U.S. Code » Title 42 » Chapter CHAPTER 23— DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Division Division A— Atomic Energy › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

42 U.S.C. § 2021c

Responsibilities for disposal of low-level radioactive waste

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(a)(1) Each State shall be responsible for providing, either by itself or in cooperation with other States, for the disposal of—(A) low-level radioactive waste generated within the State (other than by the Federal Government) that consists of or contains class A, B, or C radioactive waste as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983;(B) low-level radioactive waste described in subparagraph (A) that is generated by the Federal Government except such waste that is—(i) owned or generated by the Department of Energy;(ii) owned or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy; or(iii) owned or generated as a result of any research, development, testing, or production of any atomic weapon; and(C) low-level radioactive waste described in subparagraphs (A) and (B) that is generated outside of the State and accepted for disposal in accordance with sections 11 So in original. Probably should be “section”. 2021e or 2021f of this title.(2) No regional disposal facility may be required to accept for disposal any material—(A) that is not low-level radioactive waste as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983, or(B) identified under the Formerly Utilized Sites Remedial Action Program.Nothing in this paragraph shall be deemed to prohibit a State, subject to the provisions of its compact, or a compact region from accepting for disposal any material identified in subparagraph (A) or (B).(b)(1) The Federal Government shall be responsible for the disposal of—(A) low-level radioactive waste owned or generated by the Department of Energy;(B) low-level radioactive waste owned or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy;(C) low-level radioactive waste owned or generated by the Federal Government as a result of any research, development, testing, or production of any atomic weapon; and(D) any other low-level radioactive waste with concentrations of radionuclides that exceed the limits established by the Commission for class C radioactive waste, as defined by section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983.(2) All radioactive waste designated a Federal responsibility pursuant to subparagraph (b)(1)(D) that results from activities licensed by the Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended, shall be disposed of in a facility licensed by the Nuclear Regulatory Commission that the Commission determines is adequate to protect the public health and safety.(3) Not later than 12 months after January 15, 1986, the Secretary shall submit to the Congress a comprehensive report setting forth the recommendations of the Secretary for ensuring the safe disposal of all radioactive waste designated a Federal responsibility pursuant to subparagraph (b)(1)(D). Such report shall include—(A) an identification of the radioactive waste involved, including the source of such waste, and the volume, concentration, and other relevant characteristics of such waste;(B) an identification of the Federal and non-Federal options for disposal of such radioactive waste;(C) a description of the actions proposed to ensure the safe disposal of such radioactive waste;(D) a description of the projected costs of undertaking such actions;(E) an identification of the options for ensuring that the beneficiaries of the activities resulting in the generation of such radioactive wastes bear all reasonable costs of disposing of such wastes; and(F) an identification of any statutory authority required for disposal of such waste.(4) The Secretary may not dispose of any radioactive waste designated a Federal responsibility pursuant to paragraph (b)(1)(D) that becomes a Federal responsibility for the first time pursuant to such paragraph until ninety days after the report prepared pursuant to paragraph (3) has been submitted to the Congress.(Pub. L. 96–573, § 3, as added Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1843.)Editorial NotesReferences in Text

The Atomic Energy Act of 1954, referred to in subsec. (b)(2), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

January 15, 1986, referred to in subsec. (b)(3), was in the original “the date of enactment of this Act” and was translated as meaning the date of enactment of Pub. L. 99–240 to reflect the probable intent of Congress.

Codification

Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

Prior Provisions

A prior section 2021c, Pub. L. 96–573, § 3, Dec. 22, 1980, 94 Stat. 3347, related to the applicability of low-level radioactive waste compacts, prior to repeal by Pub. L. 99–240, § 102. See section 2021d of this title.

Notes of Decisions
Cited in 21 cases, 1991–2017 · leading case: Nat'l Fed'n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012).
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Nat'l Fed'n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012). · cites it 4× “, at 169 (quoting 42 U. S. C. §2021c(a)(1)(A)). A State that shipped its waste to another State was exposed to surcharges by the receiving State, a portion of which would be paid over to the Federal Government.”
New York v. United States, 505 U.S. 144 (1992). · cites it 3× “low-level radioactive waste generated within the State," 42 U. S. C. § 2021c(a)(1)(A), with the exception of certain waste generated by the Federal Government, §§ 2021c(a)(1)(B), 2021c(b).”
Nuclear Metals, Inc. v. Low-Level Radioactive Waste Mgmt. Bd., 656 N.E.2d 563 (Mass. 1995). · cites it 3× “” 42 U.S.C. § 2021c (a) (1) (A). The goal of the Federal act is to decrease reliance on the few existing disposal sites, located in the States of Washington, South Carolina, and Nevada, 3 by encouraging States to enter into cooperative regional compacts and develop disposal…”
Yankee Atomic Elec. Co. v. United States, 73 Fed. Cl. 249 (Fed. Cl. 2006). · cites it 2× “” 42 U.S.C. § 2021c (b)(1)(D). Defendant acknowledges this responsibility.”
US Ecology, Inc. v. United States Dep't of the Interior, 231 F.3d 20 (D.C. Cir. 2000). “42 U.S.C. §§ 2021c, 2021d. Under the Southwestern Compact, California is responsible for developing and operating the group’s first such regional facility.”
City of Philadelphia v. Sessions, 280 F. Supp. 3d 579 (E.D. Pa. 2017). “” 42 U.S.C. § 2021c(a)(l)(A). To encourage the states to comply with this statutory requirement, the LLRWPAA provided three types of incentives: 1.”
Pac. Gas & Elec. Co. v. United States, 73 Fed. Cl. 333 (Fed. Cl. 2006). “42 U.S.C. § 2021c (2000). . In any event, if DOE would have collected PG & E's GTCC waste at the same time it collected its SNF and/or HLW, this would simply be an incidental benefit, rather than a bargained-for benefit — the consideration for which was fees paid to the Nuclear…”
California Radioactive Materials Mgmt. Forum v. Dep't of Health Servs., 93 Cal. Daily Op. Serv. 3443 (Cal. Ct. App. 1993). “15 (42 U.S.C. § 2021c.) It authorized the states to enter into regional compacts to fulfill *867 that responsibility.”
Pac. Gas & Elec. Co. v. United States, 70 Fed. Cl. 766 (Fed. Cl. 2006). “low-level radioactive waste with concentrations of radionuclides that exceed the limits established by the Commission for class C radioactive waste____ 42 U.S.C. § 2021c (2000). Notably, the LLRWPA does not specify a time within which the government must meet this disposal obli-…”
State of Nebraska v. Cent. Interstate Low-Level Radioactive Waste Comm'n,appellee, 207 F.3d 1021 (8th Cir. 2000). · cites it 2× “low-level-radioactive waste generated within the State,” 42 U.S.C. § 2021c(a)(l)(A), with the exception of certain waste generated by the federal government.”
Gordon v. Holder, 826 F. Supp. 2d 279 (D.D.C. 2011). “2408 (quoting 42 U.S.C. § 2021c(a)(l)(A)) (internal quotation marks omitted).”
Santini v. Connecticut Hazardous Waste Mgmt. Serv., 739 A.2d 680 (Conn. 1999). “1842 (1985), codified at 42 U.S.C. § 2021c (a) (1) (A); which required states to accommodate the low-level radioactive waste generated in their states by disposing of it either in-state or through compacts with other states by the end of 1992.”
Show all 21 citing cases →
— 42 U.S.C. § 2021c(a)(1) — 1 case
New York v. United States, 942 F.2d 114 (2d Cir. 1991).
— 42 U.S.C. § 2021c(a)(1)(A) — 4 cases
Nat'l Fed'n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012). “, at 169 (quoting 42 U. S. C. §2021c(a)(1)(A)). A State that shipped its waste to another State was exposed to surcharges by the receiving State, a portion of which would be paid over to the Federal Government.”
New York v. United States, 505 U.S. 144 (1992). “low-level radioactive waste generated within the State," 42 U. S. C. § 2021c(a)(1)(A), with the exception of certain waste generated by the Federal Government, §§ 2021c(a)(1)(B), 2021c(b).”
Nat'l Fed'n of Indep. Bus. v. Sebelius (2012).
State of Nebraska v. Cent. Interstate (8th Cir. 2000).
— 42 U.S.C. § 2021c(a)(1)(B) — 1 case
State of Nebraska v. Cent. Interstate (8th Cir. 2000).
— 42 U.S.C. § 2021c(a)(l) — 3 cases
Cent. Midwest Interstate Low-Level Radioactive Waste Comm'n v. O'Leary, 873 F. Supp. 159 (C.D. Ill. 1995).
Michigan Coalition of Radioactive Materials Users v. Griepentrog, 769 F. Supp. 999 (W.D. Mich. 1991).
Nuclear Metals, Inc. v. Mayer, 1 Mass. L. Rptr. 25 (Mass. Super. Ct. 1993).
— 42 U.S.C. § 2021c(a)(l)(A) — 5 cases
New York v. United States, 505 U.S. 144 (1992). “low-level radioactive waste generated within the State," 42 U. S. C. § 2021c(a)(1)(A), with the exception of certain waste generated by the Federal Government, §§ 2021c(a)(1)(B), 2021c(b).”
City of Philadelphia v. Sessions, 280 F. Supp. 3d 579 (E.D. Pa. 2017). “” 42 U.S.C. § 2021c(a)(l)(A). To encourage the states to comply with this statutory requirement, the LLRWPAA provided three types of incentives: 1.”
Gordon v. Holder, 826 F. Supp. 2d 279 (D.D.C. 2011). “2408 (quoting 42 U.S.C. § 2021c(a)(l)(A)) (internal quotation marks omitted).”
State of Nebraska v. Cent. Interstate Low-Level Radioactive Waste Comm'n,appellee, 207 F.3d 1021 (8th Cir. 2000). “low-level-radioactive waste generated within the State,” 42 U.S.C. § 2021c(a)(l)(A), with the exception of certain waste generated by the federal government.”
Cent. Midwest Interstate Low-Level Radioactive Waste Comm'n v. O'Leary, 858 F. Supp. 114 (C.D. Ill. 1994).
— 42 U.S.C. § 2021c(a)(l)(B) — 1 case
State of Nebraska v. Cent. Interstate Low-Level Radioactive Waste Comm'n,appellee, 207 F.3d 1021 (8th Cir. 2000). “low-level-radioactive waste generated within the State,” 42 U.S.C. § 2021c(a)(l)(A), with the exception of certain waste generated by the federal government.”
— 42 U.S.C. § 2021c(b)(l)(A) — 1 case
Waste Control Specialists, LLC v. United States Dep't of Energy, 141 F.3d 564 (5th Cir. 1998).
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