to arbitration or alternate dispute resolution proc-
ess, the United States District Court in the district where 
the commission maintains its office shall have origined jurisdic-
tion over any action between or among parties to this compact. 
"(8) Provide on a regular basis to the commission and 
host state— 
"(A) an accounting of waste shipped and proposed to 
be shipped to the compact facility, by volume and curies; 
"(B) proposed transportation methods and routes; and 
"(C) proposed shipment schedules. 
"(9) Seek to join in any legal action by or against the 
host state to prevent nonpsirty states or generators from dispos-
ing of low-level radioactive waste at the facility. 
"SEC. 4.06. Each party state shall act in good faith and may 
rely on the good faith performance of the other party states regard-
ing requirements of this compact. 
"ARTICLE V. PARTY STATE CONTRIBUTIONS 
"SEC. 5.01. Each party state, except the host state, shall contrib-
ute a total of $25 million to the host state. Payments shall be 
deposited in the host state treasury to the credit of the low-level 
waste fund in the following manner except as otherwise provided. 
Not later than the 60th day after the date of congressional ratifica-
tion of this compact, each non-host party state shall pay to the 
host state $12.5 million. Not later than the 60th day after the 
date of the opening of the compact facility, each non-host party 
state shall pay to the host state an additional $12.5 million. 
"SEC. 5.02. As an alternative, the host state £ind the non-
host states may provide for pa3niients in the same total amount 
as stated above to be made to meet the principal and interest 
expense associated with the bond indebtedness or other form of 
indebtedness issued by the appropriate agency of the host state 
for purposes associated with the development, operation, and post-
closure monitoring of the compact facility. In the event the member 
states proceed in this manner, the payment schedule shall be deter-
mined in accordance with the schedule of debt repajrment. This 
schedule shall replace the pajnnent schedule described in Section 
5.01 of this article. 
"ARTICLE VI. PROHIBITED ACTS AND PENALTIES 
"SEC. 6.01. No person shall dispose of low-level radioactive 
waste generated within the party states unless the disposal is 
at the compact facility, except as otherwise provided in Section 
3.05(7) of Article III. 
PUBLIC LAW 105-236—SEPT, 20, 1998 
112 STAT. 1549 
"SEC. 6.02. No person shall manage or dispose of any low-
level radioactive waste within the party states unless the low-
level radioactive waste was generated witliin the party states, 
except as provided in Section 3.05(6) of Article IIL Nothing herein 
shall be construed to prohibit the storage or management of low-
level radioactive waste by a generator, nor its disposal pursuant 
to 10 C.F.R. Part 20.302. 
"SEC. 6.03. Violations of this article may result in prohibiting 
the violator from disposing of low-level radioactive waste in the 
compact facihty, or m the imposition of penalty surcharges on 
shipments to the facility, as determined by the commission. 
"ARTICLE VII. ELIGIBILITY, ENTRY INTO EFFECT; CONGRESSIONAL 
CONSENT; WITHDRAWAL; EXCLUSION 
"SEC. 7.01. The states of Texas, Maine, and Vermont are party 
states to this compact. Any other state may be made eligible for 
party status by a msgority vote of the commission and ratification 
by the legislature of the host state, subject to fulfillment of the 
rights of the initial non-host partv states tuider Section 3.04(11) 
of Article III £uid Section 4.01 of Article IV, and upon compliance 
with those terms and conditions for eUgibihty that the host state 
may estabUsh. The host state may estabUsh all terms and conditions 
for the entry of any state, other than the states named in this 
section, as a member of this compact; provided., however, the specific 
provisions of this compact, except for those pertaining to the com-
position of the commission and those pertaining to Section 7.09 
of this article, may not be changed except upon ratification by 
the legislatures of the party states. 
"SEC. 7.02. Upon compliance with the other provisions of this 
compact, a state made eligible under Section 7.01 of this article 
may become a party state by legislative enactment of this compact 
_ -
or by executive order of the governor of the state adopting this 
compact. A state becoming a party state by executive order shall 
cease to be a party state upon adjournment of the first general 
session of its legislature convened after the executive order is issued, 
unless before the adjournment, the legislature enacts this compact. 
"SEC. 7.03. Any p£urty state may withdraw from this compact 
by repealing enactment of this compact subject to the provisions 
herein. In the event the host state sdlows aiti additional state or 
additional states to join the compact, the host state's legislature, 
without the consent of the non-host party states, shall nave the 
right to modify the composition of the commission so that the 
host state shaU have a votmg majority on the commission, provided, 
however, that £uiy modification maintains the right of each initial 
party state to retain one voting member on the commission. 
"SEC. 7.04. If the host state withdraws from the compact, the Effective date, 
withdrawal shall not become effective until five years after enact-
ment of the repealing legislation and the non-host party states 
may continue to use the facility during that time, llie financial 
obUgation of the non-host party states under Article V shall cease 
immediately upon enactment of the repealing legislation. If the 
host state withdraws from the compact or abandfons plans to operate 
a facility prior to the date of any non-host party state pa3ntnent 
under Sections 4.05(5) and (6) of Article IV or Article V, the non-
host party states are relieved of any obligations to make the con-
tributions. This section sets out the exclusive remedies for the 
112 STAT. 1550 
PUBLIC LAW 105-236—SEPT. 20, 1998 
non-host party states if the host state withdraws from the compact 
or is unable to develop and operate a compact facility. 
Effective date. 
"SEC. 7.05. A party state, other than the host state, may with-
draw from the compact by repealing the enactment of this compact, 
but this withdrawal shall not become effective until two years 
after the effective date of the repealing legislation. During this 
two-year period the party state will continue to have access to 
the facility. The withdrawing party shall remain liable for any 
payments imder Sections 4.05(5) and (6) of Article IV that were 
due during the two-year period, and shall not be entitled to £iny 
refund of pajonents previously made. 
"SEC. 7.06. Any party state that substantially fails to comply 
with the terms of the compact or to fulfill its obligations hereunder 
may have its membership in the compact revoked by a seven-
eighths vote of the commission following notice that a hearing 
will be scheduled not less than six monms from the date of the 
notice. In all other respects, revocation proceedings undertaken 
by the commission will be subject to the Administrative Procedure 
and Texas Register Act (Article 6252-13a, Vernon's Texas Civil 
Statutes), except that a party state may appeal the commission's 
revocation decision to the United States District Court in accordsince 
Effective date. 
with Section 3.06 of Article III. Revocation shall take effect one 
year from the date such party state receives written notice from 
Notice. 
the commission of a final action. Written notice of revocation shall 
be transmitted immediately following the vote of the commission, 
by the chair, to the governor of the affected party state, all other 
governors of party states, and to the United States Congress. 
Effective date. 
"SEC. 7.07. This compact shall take effect following its enact-
ment imder the laws of the host state and any other party state 
and theresifter upon the consent of the United States Congress 
and shall remain in effect until otherwise provided by federal law. 
If Texas and either Maine or Vermont ratify this compact, the 
compact shall be in full force and effect as to Texas and the 
other ratifying state, and this compact shall be interpreted as 
follows: 
"(1) Texas and the other ratifying state are the initial 
party states. 
"(2) The commission shall consist of two voting members 
from the other ratifying state and six from Texas. 
"(3) Each party state is responsible for its pro-rata share 
of the commission's expenses. 
"SEC. 7.08. This compact is subject to review by the United 
States Congress and the withdrawal of the consent of Congress 
every five years after its effective date, pursuant to federal law. 
"SEC. 7.09. The host state legislature, with the approval of 
the governor, shall have the right and authority, without the con-
sent of the non-host party states, to modify the provisions contained 
in Section 3.04(11) of Article III to comply with 
Section 
402.219(c)(1), Texas Health & Safety Code, as long as the modifica-
tion does not impsdr the rights of the initial non-host party states. 
"ARTICLE VIII. CONSTRUCTION AND SEVERABILITY 
"SEC. 8.01. The provisions of this compact shall be broadly 
construed to carry out the purposes of the compact, but the sov-
ereign powers of a party shall not be infiinged upon unnecessarily. 
"SEC. 8.02. This compact does not affect any judicial proceeding 
pending on the effective date of this compact. 
PUBLIC LAW 105-236—SEPT. 20, 1998 
112 STAT. 1551 
"SEC. 8.03. No party state acquires any liability, by joining 
this compact, resulting from the siting, operation, maintenance, 
long-term care or any other activity relating to the compact facility. 
No non-host party state shall be liable for any harm or damage 
from the siting, operation, maintenance, or long-term care relating 
to the compact facility. Except as otherwise expressly provided 
in this compact, nothing in this compact shall be construed to 
alter the incidence of liability of any kind for any act or failure 
to act. Generators, transporters, owners and operators of the facility 
shall be liable for their acts, omissions, conduct or relationships 
in accordance with applicable law. By entering into this compact 
and securing the ratification by Congress of its terms, no party 
state acquires a potential liability under section 5(d)(2XC) of the 
Act (42 U.S.C. Sec. 2021e(d)(2)(C)) that did not exist prior to enter-
ing into this compact. 
"SEC. 8.04. If a party state withdraws from the compact pursu-
ant to Section 7.03 of Article VII or has its membership in this 
compact revoked pursuant to section 7.06 of Article VII, the with-
drawal or revocation shall not affect any liability already incurred 
by or chargeable to the affected state under Section 8.03 of this 
£urticle. 
"SEC. 8.05. The provisions of this compact shall be severable 
and if any phrase, clause, sentence, or provision of this compact 
is declared by a court of competent jurisdiction to be contrary 
to the constitution of any participating state or of the United 
States or the applicability thereof to any government, agency, per-
son or circumstances is held invalid, the validity of the remainder 
of this compact and the applicability thereof to any government, 
agency, person, or circumstance shall not be effected thereby to 
the extent the remciinder can in all fairness be given effect. If 
any provision of this compact shall be held contrary to the constitu-
tion of any state participating therein, the compact shall remain 
in full force and ^effect as to the state affected as to all severable 
matters. 
"SEC. 8.06. Nothing in this compact diminishes or otherwise 
impairs the jurisdiction, authority, or discretion of either of the 
following: 
"(1) The United States Nuclear Regulatory Commission 
pursuant to the Atomic Energy Act of 1954, as amended (42 
U.S.C. Sec. 2011 et seq.). 
"(2) An agreement state under section 274 of the Atomic 
Energy Act of 1954, as amended (42 U.S.C. Sec. 2021). 
"SEC. 8.07. Nothing in this compact confers any new authority 
on the stetes or commission to do any of the following: 
"(1) Regulate the packaging or transportation of low-level 
radioactive waste in a manner inconsistent with the regulations 
of the United States Nuclear Regulatorir Commission or the 
United States Department of Transportation. 
112 STAT. 1552 
PUBLIC LAW 105-236—SEPT. 20, 1998 
"(2) Regulate health, safety, or environmental hazards from 
source, by-product, or special nuclear material. 
"(3) Inspect the activities of licensees of the agreement 
states or of the United States Nuclear Regulatory Commission.". 
Approved September 20, 1998. 
LEGISLATIVE HISTORY—H.R. 629 (S. 270): 
HOUSE REPORTS: Nos. 105-181 (Comm. on Commerce) and 105-630 (Comm. of 
Conference). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Oct. 7, considered and passed House. 
Vol. 144 (1998): Apr. 1, considered and passed Senate, amended. 
July 29, House agreed to conference report. 
Sept. 1, 2, Senate considered and agreed to conference report.