[105th Congress Public Law 236]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ236.105]
[[Page 1541]]
TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT ACT
[[Page 112 STAT. 1542]]
Public Law 105-236
105th Congress
An Act
To grant the consent of the Congress to the Texas Low-Level Radioactive
Waste Disposal <<NOTE: Sept. 20, 1998 - [H.R. 629]>> Compact.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Texas Low-Level Radioactive
Waste Disposal Compact Consent Act. Maine. Vermont.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Texas Low-Level Radioactive Waste
Disposal Compact Consent Act''.
SEC. 2. CONGRESSIONAL <<NOTE: 42 USC 2021d note. 42 USC 2021d
note.>> FINDING.
The Congress finds that the compact set forth in section 5 is in
furtherance of the Low-Level Radioactive Waste Policy Act (42 U.S.C.
2021b et seq.).
SEC. 3. CONDITIONS OF CONSENT TO <<NOTE: 42 USC 2021d note.>> COMPACT.
The consent of the Congress to the compact set forth in
section 5--
(1) shall become effective on the <<NOTE: Effective
date.>> 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 compact complies with all of the provisions
of such Act.
SEC. 4. CONGRESSIONAL <<NOTE: 42 USC 2021d note.>> REVIEW.
The Congress may alter, amend, or repeal this Act with respect to
the compact set forth in section 5 after the expiration of the 10-year
period following the date of the enactment of this Act, and at such
intervals thereafter as may be provided in such compact.
SEC. 5. TEXAS LOW-LEVEL <<NOTE: 42 USC 2021d note.>> RADIOACTIVE WASTE
COMPACT.
(a) Consent of Congress.--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 Congress is given to the States of Texas, Maine, and Vermont
to enter into the compact set forth in subsection (b).
(b) Text of Compact.--The compact reads substantially as follows:
[[Page 112 STAT. 1543]]
``texas low-level radioactive waste disposal compact
``article i. policy and purpose
``Sec. 1.01. The party states recognize a responsibility for each
state to seek to manage low-level radioactive waste generated within its
boundaries, pursuant to the Low-Level Radioactive Waste Policy Act, as
amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985
(42 U.S.C. 2021b-2021j). They also recognize that the United States
Congress, by enacting the Act, has authorized and encouraged states to
enter into compacts for the efficient management and disposal of low-
level radioactive waste. It is the policy of the party states to
cooperate in the protection of the health, safety, and welfare of their
citizens and the environment and to provide for and encourage the
economical management and disposal of low-level radioactive waste. It is
the purpose of this compact to provide the framework for such a
cooperative effort; to promote the health, safety, and welfare of the
citizens and the environment of the party states; to limit the number of
facilities needed to effectively, efficiently, and economically manage
low-level radioactive waste and to encourage the reduction of the
generation thereof; and to distribute the costs, benefits, and
obligations among the party states; all in accordance with the terms of
this compact.
``article ii. definitions
``Sec. 2.01. As used in this compact, unless the context clearly
indicates otherwise, the following definitions apply:
``(1) `Act' means the Low-Level Radioactive Waste Policy
Act, as amended by the Low-Level Radioactive Waste Policy
Amendments Act of 1985 (42 U.S.C. 2021b-2021j).
``(2) `Commission' means the Texas Low-Level Radioactive
Waste Disposal Compact Commission established in Article III of
this compact.
``(3) `Compact facility' or `facility' means any site,
location, structure, or property located in and provided by the
host state for the purpose of management or disposal of low-
level radioactive waste for which the party states are
responsible.
``(4) `Disposal' means the permanent isolation of low-level
radioactive waste pursuant to requirements established by the
United States Nuclear Regulatory Commission and the United
States Environmental Protection Agency under applicable laws, or
by the host state.
``(5) `Generate,' when used in relation to low-level
radioactive waste, means to produce low-level radioactive waste.
``(6) `Generator' means a person who produces or processes
low-level radioactive waste in the course of its activities,
excluding persons who arrange for the collection,
transportation, management, treatment, storage, or disposal of
waste generated outside the party states, unless approved by the
commission.
``(7) `Host county' means a county in the host state in
which a disposal facility is located or is being developed.
``(8) `Host state' means a party state in which a compact
facility is located or is being developed. The State of Texas is
the host state under this compact.
``(9) `Institutional control period' means that period of
time following closure of the facility and transfer of the
facility
[[Page 112 STAT. 1544]]
license from the operator to the custodial agency in compliance
with the appropriate regulations for long-term observation and
maintenance.
``(10) `Low-level radioactive waste' has the same meaning as
that term is defined in Section 2(9) of the Act (42 U.S.C.
2021b(9)), or in the host state statute so long as the waste is
not incompatible with management and disposal at the compact
facility.
``(11) `Management' means collection, consolidation,
storage, packaging, or treatment.
``(12) `Operator' means a person who operates a disposal
facility.
``(13) `Party state' means any state that has become a party
in accordance with Article VII of this compact. Texas, Maine,
and Vermont are initial party states under this compact.
``(14) `Person' means an individual, corporation,
partnership or other legal entity, whether public or private.
``(15) `Transporter' means a person who transports low-level
radioactive waste.
``article iii. the commission
``Sec. 3.01. <<NOTE: Establishment.>> There is hereby established
the Texas Low-Level Radioactive Waste Disposal Compact Commission. The
commission shall consist of one voting member from each party state
except that the host state shall be entitled to six voting members.
Commission members shall be appointed by the party state governors, as
provided by the laws of each party state. Each party state may provide
alternates for each appointed member.
``Sec. 3.02. A quorum of the commission consists of a majority of
the members. Except as otherwise provided in this compact, an official
act of the commission must receive the affirmative vote of a majority of
its members.
``Sec. 3.03. The commission is a legal entity separate and distinct
from the party states and has governmental immunity to the same extent
as an entity created under the authority of Article XVI, Section 59, of
the Texas Constitution. Members of the commission shall not be
personally liable for actions taken in their official capacity. The
liabilities of the commission shall not be deemed liabilities of the
party states.
``Sec. 3.04. The commission shall:
``(1) Compensate its members according to the host state's
law.
``(2) Conduct <<NOTE: Records.>> its business, hold
meetings, and maintain public records pursuant to laws of the
host state, except that notice of public meetings shall be given
in the non-host party states in accordance with their respective
statutes.
``(3) Be located in the capital city of the host state.
``(4) Meet at least once a year and upon the call of the
chair, or any member. The governor of the host state shall
appoint a chair and vice-chair.
``(5) Keep <<NOTE: Records.>> an accurate account of all
receipts and disbursements. An annual audit of the books of the
commission shall be conducted by an independent certified public
accountant, and the audit report shall be made a part of the
annual report of the commission.
``(6) Approve a budget each year and establish a fiscal year
that conforms to the fiscal year of the host state.
[[Page 112 STAT. 1545]]
``(7) Prepare, adopt, and implement contingency plans for
the disposal and management of low-level radioactive waste in
the event that the compact facility should be closed. Any plan
which requires the host state to store or otherwise manage the
low-level radioactive waste from all the party states must be
approved by at least four host state members of the commission.
The commission, in a contingency plan or otherwise, may not
require a non-host party state to store low-level radioactive
waste generated outside of the state.
``(8) Submit <<NOTE: Reports. Deadline.>> communications to
the governors and to the presiding officers of the legislatures
of the party states regarding the activities of the commission,
including an annual report to be submitted on or before January
31 of each year.
``(9) Assemble <<NOTE: Public information.>> and make
available to the party states, and to the public, information
concerning low-level radioactive waste management needs,
technologies, and problems.
``(10) Keep <<NOTE: Records.>> a current inventory of all
generators within the party states, based upon information
provided by the party states.
``(11) By <<NOTE: Deadline.>> no later than 180 days after
all members of the commission are appointed under Section 3.01
of this article, establish by rule the total volume of low-level
radioactive waste that the host state will dispose of in the
compact facility in the years 1995-2045, including
decommissioning waste. The shipments of low-level radioactive
waste from all non-host party states shall not exceed 20 percent
of the volume estimated to be disposed of by the host state
during the 50-year period. When averaged over such 50-year
period, the total of all shipments from non-host party states
shall not exceed 20,000 cubic feet a year. The commission shall
coordinate the volumes, timing, and frequency of shipments from
generators in the non-host party states in order to assure that
over the life of this agreement shipments from the non-host
party states do not exceed 20 percent of the volume projected by
the commission under this paragraph.
``Sec. 3.05. The commission may:
``(1) Employ staff necessary to carry out its duties and
functions. The commission is authorized to use to the extent
practicable the services of existing employees of the party
states. Compensation shall be as determined by the commission.
``(2) Accept any grants, equipment, supplies, materials, or
services, conditional or otherwise, from the federal or state
government. The nature, amount and condition, if any, of any
donation, grant or other resources accepted pursuant to this
paragraph and the identity of the donor or grantor shall be
detailed in the annual report of the commission.
``(3) Enter into contracts to carry out its duties and
authority, subject to projected resources. No contract made by
the commission shall bind a party state.
``(4) Adopt, by a majority vote, bylaws and rules necessary
to carry out the terms of this compact. Any rules promulgated by
the commission shall be adopted in accordance with the
Administrative Procedure and Texas Register Act (Article 6252-
13a, Vernon's Texas Civil Statutes).
``(5) Sue and be sued and, when authorized by a majority
vote of the members, seek to intervene in administrative or
judicial proceedings related to this compact.
[[Page 112 STAT. 1546]]
``(6) Enter into an agreement with any person, state,
regional body, or group of states for the importation of low-
level radioactive waste into the compact for management or
disposal, provided that the agreement receives a majority vote
of the commission. The commission may adopt such conditions and
restrictions in the agreement as it deems advisable.
``(7) Upon petition, allow an individual generator, a group
of generators, or the host state of the compact, to export low-
level waste to a low-level radioactive waste disposal facility
located outside the party states. The commission may approve the
petition only by a majority vote of its members. The permission
to export low-level radioactive waste shall be effective for
that period of time and for the specified amount of low-level
radioactive waste, and subject to any other term or condition,
as is determined by the commission.
``(8) Monitor the exportation outside of the party states of
material, which otherwise meets the criteria of low-level
radioactive waste, where the sole purpose of the exportation is
to manage or process the material for recycling or waste
reduction and return it to the party states for disposal in the
compact facility.
``Sec. 3.06. Jurisdiction and venue of any action contesting any
action of the commission shall be in the United States District Court in
the district where the commission maintains its office.
``article iv. rights, responsibilities, and obligations of party states
``Sec. 4.01. The host state shall develop and have full
administrative control over the development, management and operation of
a facility for the disposal of low-level radioactive waste generated
within the party states. The host state shall be entitled to unlimited
use of the facility over its operating life. Use of the facility by the
non-host party states for disposal of low-level radioactive waste,
including such waste resulting from decommissioning of any nuclear
electric generation facilities located in the party states, is limited
to the volume requirements of Section 3.04(11) of Article III.
``Sec. 4.02. Low-level radioactive waste generated within the party
states shall be disposed of only at the compact facility, except as
provided in Section 3.05(7) of Article III.
``Sec. 4.03. The initial states of this compact cannot be members of
another low-level radioactive waste compact entered into pursuant to the
Act.
``Sec. 4.04. The host state shall do the following:
``(1) Cause a facility to be developed in a timely manner
and operated and maintained through the institutional control
period.
``(2) Ensure, consistent with any applicable federal and
host state laws, the protection and preservation of the
environment and the public health and safety in the siting,
design, development, licensing, regulation, operation, closure,
decommissioning, and long-term care of the disposal facilities
within the host state.
``(3) Close the facility when reasonably necessary to
protect the public health and safety of its citizens or to
protect its natural resources from <<NOTE: Notification.>> harm.
However, the host state shall notify the commission of the
closure within three days of its action and shall, within 30
working days of its action, provide
[[Page 112 STAT. 1547]]
a written explanation to the commission of the closure, and
implement any adopted contingency plan.
``(4) Establish reasonable fees for disposal at the facility
of low-level radioactive waste generated in the party states
based on disposal fee criteria set out in Sections 402.272 and
402.273, Texas Health and Safety Code. The same fees shall be
charged for the disposal of low-level radioactive waste that was
generated in the host state and in the non-host party states.
Fees shall also be sufficient to reasonably support the
activities of the Commission.
``(5) Submit <<NOTE: Reports.>> an annual report to the
commission on the status of the facility, including projections
of the facility's anticipated future capacity, and on the
related funds.
``(6) Notify <<NOTE: Notification.>> the Commission
immediately upon the occurrence of any event which could cause a
possible temporary or permanent closure of the facility and
identify all reasonable options for the disposal of low-level
radioactive waste at alternate compact facilities or, by
arrangement and Commission vote, at noncompact facilities.
``(7) Promptly <<NOTE: Notification.>> notify the other
party states of any legal action involving the facility.
``(8) Identify and regulate, in accordance with federal and
host state law, the means and routes of transportation of low-
level radioactive waste in the host state.
``Sec. 4.05. Each party state shall do the following:
``(1) Develop and enforce procedures requiring low-level
radioactive waste shipments originating within its borders and
destined for the facility to conform to packaging, processing,
and waste form specifications of the host state.
``(2) Maintain a registry of all generators within the state
that may have low-level radioactive waste to be disposed of at a
facility, including, but not limited to, the amount of low-level
radioactive waste and the class of low-level radioactive waste
generated by each generator.
``(3) Develop and enforce procedures requiring generators
within its borders to minimize the volume of low-level
radioactive waste requiring disposal. Nothing in this compact
shall prohibit the storage, treatment, or management of waste by
a generator.
``(4) Provide the commission with any data and information
necessary for the implementation of the commission's
responsibilities, including taking those actions necessary to
obtain this data or information.
``(5) Pay for community assistance projects designated by
the host county in an amount for each non-host party state equal
to 10 percent of the payment provided for in Article V for each
such state. One-half of the payment shall be due and payable to
the host county on the first day of the month following
ratification of this compact agreement by Congress and one-half
of the payment shall be due and payable on the first day of the
month following the approval of a facility operating license by
the host state's regulatory body.
``(6) Provide financial support for the commission's
activities prior to the date of facility operation and
subsequent to the date of congressional ratification of this
compact under Section 7.07 of Article VII. Each party state will
be responsible for
[[Page 112 STAT. 1548]]
annual payments equalling its pro-rata share of the commission's
expenses, incurred for administrative, legal, and other purposes
of the commission.
``(7) If agreed by all parties to a dispute, submit the
dispute to arbitration or other alternate dispute resolution
process. If arbitration is agreed upon, the governor of each
party state shall appoint an arbitrator. If the number of party
states is an even number, the arbitrators so chosen shall
appoint an additional arbitrator. The determination of a
majority of the arbitrators shall be binding on the party
states. Arbitration proceedings shall be conducted in accordance
with the provisions of 9 U.S.C. Sections 1 to 16. If all parties
to a dispute do not agree to arbitration or alternate dispute
resolution process, the United States District Court in the
district where the commission maintains its office shall have
original jurisdiction over any action between or among parties
to this compact.
``(8) Provide on a regular basis to the commission and host
state--
``(A) an accounting of waste shipped and proposed to
be shipped to the compact facility, by volume and
curies;
``(B) proposed transportation methods and routes;
and
``(C) proposed shipment schedules.
``(9) Seek to join in any legal action by or against the
host state to prevent nonparty states or generators from
disposing of low-level radioactive waste at the facility.
``Sec. 4.06. Each party state shall act in good faith and may rely
on the good faith performance of the other party states regarding
requirements of this compact.
``article v. party state contributions
``Sec. 5.01. Each party state, except the host state, shall
contribute a total of $25 million to the host state. Payments shall be
deposited in the host state treasury to the credit of the low-level
waste fund in the following manner except as otherwise provided.
Not <<NOTE: Deadline.>> later than the 60th day after the date of
congressional ratification of this compact, each non-host party state
shall pay to the host state $12.5 million. <<NOTE: Deadline.>> Not later
than the 60th day after the date of the opening of the compact facility,
each non-host party state shall pay to the host state an additional
$12.5 million.
``Sec. 5.02. As an alternative, the host state and the non-host
states may provide for payments in the same total amount as stated above
to be made to meet the principal and interest expense associated with
the bond indebtedness or other form of indebtedness issued by the
appropriate agency of the host state for purposes associated with the
development, operation, and post-closure monitoring of the compact
facility. In the event the member states proceed in this manner, the
payment schedule shall be determined in accordance with the schedule of
debt repayment. This schedule shall replace the payment schedule
described in Section 5.01 of this article.
``article vi. prohibited acts and penalties
``Sec. 6.01. No person shall dispose of low-level radioactive waste
generated within the party states unless the disposal is at the compact
facility, except as otherwise provided in Section 3.05(7) of Article
III.
[[Page 112 STAT. 1549]]
``Sec. 6.02. No person shall manage or dispose of any low-level
radioactive waste within the party states unless the low-level
radioactive waste was generated within the party states, except as
provided in Section 3.05(6) of Article III. Nothing herein shall be
construed to prohibit the storage or management of low-level radioactive
waste by a generator, nor its disposal pursuant to 10 C.F.R. Part
20.302.
``Sec. 6.03. Violations of this article may result in prohibiting
the violator from disposing of low-level radioactive waste in the
compact facility, or in the imposition of penalty surcharges on
shipments to the facility, as determined by the commission.
``article vii. eligibility, entry into effect; congressional consent;
withdrawal; exclusion
``Sec. 7.01. The states of Texas, Maine, and Vermont are party
states to this compact. Any other state may be made eligible for party
status by a majority vote of the commission and ratification by the
legislature of the host state, subject to fulfillment of the rights of
the initial non-host party states under Section 3.04(11) of Article III
and Section 4.01 of Article IV, and upon compliance with those terms and
conditions for eligibility that the host state may establish. The host
state may establish all terms and conditions for the entry of any state,
other than the states named in this section, as a member of this
compact; provided, however, the specific provisions of this compact,
except for those pertaining to the composition of the commission and
those pertaining to Section 7.09 of this article, may not be changed
except upon ratification by the legislatures of the party states.
``Sec. 7.02. Upon compliance with the other provisions of this
compact, a state made eligible under Section 7.01 of this article may
become a party state by legislative enactment of this compact or by
executive order of the governor of the state adopting this compact. A
state becoming a party state by executive order shall cease to be a
party state upon adjournment of the first general session of its
legislature convened after the executive order is issued, unless before
the adjournment, the legislature enacts this compact.
``Sec. 7.03. Any party state may withdraw from this compact by
repealing enactment of this compact subject to the provisions herein. In
the event the host state allows an additional state or additional states
to join the compact, the host state's legislature, without the consent
of the non-host party states, shall have the right to modify the
composition of the commission so that the host state shall have a voting
majority on the commission, provided, however, that any modification
maintains the right of each initial party state to retain one voting
member on the commission.
``Sec. 7.04. <<NOTE: Effective date.>> If the host state withdraws
from the compact, the withdrawal shall not become effective until five
years after enactment of the repealing legislation and the non-host
party states may continue to use the facility during that time. The
financial obligation of the non-host party states under Article V shall
cease immediately upon enactment of the repealing legislation. If the
host state withdraws from the compact or abandons plans to operate a
facility prior to the date of any non-host party state payment under
Sections 4.05(5) and (6) of Article IV or Article V, the non-host party
states are relieved of any obligations to make the contributions. This
section sets out the exclusive remedies for the
[[Page 112 STAT. 1550]]
non-host party states if the host state withdraws from the compact or is
unable to develop and operate a compact facility.
``Sec. 7.05. <<NOTE: Effective date.>> A party state, other than the
host state, may withdraw from the compact by repealing the enactment of
this compact, but this withdrawal shall not become effective until two
years after the effective date of the repealing legislation. During this
two-year period the party state will continue to have access to the
facility. The withdrawing party shall remain liable for any payments
under Sections 4.05(5) and (6) of Article IV that were due during the
two-year period, and shall not be entitled to any refund of payments
previously made.
``Sec. 7.06. Any party state that substantially fails to comply with
the terms of the compact or to fulfill its obligations hereunder may
have its membership in the compact revoked by a seven-eighths vote of
the commission following notice that a hearing will be scheduled not
less than six months from the date of the notice. In all other respects,
revocation proceedings undertaken by the commission will be subject to
the Administrative Procedure and Texas Register Act (Article 6252-13a,
Vernon's Texas Civil Statutes), except that a party state may appeal the
commission's revocation decision to the United States District Court in
accordance with Section 3.06 of Article III. <<NOTE: Effective
date.>> Revocation shall take effect one year from the date such party
state receives written notice from the commission of a final
action. <<NOTE: Notice.>> Written notice of revocation shall be
transmitted immediately following the vote of the commission, by the
chair, to the governor of the affected party state, all other governors
of party states, and to the United States Congress.
``Sec. 7.07. <<NOTE: Effective date.>> This compact shall take
effect following its enactment under the laws of the host state and any
other party state and thereafter upon the consent of the United States
Congress and shall remain in effect until otherwise provided by federal
law. If Texas and either Maine or Vermont ratify this compact, the
compact shall be in full force and effect as to Texas and the other
ratifying state, and this compact shall be interpreted as follows:
``(1) Texas and the other ratifying state are the initial
party states.
``(2) The commission shall consist of two voting members
from the other ratifying state and six from Texas.
``(3) Each party state is responsible for its pro-rata share
of the commission's expenses.
``Sec. 7.08. This compact is subject to review by the United States
Congress and the withdrawal of the consent of Congress every five years
after its effective date, pursuant to federal law.
``Sec. 7.09. The host state legislature, with the approval of the
governor, shall have the right and authority, without the consent of the
non-host party states, to modify the provisions contained in Section
3.04(11) of Article III to comply with Section 402.219(c)(1), Texas
Health & Safety Code, as long as the modification does not impair the
rights of the initial non-host party states.
``article viii. construction and severability
``Sec. 8.01. The provisions of this compact shall be broadly
construed to carry out the purposes of the compact, but the sovereign
powers of a party shall not be infringed upon unnecessarily.
``Sec. 8.02. This compact does not affect any judicial proceeding
pending on the effective date of this compact.
[[Page 112 STAT.1551]]
``Sec. 8.03. No party state acquires any liability, by joining this
compact, resulting from the siting, operation, maintenance, long-term
care or any other activity relating to the compact facility. No non-host
party state shall be liable for any harm or damage from the siting,
operation, maintenance, or long-term care relating to the compact
facility. Except as otherwise expressly provided in this compact,
nothing in this compact shall be construed to alter the incidence of
liability of any kind for any act or failure to act. Generators,
transporters, owners and operators of the facility shall be liable for
their acts, omissions, conduct or relationships in accordance with
applicable law. By entering into this compact and securing the
ratification by Congress of its terms, no party state acquires a
potential liability under section 5(d)(2)(C) of the Act (42 U.S.C. Sec.
2021e(d)(2)(C)) that did not exist prior to entering into this compact.
``Sec. 8.04. If a party state withdraws from the compact pursuant to
Section 7.03 of Article VII or has its membership in this compact
revoked pursuant to section 7.06 of Article VII, the withdrawal or
revocation shall not affect any liability already incurred by or
chargeable to the affected state under Section 8.03 of this article.
``Sec. 8.05. The provisions of this compact shall be severable and
if any phrase, clause, sentence, or provision of this compact is
declared by a court of competent jurisdiction to be contrary to the
constitution of any participating state or of the United States or the
applicability thereof to any government, agency, person or circumstances
is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person, or circumstance
shall not be affected thereby to the extent the remainder can in all
fairness be given effect. If any provision of this compact shall be held
contrary to the constitution of any state participating therein, the
compact shall remain in full force and effect as to the state affected
as to all severable matters.
``Sec. 8.06. Nothing in this compact diminishes or otherwise impairs
the jurisdiction, authority, or discretion of either of the following:
``(1) The United States Nuclear Regulatory Commission
pursuant to the Atomic Energy Act of 1954, as amended (42 U.S.C.
Sec. 2011 et seq.).
``(2) An agreement state under section 274 of the Atomic
Energy Act of 1954, as amended (42 U.S.C. Sec. 2021).
``Sec. 8.07. Nothing in this compact confers any new authority on
the states or commission to do any of the following:
``(1) Regulate the packaging or transportation of low-level
radioactive waste in a manner inconsistent with the regulations
of the United States Nuclear Regulatory Commission or the United
States Department of Transportation.
[[Page 112 STAT. 1552]]
``(2) Regulate health, safety, or environmental hazards from
source, by-product, or special nuclear material.
``(3) Inspect the activities of licensees of the agreement
states or of the United States Nuclear Regulatory Commission.''.
Approved September 20, 1998.
LEGISLATIVE HISTORY--H.R. 629 (S. 270):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-181 (Comm. on Commerce) and 105-630 (Comm. of
Conference).
CONGRESSIONAL RECORD:
Vol. 143 (1997):
Oct. 7, considered and passed House.
Vol. 144 (1998):
Apr. 1, considered and passed
Senate, amended.
July 29, House agreed to conference
report.
Sept. 1, 2, Senate considered and
agreed to conference report.
<all>