Definition. "Agreement." able opportunity for State representatives to offer evidence, interrogate witnesses, and advise the Commission as to the application without requiring such representatives to take a position for or against the granting of the application. "m. No agreement entered into under subsection b., and no exemption granted pursuant to subsection f., shall affect the authority of the Commission under subsection 161 b. or i. to issue rules, regulations, or orders to protect the common defense and security, to protect restricted data or to guard against the loss or diversion of special nuclear material. For purposes of subsection 161 i., activities covered by exemptions granted pursuant to subsection f. shall be deemed to constitute activities authorized pursuant to this Act; and special nuclear material acquired by any person pursuant to such an exemption shall be deemed to have been acquired pur suant to section 53. "n. As used in this section, the term 'State' means any State, Territory, or possession of the United States, the Canal Zone, Puerto Rico, and the District of Columbia. As used in this section, the term 'agreement' includes any amendment to any agreement.98 "o. In the licensing and regulation of byproduct material, as defined in section 11 e. (2) of this Act, or of any activity which results in the production of byproduct material as so defined under an agreement entered into pursuant to subsection b., a State shall require "(1) compliance with the requirements of subsection b. of section 83 (respecting ownership of byproduct material and land), and "(2) compliance with standards which shall be adopted by the State for the protection of the public health, safety, and the environment from hazards associated with such material which are equivalent, to the extent practicable, or more stringent than, standards adopted and enforced by the Commission for the same purpose, including requirements and standards promulgated by the Commission and the Administrator of the Environmental Protection Agency pursuant to sections 83, 84, and 275, and (3) procedures which (A) in the case of licenses, provide procedures under State law which include "(i) an opportunity, after public notice, for written comments and a public hearing, with a transcript, "(ii) an opportunity for cross examination, and 98 Public Law 95-604 (92 Stat. 3037) (1978), sec. 204 (c), added the last sentence to sec. 274 n.. "(iii) a written determination which is based upon findings included in such determination and upon the evidence presented during the public comment period and which is subject to judicial review; "(B) in the case of rulemaking, provide an opportunity for public participation through written comments or a public hearing and provide for judicial review of the rule; "(C) require for each license which has a significant impact on the human environment a written analysis (which shall be available to the public before the commencement of any such proceedings) of the impact of such license, including any activities conducted pursuant thereto, on the environment, which` analysis shall include "(i) an assessment of the radiological and nonradiological impacts to the public health of the activities to be conducted pursuant to such license; "(ii) an assessment of any impact on any waterway and groundwater resulting from such activities; "(iii) consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted pursuant to such license; and "(iv) consideration of the long-term impacts, including decommissioning, decontamination, and reclamation impacts, associated with activities to be conducted pursuant to such license, including the management of any byproduct material, as defined by section 11 e. (2); and "(D) prohibit any major construction activity with respect to such material prior to complying with the provisions of subparagraph (C). If any State under such agreement imposes upon any licensee any requirement for the payment of funds to such State for the reclamation or long-term maintenance. and monitoring of such material, and if transfer to the United States of such material is required in accordance with section 83 b. of this Act, such agreement shall be amended by the Commission to provide that such State shall transfer to the United States upon termination of the license issued to such licensee the total amount collected by such State from such licensee for such purpose. If such payments are required, they must be sufficient to ensure compliance with the standards established by the Commission pursuant to section 161 x. of this Act. No 42 USC 2201. State shall be required under paragraph (3) to conduct proceedings concerning any license or regulation which 42 USC 2022. Rule. 42 USC 6901 note. Rule. 42 USC 2014. 42 USC 2021. would duplicate proceedings conducted by the Commission.99 "SEC. 275. HEALTH AND ENVIRONMENTAL STANDARDS FOR URANIUM MILL TAILINGS. "a. As soon as practicable, but not later than one year after the date of enactment of this section, the Administrator of the Environmental Protection Agency (hereinafter referred to in this section as the 'Administrator') shall, by rule, promulgate standards of general application (including standards applicable to licenses under section 104 (h) of the Uranium Mill Tailings Radiation Control Act of 1978) for the protection of the public health, safety, and the environment from radiological and nonradiological hazards associated with residual radioactive materials (as defined in section 101 of the Uranium Mill Tailings Radiation Control Act of 1978) located at inactive uranium mill tailings sites and depository sites for such materials selected by the Secretary of Energy, pursuant to title I of the Uranium Mill Tailings Radiation Control Act of 1978. Standards promulgated pursuant to this subsection shall, to the maximum extent practicable, be consistent with the requirements of the Solid Waste Disposal Act, as amended. The Administrator may periodically revise any standard promulgated pursuant to this subsection. "b. (1) As soon as practicable, but not later than eighteen months after the enactment of this section, the Administration shall, by rule, promulgate standards of general application for the protection of the public healh, safety, and the environment from radiological and nonradiological hazards associated with the processing and with the possession, transfer, and disposal of byproduct material, as defined in section 11 e. (2) of this Act, at sites at which ores are processed primarily for their source material content or which are used for the disposal of such byproduct material. "(2) Such generally applicable standards promulgated pursuant to this subsection for nonradiological hazards shall provide for the protection of human health and the environment consistent with the standards required under subtitle C of the Solid Waste Disposal Act, as amended, which are applicable to such hazards: Provided, however, That no permit issued by the Administrator is required under this Act or the Solid Waste Disposal Act as amended, for the processing, possession, transfer, or disposal of byproduct material, as defined in section 11 e. of this Act. The Administrator may periodically revise any standard promulgated pursuant to this subsection. Within three years after such revision of any such standard, the Commission and any State permitted to exercise. authority under section 274 b. (2) shall apply such re (2) Public Law 95-604 (92 Stat. 3037) (1978), sec. 204 (e) (1), added subsec. 274 0.. vised standard in the case of any license for byproduct material as defined in section 11 e. (2) or any revision thereof. in Federal "c. (1) Before the promulgation of any rule pursuant to Publication this section, the Administrator shall publish the proposed Register. rule in the Federal Register, together with a statement of Notice, hearing the research, analysis, and other available information in opportunity. support of such proposed rule. and provide a period of public comment of at least thirty days for written comments thereon and an opportunity, after such comment period and after public notice, for any interested person to present oral data, views, and arguments at a public hearing. There shall be a transcript of any such hearing. The Administrator shall consult with the Commission Consultation. and the Secretary of Energy before promulgation of any such rule. "(2) Judicial review of any rule promulgated under Judicial review. this section may be obtained by any interested person only upon such person filing a petition for review within sixty days after such promulgation in the United States court of appeals for the Federal judicial circuit in which such person resides or has his principal place of business. A copy of the petition shall be forthwith transmitted by the clerk of court to the Administrator. The Administrator thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which such rule was based as provided in section 2112 of title 28, United States Code. The court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant appropriate re- 5 USC 701 lief as provided in such chapter. The judgment of the et seq. court affirming, modifying, or setting aside, in whole or in part, any such rule shall be final, subject to judicial review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "(3) Any rule promulgated under this section shall not take effect earlier than sixty calendar days after such promulgation. "d. Implementation and enforcement of the standards promulgated pursuant to subsection b. of this section shall be the responsibility of the Commission in the conduct of its licensing activities under this Act. States exercising 42 USC 2021. authority pursuant to section 274 b. (2) of this Act shall implement and enforce such standards in accordance with subsection o. of such section. "e. Nothing in this Act applicable to byproduct material, as defined in section 11 e. (2) of this Act, shall affect the authority of the Administrator under the Clean Air Act of 1970, as amended, or the Federal Water Pollution 42 USC 2014. Control Act, as amended.1 1 Public Law 95-604 (92 Stat. 3039) (1978), sec. 206 (a), added sec. 275. 42 USC 7401. note. 42 USC 2258. Records, transfer. Repeal. 42 USC 2251 et seq. Repeal. 42 USC 2315. 31 USC 1302. Repeal. 42 USC 2259. "CHAPTER 20. JOINT COMMITTEE ON ATOMIC ENERGY ABOLISHED: FUNCTIONS AND RESPONSIBILITIES REASSIGNED 2 "SEC. 301. JOINT COMMITTEE ON ATOMIC ENERGY ABOLISHED. "a. The Joint Committee on Atomic Energy is abolished. "b. Any reference in any rule, resolution, or order of the Senate or the House of Representatives or in any law, regulation, or Executive order to the Joint Committee on Atomic Energy shall, on and after the date of enactment of this section, be considered as referring to the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the subject matter of such refer ence. "c. All records, data, charts, and files of the Joint Commitee on Atomic Energy are transferred to the committees of the Senate and House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the subject maters to which such records, data, charts, and files relate. In the event that any record, data, chart, or file shall be within the jurisdiction of more than one committee, duplicate copies shall be provided upon request. "SEC. 302. TRANSFERS OF CERTAIN FUNCTIONS OF THE JOINT COMMITTEE ON ATOMIC ENERGY AND CONFORMING AMENDMENTS TO CERTAIN OTHER LAWS.— "a. Effective on the date of enactment of this section, chapter 17 of this Act is repealed. "b. Section 103 of the Atomic Energy Community Act of 1955, as amended, is repealed. "c. Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by "(1) striking the subsection designation (a)'; and "(2) repealing subsection (b). "d. Section 252 (a) (3) of the Legislative Reorganization Act of 1970 is repealed. "SEC. 303. INFORMATION AND ASSISTANCE TO CONGRESSIONAL COMMITTEES. "a. The Secretary of Energy and the Nuclear Regulatory Commission shall keep the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the functions of the Secretary or the Commission, fully and currently informed with respect to the activities of the Secretary and the Commission. "b. The Department of Defense and Department of State shall keep the committees of the Senate and the Public Law 95-110 (91 Stat. 884) (1977), sec. 1, added chapter 20. |