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establishments of the United States, and corporations pri
2 marily acting as instrumentalities or agencies of the United
States, but does not include any contractor with the United
(e) The Secretary will be provided such reports, ac
6 counting and rights of inspection as the Secretary deems 7 appropriate.
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.
(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.
(c) The Environmental Protection Agency shall minimize duplication of effort and conserve administrative
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
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
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.
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
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,
SHORT TITLE AND TABLE OF CONTENTS
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.
TABLE OF CONTENTS—Continued
RESPONSIBILITY TO ASSIST STATES
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
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
(1) The term “processing site” means a site on which uranium ore was processed except that such term
does not include a site
(A) where no uranium was produced for sale under contracts of the United States Government;
(B) where the site was owned on January 1, 1978, by the United States Government or any
agency or department thereof; or
(C) where a license issued by the United