An act to set forth a Federal policy for the disposal of low-level radioactive wastes, and for other purposes.
PL 96-573 (S.2189), enacted 12/22/1980

PUBLIC LAW 96-573—DEC. 22, 1980 
94 STAT. 3347 
Public Law 96-573 
96th Congress 
An Act 
To set forth a Federal policy for the disposal of low-level radioactive wastes, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Low-Level Radioactive 
Waste PoUcy Act". 
DEFINITIONS 
SEC. 2. As used in this Act— 
(1) The term "disposal" means the isolation of low-level radio-
active waste pursuant to requirements established by the 
Nuclear Regulatory Commission under applicable laws. 
(2) The term "low-level radioactive waste" means radioactive 
waste not classified as high-level radioactive waste,,transuranic 
waste, spent nuclear fuel, or byproduct material as defined in 
section l i e . (2) of the Atomic Energy Act of 1954. 
(3) The term "State" means any State of the United States, the 
District of Columbia, and, subject to the provisions of Public Law 
96-205, the Commonwealth of Puerto Rico, the Virgin Islands, 
Guam, the Northern Mariana Islands, the Trust Territory of the 
Pacific Islands, and any other territory or possession of the 
United States. 
(4) For purposes of this Act the term "atomic energy defense 
activities of the Secretary" includes those activities and facilities 
of the Department of Energy carr3dng out the function of— 
(i) Naval reactors development and propulsion, 
(ii) weapons activities, verification and control technology, 
(iii) defense materials production, 
(iv) inertial confinement fusion, 
(v) defense waste management, and 
(vi) defense nuclear materials security and safeguards (all 
as included in the Department of Energy appropriations 
account in any fiscal year for atomic energy defense 
activities). 
GENERAL PROVISIONS 
SEC. 3. (a) Compacts established under this Act or actions taken 
under such compacts shall not be applicable to the transportation, 
management, or disposal of low-level radioactive waste from atomic 
energy defense activities of the Secretary or Federal research and 
development activities. 
0)) Any facility established or operated exclusively for the disposal 
of low-level radioactive waste produced by atomic energy defense 
activities of the Secretary or Federal research and development 
Dec. 22, 1980 
[S. 2189] 
Low-Level 
Radioactive 
Waste Policy 
Act. 
42 u s e 2021b 
note. 
42 u s e 2021b. 
42 u s e 2021c. 
94 STAT. 3348 
PUBLIC LAW 96-573—DEC. 22, 1980 
activities shall not be subject to compacts established under this Act 
or actions taken under such compacts. 
State compacts 
regarding 
regional 
facilities. 
42 u s e 2021d. 
Congressional 
consent. 
Report to 
Congress and 
States. 
LOW-LEVEL RADIOACTIVE WASTE DISPOSAL 
SEC. 4. (a)(1) It is the policy of the Federal Government that— 
(A) each State is responsible for providing for the availability 
of capacity either within or outside the State for the disposal of 
low-level radioactive waste generated within its borders except 
for waste generated as a result of defense activities of the 
Secretary or Federal research and development activities; and 
(B) low-level radioactive waste can be most safely and 
efficiently managed on a regional basis. 
(2)(A) To carry out the policy set forth in paragraph (1), the States 
may enter into such compacts as may be necessary to provide for the 
establishment and operation of regional disposal facilities for low-
level radioactive waste. 
(B) A compact entered into under subparagraph (A) shall not take 
effect until the Congress has by law consented to the compact. Each 
such compact shall provide that every 5 years after the compact has 
taken effect the Congress may by law withdraw its consent. After 
January 1, 1986, any such compact may restrict the use of the 
regional disposal facilities under the compact to the disposal of low-
level radioactive waste generated within the region. 
(b)(1) In order to assist the States in carrying out the policy set forth 
in subsection (a)(1), the Secretary shall prepare and submit to 
Congress and to each of the States within 120 days after the date of 
the enactment of this Act a report which— 
(A) defines the disposal capacity needed for present and future 
low-level radioactive waste on a regional basis; 
(B) defines the status of all commercial low-level radioactive 
waste disposal sites and includes an evaluation of the license 
status of each such site, the state of operation of each site, 
including operating history, an analysis of the adequacy of 
disposal technology employed at each site to contain low-level 
radioactive wastes for their hazardous lifetimes, and such recom-
mendations as the Secretary considers appropriate to assure 
protection of the public health and safety from wastes trans-
ported to such sites; 
(C) evaluates the transportation requirements on a regional 
basis and in comparison with performance of present transporta-
tion practices for the shipment of low-level radioactive wastes, 
including an inventory of types and quantities of low-level 
wastes, and evaluation of shipment requirements for each type of 
waste and an evaluation of the ability of generators, shippers, 
and carriers to meet such requirements; and 
(D) evaluates the capability of the low-level radioactive waste 
disposal facilities owned and operated by the Department of 
Energy to provide interim storage for commercially generated 
low-level waste and estimates the costs associated with such 
interim storage. 
PUBLIC LAW 96-573—DEC. 22, 1980 
94 STAT. 3349 
(2) In carrying out this subsection, the Secretary shall consult with 
the Governors of the States, the Nuclear Regulatory Commission, the 
Environmental Protection Agency, the United States Geological 
Survey, and the Secretary of Transportation, and such other agencies 
and departments as he finds appropriate. 
Approved December 22,1980. 
LEGISLATIVE fflSTORY: 
SENATE REPORT No. 96-548 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
July 28-30, considered and passed Senate. 
Dec. 3, H.R. 8378 considered and passed House; passage vacated and S. 2189, 
amended, passed in lieu. 
Dec. 13, Senate agreed to House amendment with amendments; House 
agreed to Senate amendments. 
79-194 
O—81—pt. 3 
45 : QL3