23 1 the Commission finds that such termination or suspension is 2 required to assure compliance with subsection o.". 3 (e) (1) Section 274 of such Act is amended by adding 4 the following new subsection at the end thereof: 5 "o. In the licensing and regulation of any activity 6 which results in the production of byproduct material as 7 defined in section 11 e. (2) under an agreement entered 8 into pursuant to subsection b., a State shall require compli9 ance with the requirements of section 83 a. (2) (respecting 10 ownership by the United States of byproduct material and 11 land), and, within three years after the date of the enact12 ment of this subsection, the State shall adopt and enforce— “(1) substantive standards for the protection of the public health and safety from hazards associated with such material which are equivalent, to the extent prac 13 14 15 ticable, or more stringent than, standards adopted and enforced by the Commission for the same purpose, and (2) procedures which "(A) in the case of licenses, provide for advance public notice, an opportunity for a public hearing with rights to present direct and rebuttal evidence and conduct cross-examination, and a written decision which is based only on evidence in the record and which is subject to judicial review, "(B) in the case of rulemaking, provide op 1 2 3 4 5 6 7 8 9 10 11 12 13 14 24 portunity for public participation in the form of written comments or a public hearing and which provide for judicial review of the rulemaking decision, "(C) require the preparation of a written environmental analysis or review which is available to the public before the commencement of any such proceedings, and 66 "(D) prohibit, in the case of any construction activity which is proposed with respect to such material, any major activity from being undertaken before completion and public availability of the analysis or review referred to in subparagraph (C).". 15 No State shall be required under paragraph (2) to conduct 16 proceedings concerning any license or regulation which 17 would duplicate proceedings conducted in such State by the 18 Commission. 19 (f) Section 274 c. of such Act is amended by inserting 20 the following new sentence after paragraph (4) thereof: 21 "The Commission shall also retain authority under any 22 such agreement to make a determination that all applicable 23 standards and requirements have been met prior to termi24 nation of a license for byproduct material as defined in 25 section 11 e. (2).". 25 (g) (1) Nothing in any amendment made by this section 2 shall preclude any State from exercising any other authority 3 under the Atomic Energy Act of 1954 respecting any 4 byproduct material defined in section 11 e. (2) of the 5 Atomic Energy Act of 1954. 6 7 (2) As soon as practicable after the date 3 years after the date of the enactment of this Act, the Nuclear Regula8 tory Commission shall review each agreement under section 9 274 of the Atomic Energy Act of 1954 to determine 10 whether or not such agreement complies with the require11 ments contained in amendments made by this section. If 12 the Commission determines that any such agreement does 13 not comply with such requirements, it shall exercise the 14 authority of section 274 j. (2) of the Atomic Energy Act 15 of 1954 (as amended by subsection (d) of this section). 16 17 18 AUTHORITIES OF COMMISSION RESPECTING CERTAIN BYPRODUCT MATERIAL SEC. 205. (a) Chapter 8 of the Atomic Energy Act 19 of 1954 is amended by adding the following new section 20 at the end thereof: 21 "SEC. 84. AUTHORITIES OF COMMISSION RESPECTING 22 CERTAIN BYPRODUCT MATERIAL.— 225 25 "a. The Commission shall insure that the management 24 of any byproduct material as defined in section 11 e. (2) 25 is carried out in such manner as 1 2 3! 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 26 "(1) the Commission deems appropriate to protect the public health and safety and the environment, and "(1) by rule, regulation, or order require persons, officers, or instrumentalities exempted from licensing"(A) under section 209 of the Uranium Mill Tailings Control Act of 1978, or "(B) under section 81 of this Act to conduct monitoring, perform remedial work, and to comply with such other measures as it may deem necessary or desirable to protect health or to minimize danger to life or property, and 66 "(2) make such studies and inspections and to conduct such monitoring as may be necessary. 19 Any violation by any person other than the United States 20 of any rule or order of the Commission established under 21 this section shall be subject to a civil penalty in the same 22 manner and in the same amount as violations subject to a 23 civil penalty under section 234. Nothing in this section 24 affects any authority of the Commission under any other 25 provision of this Act.". 27 1 (b) The table of contents for such chapter 8 is amended 2 by inserting the following new item after the item relating 3 to section 83: "Sec. 84. Authorities of Commission respecting certain byproduct material.". 4 AUTHORITY OF ENVIRONMENTAL PROTECTION AGENCY 5 6 RESPECTING CERTAIN BYPRODUCT MATERIAL SEC. 206. Chapter 19 of the Atomic Energy Act of 7 1954 is amended by inserting after section 274 the following 8 9 new section: "SEC. 275. AUTHORITY OF THE ENVIRONMENTAL 10 PROTECTION AGENCY. 11 "a. The Administrator of the Environmental Protection 12 Agency (hereinafter in this section referred to as the 13 'Administrator') shall, by rule, promulgate, and from time to time revise, generally applicable standards and criteria for the protection of the general environment. Such standards and criteria shall— 14 15 16 "(1) apply to radiological and nonradiological environmental hazards associated with the processing and with the possession and transfer of byproduct material as defined in section 11 e. (2), and "(2) impose limits on exposures or levels, or concentrations or quantities, of hazardous material in the general environment outside the boundaries of |