[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2369 Reported in Senate (RS)]

                                                       Calendar No. 557

103d CONGRESS

  2d Session

                                S. 2369

_______________________________________________________________________

                                 A BILL

   To grant the consent of the Congress to amendments to the Central 
        Midwest Interstate Low-Level Radioactive Waste Compact.

_______________________________________________________________________

                            August 11, 1994

                       Reported without amendment





                                                       Calendar No. 557
103d CONGRESS
  2d Session
                                S. 2369

   To grant the consent of the Congress to amendments to the Central 
        Midwest Interstate Low-Level Radioactive Waste Compact.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1994

Mr. Simon (for himself, Ms. Moseley-Braun, and Mr. Ford) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                            August 11, 1994

                Reported by Mr. Biden, without amendment

_______________________________________________________________________

                                 A BILL


 
   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. 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 (Pub. L. 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 nonvoting 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).''.
S 2369 RS----2