Page images
PDF
EPUB

8

establishments of the United States, and corporations pri

1

2 marily acting as instrumentalities or agencies of the United

3

States, but does not include any contractor with the United

[blocks in formation]

(e) The Secretary will be provided such reports, ac

5

6 counting and rights of inspection as the Secretary deems 7 appropriate.

8

SEC. 8. The Secretary may prescribe such rules and 9 regulations as he deems necessary and appropriate to carry 10 cut the provisions of this Act. Notwithstanding the provi11 sions of subsection (a) (2) of section 553 of title 5, United 12 States Code, such rules and regulations shall be subject to the 13 notice and public participation requirements of that section. 14

Sec. 9. (a) Not later than one hundred and eighty days 15 after enactment of this Act, the Environmental Protection 16 Agency shall by notice of proposed rulemaking and oppor17 tunity for oral presentation of views, data and arguments, 18 prescribe standards and criteria to assure that the public 19 health, safety and the environment are adequately protected 20

in connection with remedial actions selected pursuant to 21 sections 5 (a) and 7 (a) of this Act.

22

(b) Prior to the promulgation of any rule pursuant to 23 subsection (a) of this section the Administrator of the 24 Environmental Protection Agency shall consult with the

25 Nuclear Regulatory Commission.

9

[ocr errors]

(c) The Environmental Protection Agency shall minimize duplication of effort and conserve administrative

2

3 resources in the establishment of the standards and criteria

4 developed pursuant to subsection (a) of this section by 5 ensuring that applicable standards and criteria, if any,

6 developed by the Environmental Protection Agency under 7 other authorities, including the Resource Conservation and 8 Recovery Act of 1976, the Clean Air Act of 1970, as

9 amended, or any other Federal law relating to the protec10 tion of the environment and standards and criteria developed

11 pursuant to subsection (a) of this section are consistent, to

12 the maximum extent practicable. The Nuclear Regulatory

13 Commission shall, pursuant to sections 5 (a) and 7 (a), be

14 responsible for enforcement of the standards promulgated

15 under subsection (a) of this section and for ensuring that

16 the remedial actions are performed in conformance with the

17 plan selected pursuant to sections 5 (a) and 7 (a) of this

18 Act.

19 (d) Judicial review of the Environmental Protection 20 Agency's rulemaking pursuant to subsection (a) of this sec21 tion may be had by any interested person in the United 22 States court of appeals for the Federal judicial circuit in

23 which such person resides or transacts business only upon 24 petition for review by such person filed within ninety days 25 from the date of such rulemaking, or after such date only if

10

1 such petition is based solely on grounds which arose after

2 such ninetieth day.

3 (e) The Department of Energy shall not commence 4 any remedial action pursuant to sections 5 (a) and 7 (a) of 5 this Act until ninety days following the promulgation of the 6 standards and criteria established pursuant to subsection (a)

7 of this section.

8

SEC. 10. There are hereby authorized to be appropriated 9 to the Department $3,000,000 in fiscal year 1979, and in 10 subsequent years such sums as may be necessary to carry

out the purposes of this Act, to remain available until

12 expended.

95TH CONGRESS

2D SESSION

H. R. 13049

IN THE HOUSE OF REPRESENTATIVES

JUNE 8, 1978 Mr. Evans of Colorado introduced the following bill; which was referred jointly

to the Committees on Interior and Insular Affairs and Interstate and Foreign Commerce

A BILL To authorize the Secretary of Energy to enter into cooperative

arrangements with the States to contain and to reduce potential radiation exposure from residual radioactive mate

rials, and for other purposes. 1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3

SHORT TITLE AND TABLE OF CONTENTS

4

SECTION 1. This Act may be cited as the "Residual

5 Radioactive Materials Act of 1978".

TABLE OF CONTENTS

Sec. 1. Short title and table of contents.
Sec. 2. Responsibility to assist States.
Sec. 3. Definitions.
Sec. 4. Cooperative arrangements.
Sec. 5. Terms.

I

2

TABLE OF CONTENTS—Continued
Sec. 6. Indian lands.
Sec. 7. Department of Energy rules and regulations.
Sec. 8. Nuclear Regulatory Commission standards and criteria.
Sec. 9. Environmental impact statements.
Sec. 10. Authorization.

RESPONSIBILITY TO ASSIST STATES

1

2

SEC. 2. The Congress recognizes and assumes the re3 sponsibility of the United States to assist the States in limit4 ing the exposure of the public to radiation emanating from

residual radioactive materials from former uranium ore proc

5

6 essing sites. Such assistance shall be provided to the States 7

of Arizona, Colorado, Idaho, New Mexico, Oregon, Texas, 8 Utah, Wyoming, Pennsylvania, and any other State deter9 mined by the Secretary of Energy to be affected by such

[merged small][ocr errors][merged small][ocr errors][merged small][merged small]

13

(1) The term “processing site” means a site on which uranium ore was processed except that such term

14

15

does not include a site

16

(A) where no uranium was produced for sale under contracts of the United States Government;

17

18

(B) where the site was owned on January 1, 1978, by the United States Government or any

19

20

agency or department thereof; or

21

(C) where a license issued by the United

« PreviousContinue »