[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4814 Engrossed in House (EH)]
103d CONGRESS
2d Session
H. R. 4814
_______________________________________________________________________
AN ACT
To grant the consent of the Congress to amendments to the Central
Midwest Interstate Low-Level Radioactive Waste 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 ``Central Midwest Interstate Low-Level
Radioactive Waste Compact Amendments Consent Act of 1994''.
SEC. 2. CONDITIONS OF CONSENT TO COMPACT AMENDMENTS.
The consent of the Congress to the compact amendments set forth in
section 3--
(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 amended compact complies with all of the
provisions of such Act.
SEC. 3. CONSENT OF CONGRESS TO COMPACT AMENDMENTS.
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 hereby given to amendments made by the States of Illinois and
Kentucky to the Central Midwest Interstate Low-Level Radioactive Waste
Compact, which compact was consented to by the Congress in section 224
of the Omnibus Low-Level Radioactive Waste Interstate Compact Consent
Act (Public Law 99-240; 42 U.S.C. 2021 note). The amendments to which
such consent is given are substantially as follows:
(1) The 2d undesignated paragraph of article I of the
compact is amended to read as follows:
``The states party to this compact recognize that the Congress of
the United States, by enacting the Low-Level Radioactive Waste Policy
Act (42 U.S.C. 2021), has provided for and encouraged the development
of low-level radioactive waste compacts as a tool for managing such
waste. The party states also recognize that the management of low-level
radioactive waste is handled most efficiently on a regional basis; and,
that the safe and efficient management of low-level radioactive waste
generated within the region requires that sufficient capacity to manage
such waste be properly provided.''.
(2) Section (k) of article II of the compact is amended to
read as follows:
``k) `Low-level radioactive waste' or `waste' means radioactive
waste not classified as (1) high-level radioactive waste, (2)
transuranic waste, (3) spent nuclear fuel, or (4) by-product material
as defined in Section 11e. (2) of the Atomic Energy Act of 1954. This
definition shall apply notwithstanding any declaration by the federal
government, a state or any regulatory agency that any radioactive
material is exempt from any regulatory control.''.
(3) Section (q) of article II of the compact is amended to
read as follows:
``q) `Regional facility' means any facility as defined in Article
II(f) that is (1) located within the region, and (2) established by a
party state pursuant to designation of that state as a host state by
the Commission.''.
(4) Sections (a) and (b) of article III of the compact are
amended to read as follows:
``a) There is created the Central Midwest Interstate Low-Level
Radioactive Waste Commission. Upon the eligible states becoming party
states, the Commission shall consist of two voting Commissioners from
each state eligible to be designated a host state under Article VI(b),
one voting Commissioner from any other party state, and for each
regional facility, one non-voting Commissioner who is an elected
official of local government and a resident of the county where that
regional facility is located. The Governor of each party state shall
notify the Commission in writing of its Commissioners and any
alternates.
``b) Each voting Commissioner is entitled to one vote. No action of
the Commission is binding unless a majority of the voting membership
casts its vote in the affirmative. In addition, no agreement by the
Commission under Article III(i)(1), Article III(i)(2), or Article
III(i)(3) is valid unless all voting Commissioners from the party state
in which the facility where waste would be sent is located cast their
votes in the affirmative.''.
(5) Sections (d) and (e) of article III of the compact are
amended to read as follows:
``d) The Commission shall meet at least once annually and shall
also meet upon the call of any voting Commissioner.
``e) All meetings of the Commission and its designated committees
shall be open to the public with reasonable advance notice. The
Commission may, by majority vote, close a meeting to the public for the
purpose of considering sensitive personnel or legal strategy matters.
However, all Commission actions and decisions shall be made in open
meetings and appropriately recorded. A roll call may be required upon
request of any voting Commissioner.''.
(6) Section (g) of article III of the compact is amended to
read as follows:
``g) The Office of the Commission shall be in Illinois. The
Commission may appoint or contract for and compensate such staff
necessary to carry out its duties and functions. The staff shall serve
at the Commission's pleasure with the exception that staff hired as the
result of securing federal funds shall be hired and governed under
applicable federal statutes and regulations. In selecting any staff,
the Commission shall assure that the staff has adequate experience and
formal training to carry out the functions assigned to it by the
Commission.''.
(7) Sections (i) and (j) of article III of the compact are
amended to read as follows:
``i) The Commission may:
``1) Enter into an agreement with any person to allow waste
from outside the region to be disposed of at facilities in the
region. However, no such agreement shall be effective unless
and until ratified by a law enacted by the party state to which
the waste would be sent for disposal.
``2) Enter into an agreement with any person to allow waste
described in Article VII(a)(6) to be treated, stored, or
disposed of at regional facilities. However, no such agreement
shall be effective unless and until ratified by a law enacted
by the host state of the regional facility to which the waste
would be sent for treatment, storage, or disposal.
``3) Enter into an agreement with any person to allow waste
from outside the region to be treated or stored at facilities
in the region. However, any such agreement shall be revoked as
a matter of law if, within one year of the effective date of
the agreement, a law is enacted ordering such revocation by the
party state to which the waste would be sent for treatment or
storage.
``4) Approve, or enter into an agreement with any person
for, the export of waste from the region.
``5) Approve the disposal of waste generated within the
region at a facility in the region other than a regional
facility, subject to the limitations of Articles V(f) and
VII(a)(6).
``6) Require that waste generated within the region be
treated or stored at available regional facilities, subject to
the limitations of Articles V(f), VII(a)(3) and VII(a)(6).
``7) Appear as an intervenor or party in interest before
any court of law or any federal, state or local agency, board
or commission in any matter related to waste management. In
order to represent its views, the Commission may arrange for
any expert testimony, reports, evidence or other participation.
``8) Review the emergency closure of a regional facility,
determine the appropriateness of that closure, and take
whatever actions are necessary to ensure that the interests of
the region are protected, provided that a party state with a
total volume of waste recorded on low-level radioactive waste
manifests for any year that is less than 10 percent of the
total volume recorded on such manifests for the region during
the same year shall not be designated a host state or be
required to store the region's waste. In determining the 10
percent exclusion, there shall not be included waste recorded
on low-level radioactive waste manifests by a person whose
principal business is providing a service by arranging for the
collection, transportation, treatment, storage or disposal of
such waste.
``9) Take any action which is appropriate and necessary to
perform its duties and functions as provided in this compact.
``10) Suspend the privileges or revoke the membership of a
party state.
``j) The Commission shall:
``1) Submit within 10 days of its execution to the governor
and the appropriate officers of the legislative body of the
party state in which any affected facility is located a copy of
any agreement entered into by the Commission under Article
III(i)(1), Article III(i)(2) or Article III(i)(3).
``2) Submit an annual report to, and otherwise communicate
with, the governors and the appropriate officers of the
legislative bodies of the party states regarding the activities
of the Commission. The annual report shall include a
description of the status of the activities taken pursuant to
any agreement entered into by the Commission under Article
III(i)(1), Article III(i)(2) or Article III(i)(3) and any
violation of any provision thereof, and a description of the
source, volume, activity, and current status of any waste from
outside the region or waste described under Article VII(a)(6)
that was treated, stored, or disposed of in the region in the
previous year.
``3) Hear, negotiate, and, as necessary, resolve by final
decision disputes which may arise between the party states
regarding this compact.
``4) Adopt and amend, as appropriate, a regional management
plan that plans for the establishment of needed regional
facilities.
``5) Adopt an annual budget.''.
(8) Sections (o) and (p) of article III of the compact are
amended to read as follows:
``o) The Commission is a legal entity separate and distinct from
the party states and is liable for its actions as a separate and
distinct legal entity. Commissioners are not personally liable for
actions taken by them in their official capacity.
``p) Except as provided under Article III(n), Article III(o),
Article VI(p) and Article VI(q), nothing in this compact alters
liability for any action, omission, course of conduct or liability
resulting from any causal or other relationships.''.
(9) Sections (b) and (c) of article V of the compact are
amended to read as follows:
``b) Other than the provisions of Article V(f) and VII(a)(6), each
party state has the right to have all wastes generated within borders
managed at regional facilities. This right shall be subject to the
provisions of this Compact. All party states have an equal right of
access to any facility outside the region made available to the region
by any agreement entered into by the Commission pursuant to Article
III(i)(4).
``c) Party states or generators may negotiate for the right of
access to a facility outside the region and may export waste outside
the region subject to Commission approval under Article III(i)(4).''.
(10) Section (f) of article V of the compact is amended to
read as follows:
``f) Waste originating from the Maxey Flats nuclear waste disposal
site in Fleming County, Kentucky shall not be shipped to any facility
in Illinois for storage, treatment or disposal. Disposition of these
wastes shall be the sole responsibility of the Commonwealth of Kentucky
and such waste shall not be subject to the provisions of Articles
IX(b)(3) and (4) of this compact.''.
(11) Section (b) of article VI of the compact is amended to
read as follows:
``b) If all regional facilities required by the regional management
plan are not developed pursuant to Article VI(a), or upon notification
that an existing regional facility will be closed, the Commission may
designate a party state as a host state. A party state shall not be
designated as a host state for any regional facility under this Article
VI(b) unless that state's total volume of waste recorded on low-level
radioactive waste manifests for any year is more than 10% of the total
volume recorded on such manifests for the region during the same year.
In determining the 10% exclusion, there shall not be included waste
recorded on low-level radioactive waste manifests by a person whose
principal business is providing a service by arranging for the
collection, transportation, treatment, storage or disposal of such
waste, or waste described in Article VII(a)(6).''.
(12) Section (c) of article VI of the compact is repealed.
(13) Section (e) of article VI of the compact is amended to
read as follows:
``e) Any party state designated as a host state may request the
Commission to relieve that state of the responsibility to serve as a
host state. The Commission may relieve a party state of this
responsibility upon a showing by the requesting party state that no
feasible potential regional facility site of the type it is designated
to host exists within its borders or for other good cause shown and
consistent with the purposes of this Compact.''.
(14) Sections (l) and (m) of article VI of the compact are
amended to read as follows:
``l) A host state intending to close a regional facility located
within its borders shall notify the Commission in writing of its
intention and the reasons. Notification shall be given to the
Commission at least five years prior to the intended date of closure.
This Section shall not prevent an emergency closing of a regional
facility by a host state to protect its air, land and water resources
and the health and safety of its citizens. However, a host state which
has an emergency closing of a regional facility shall notify the
Commission in writing within 3 working days of its action and shall,
within 30 working days of its action, demonstrate justification for the
closing.
``m) If a regional facility closes before an additional or new
facility becomes operational, waste generated within the region may be
shipped temporarily to any location agreed on by the Commission until a
regional facility is operational, provided that the region's waste
shall not be stored in a party state with a total volume of waste
recorded on low-level radioactive waste manifests for any year which is
less than 10% of the total volume recorded on the manifests for the
region during the same year. In determining the 10% exclusion, there
shall not be included waste recorded on low-level radioactive waste
manifests by a person whose principal business is providing a service
by arranging for the collection, transportation, treatment, storage or
disposal of such waste, or waste described in Article VII(a)(6).''.
(15) Sections (o) through (q) of article VI of the compact
are amended to read as follows:
``o) The host state shall create an `Extended Care and Long-Term
Liability Fund' and shall allocate sufficient fee revenues, received
pursuant to Article VI(i), to provide for the costs of:
``1) decommissioning and other procedures required for the
proper closure of a regional facility;
``2) monitoring, inspection and other procedures required
for the proper extended care of a regional facility;
``3) undertaking any corrective action or clean-up
necessary to protect human health and the environment from
radioactive releases from a regional facility; and
``4) compensating any person for medical and other expenses
incurred from damages to human health, personal injuries
suffered from damages to human health and damages or losses to
real or personal property, and accomplishing any necessary
corrective action or clean-up on real or personal property
caused by radioactive releases from a regional facility; the
host state may allocate monies in this Fund in amounts as it
deems appropriate to purchase insurance or to make other
similar financial protection arrangements consistent with the
purposes of this Fund; this Article VI(n) shall in no manner
limit the financial responsibilities of the site operator under
Article VI(o), the party states under Article VI(p), or any
person who sends waste to a regional facility, under Article
VI(q).
``p) The operator of a regional facility shall purchase an amount
of property and third-party liability insurance deemed appropriate by
the host state, pay the necessary periodic premiums at all times and
make periodic payments to the Extended Care and Long-Term Liability
Fund as set forth in Article VI(n) for such amounts as the host state
reasonably determines is necessary to provide for future premiums to
continue such insurance coverage, in order to pay the costs of
compensating any person for medical and other expenses incurred from
damages to human health, personal injuries suffered from damages to
human health and damages or losses to real or personal property, and
accomplishing any necessary corrective action or clean-up on real or
personal property caused by radioactive releases from a regional
facility. In the event of such costs resulting from radioactive
releases from a regional facility, the host state should, to the
maximum extent possible, seek to obtain monies from such insurance
prior to using monies from the Extended Care and Long-Term Liability
Fund.
``q) All party states shall be liable for the cost of extended care
and long-term liability in excess of monies available from the Extended
Care and Long-Term Liability Fund, as set forth in Article VI(n) and
from the property and third-party liability insurance as set forth in
Article VI(o). A party state may meet such liability for costs by
levying surcharges upon generators located in the party state. The
extent of such liability shall be based on the proportionate share of
the total volume of waste placed in the regional facility by generators
located in each such party state. Such liability shall be joint and
several among the party states with a right of contribution between the
party states. However, this Section shall not apply to a party state
with a total volume of waste recorded on low-level radioactive waste
manifests for any year that is less than 10% of the total volume
recorded on such manifests for the region during the same year.''.
(16) Sections (d) through (q) of article VI of the compact
are redesignated as sections (c) through (p), respectively.
(17) Article VI of the compact is amended by adding at the
end the following new section:
``q) Any person who sends waste from outside the region or waste
described in Article VII(a)(6) for treatment, storage or disposal at a
regional facility shall be liable for the cost of extended care and
long-term liability of that regional facility in excess of the monies
available from the Extended Care and Long-Term Liability Fund as set
forth in Article VI(n) and from the property and third-party liability
insurance as set forth in Article VI(o). The extent of the liability
for the person shall be based on the proportionate share of the total
volume of waste sent by that person to the regional facility.''.
(18) Section (a)(6) of article VII of the compact is
amended to read as follows:
``6) establishes any right to the treatment, storage or
disposal at any facility in the region or provides any
authority to prohibit export from the region of waste that is
owned or generated by the United States Department of Energy,
owned or generated by the United States Navy as a result of the
decommissioning of vessels of the United States Navy, or owned
or generated as the result of any research, development,
testing or production of any atomic weapon; or''.
(19) Section (d) of article VII of the compact is amended
to read as follows:
``d) No person who provides a service by arranging for collection,
transportation, treatment, storage or disposal of waste from outside
the region shall be allowed to dispose of any waste, regardless of
origin, in the region unless specifically permitted under an agreement
entered into by the Commission in accordance with the requirements of
Article III(i)(1).''.
(20) Section (c) of article VIII of the compact is amended
to read as follows:
``c) The Commission is formed upon the appointment of the
Commissioners and the tender of the membership fee payable to the
Commission by the eligible states. The Governor of Illinois shall
convene the initial meeting of the Commission. The Commission shall
cause legislation to be introduced in the Congress which grants the
consent of the Congress to this compact, and shall take action
necessary to organize the Commission and implement the provisions of
this compact.''.
(21) Section (e) of article VIII of the compact is amended
to read as follows:
``e) This compact becomes effective July 1, 1984, or at any date
subsequent to July 1, 1984, upon enactment by the eligible states.
However, Article IX(b) shall not take effect until the Congress has by
law consented to this compact. The Congress shall have an opportunity
to withdraw such consent every 5 years. Failure of the Congress
affirmatively to withdraw its consent has the effect of renewing
consent for an additional 5 year period. The consent given to this
compact by the Congress shall extend to the power of the region to ban
the shipment of waste into the region pursuant to Article III(i)(1) and
to prohibit exportation of waste generated within the region under
Article III(i)(4).''.
(22) Section (b) of article IX of the compact is amended to
read as follows:
``b) Unless authorized by the Commission pursuant to Article
III(i), or otherwise provided in this compact, after January 1, 1986 it
is a violation of this compact:
``1) for any person to deposit at a facility in the region
waste from outside the region;
``2) for any facility in the region to accept waste from
outside the region;
``3) for any person to export from the region waste that is
generated within the region;
``4) for any person to dispose of waste at a facility other
than a regional facility;
``5) for any person to deposit at a regional facility waste
described in Article VII(a)(6); or
``6) for any regional facility to accept waste described in
Article VII(a)(6).''.
(23) Article IX of the compact is amended by redesignating
sections (c) and (d) as sections (d) and (e), respectively, and
by inserting after section (b) the following new section:
``c) It is a violation of this compact for any person to treat or
store waste at a facility other than a regional facility if such
treatment or storage is prohibited by the Commission under Article
III(i)(6).''.
Passed the House of Representatives October 3, 1994.
Attest:
Clerk.
103d CONGRESS
2d Session
H. R. 4814
_______________________________________________________________________
AN ACT
To grant the consent of the Congress to amendments to the Central
Midwest Interstate Low-Level Radioactive Waste Compact.