[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3394 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3394

To repeal the Low-Level Radioactive Waste Policy Act and to provide new 
       authority for the disposal of low-level radioactive waste.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 1996

  Mr. Lewis of California (for himself and Mr. Stump) introduced the 
    following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To repeal the Low-Level Radioactive Waste Policy Act and to provide new 
       authority for the disposal of low-level radioactive waste.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This section may be cited as the ``Low-Level Radioactive Waste 
Policy Act of 1996''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Compact.--The term ``compact'' means a compact entered 
        into by 2 or more States under section 4 of the Low-Level 
        Radioactive Waste Policy Act.
            (2) Compact region.--The term ``compact region'' means the 
        area consisting of all the States that are members of the 
        compact.
            (3) Disposal.--The term ``disposal'' means the permanent 
        isolation of low-level radioactive waste pursuant to the 
        requirements established by the Nuclear Regulatory Commission.
            (4) Generate.--The term ``generate'', when used in relation 
        to low-level radioactive waste, means to produce low-level 
        radioactive waste.
            (5) Low-level radioactive waste.--The term ``low-level 
        radioactive waste'' means radioactive material that--
                    (A) is not highly radioactive waste, spent nuclear 
                fuel, or byproduct material (as defined in section 
                11e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 
                2014(e)(2)))--
                            (i) owned or generated by the Department of 
                        Energy;
                            (ii) owned or generated by the United 
                        States Navy as the result of the decommission 
                        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 weapons;
                    (B) the Nuclear Regulatory Commission, consistent 
                with existing law and in accordance with subparagraph 
                (A), classifies as low-level radioactive waste; and
                    (C) consists of or contains class A, B, or C 
                radioactive waste as defined by regulations published 
                at section 61.55 of title 10, Code of Federal 
                Regulations, as in effect on January 26, 1983.
            (6) Secretary.--The term ``Secretary'', unless otherwise 
        specified, means the Secretary of the Interior.
            (7) Sited compact region.--The term ``sited compact 
        region'' means a compact region in which there is located one 
        of the following disposal facilities: Barnwell in the State of 
        South Carolina and Richland in the State of Washington. A 
        region ceases to be a sited compact region if, for any reason, 
        the disposal facility located in the region ceases to accept 
        waste.
            (8) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.

SEC. 3. DUTY TO DISPOSE OF LOW-LEVEL RADIOACTIVE WASTE.

    The Secretary shall dispose of low-level radioactive waste 
generated within any State outside a sited compact region. Each sited 
compact region shall provide for the disposal of low-level radioactive 
waste generated within the sited compact region. A State outside a 
sited compact region may provide for the disposal within that State of 
any low-level radioactive waste generated within that State, except 
that such a State shall not be required to accept low-level radioactive 
waste generated outside that State, except under contract with the 
Secretary under section 5.

SEC. 4. ESTABLISHMENT OF DISPOSAL FACILITY.

    The Secretary shall establish a disposal facility for low-level 
radioactive waste on land owned by the Federal Government, and may 
contract with the Department of Energy for disposal of low-level 
radioactive waste at a disposal facility established by the Department 
of Energy for radioactive waste as described in clause (i), (ii), or 
(iii) of section 2(5)(A).

SEC. 5. ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.

    Not later than January 1, 1997, the Secretary shall accept for 
disposal any low-level radioactive waste generated within any State 
outside a sited compact region. Notwithstanding any other provision of 
law, no later than January 1, 1997, the Secretary shall contract with 
the Secretary of Energy for the temporary storage of low-level 
radioactive waste at any facility established by the Department of 
Energy for radioactive waste as described in clause (i), (ii), or (iii) 
of section 2(5)(A) and may contract with the Secretary of Energy for 
disposal of such waste at any such facility or may contract with any 
State for disposal of such waste at any licensed disposal facility 
operated to dispose of low-level radioactive waste generated within 
that State. The Secretary shall take physical possession of low-level 
radioactive waste tendered consistent with this Act by a waste 
generator or broker or by a State official charged with regulating 
possession of radioactive materials beginning on January 1, 1997, 
whether or not a contract with the Secretary of Energy has been 
executed.

SEC. 6. RATES FOR DISPOSAL.

    The Secretary shall establish by regulation rates for the disposal 
of low-level radioactive waste accepted for disposal. The rates shall 
provide for recovery of the actual costs of disposal and the 
administrative costs of the Secretary to contract with the Secretary of 
Energy as provided in section 5. Rates may be based upon volume or 
activity of waste, or a combination of the two, except that the rate 
shall not exceed an average rate of $500 per cubic foot of waste 
disposed.

SEC. 7. CONFORMING AMENDMENTS.

    (a) Repeal.--The Low-Level Radioactive Waste Policy Act (42 U.S.C. 
2021b et seq.) is repealed.
    (b) Duties of the Secretary of the Interior.--Section 441 of the 
Revised Statutes (43 U.S.C. 1457) is amended by adding at the end the 
following:
            ``14. Commercial Low-Level Radioactive Waste Disposal 
        (other than greater than Class C).''.
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